Chapter 2 - Medical Law and Ethics- Legal System
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each of the black spaces below before clicking
on it to display the answer.
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| assault | threat of bodily harm
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| battery | bodily harm and unlawful touching
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| breach of contract | failure to carry out any of the terms of an agreement or contractual duty
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| case law | laws based on decisions made by judges in court
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| checks and balances | does not allow one branch of the government to have more power than the other two
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| civil law | law that concerns relationships between individuals, which are not criminal
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| class action lawsuit | lawsuit filed by one person on behalf of a larger group of people
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| closing argument | closing speech or summary made by attorneys of both the plaintiff and defendant
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| common law | also known as case law
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| competent | capable of making a decision without mental confusion due to drugs, alcohol, or other reasons
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| consideration | in contract law, something of value given as part of the agreement
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| constitutional law | laws based on the US Constitution and constitutions of states.
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| Contract law | law based on voluntary agreement between parties with the intent of benefiting each other.
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| criminal law | laws set up to protect the public from the harmful acts of others
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| defamation of character | making false and/or malicious statements about another person; includes libel and slander
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| defendant | person or institution being sued
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| deposition | oral testimony that is made before an officer of the court to be used in a lawsuit
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| discovery | the legal process by which facts are discovered before a trial
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| embezzlement | the illegal obtaining of funds by a person entrusted with its possession
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| expert witness | professional who has special knowledge or experience who testifies in court
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| expressed contract | agreement entered into orally or in writing
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| felony | a serious crime that carries a punishment of death or imprisonment for more that a year
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| implied contract | agreement shown through inference by signs, inaction, or silence
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| indictment | a written charge presented to the court by the grand jury against a defendant
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| intentional torts | occur when a person has been intentionally or deliberately injured by another
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| libel | any publication in print, writing, pictures, or signs that injures the reputation of another person
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| litigation | a dispute that has resulted in one party suing another
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| misdemeanors | less serious offenses, punished by fines or imprisonment up to one year
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| plaintiff | a person or group of people suing another person or group of people
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| prosecutor | a person who brings a criminal lawsuit on behalf of the government
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| regulatory law | made by agencies such as the Food and Drug Administration
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| slander | speaking false and malicious words concerning a person that brings injury to his/her reputation
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| Stare decisis | "let the decision stand"
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| statutory law | law made by legislative bodies such as Congress
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| subpoena | a court order for a person or documents to appear in court
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| subpoena duces tecum | "under penalty take with you"
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| summary judgment | judge's ruling to end a lawsuit without a trial based on a matter of law presented in pleadings
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| tort | a civil injury, or wrongful act, committed against another person that results in harm and is compensated in money damages
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| unintentional torts | negligence; unintentional action or performing carelessly
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| waive | give up a right
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| legislative branch | the branch of the government that makes the law
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| executive branch | the branch of the government that enforces the law
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| judicial branch | the branch of the government that interprets the law
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| federalism | a form of government where power is divided between a central government and smaller regional governments
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| precedent | a previous case decision serves as a model for future cases
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| minor | under the age of 18
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| emancipated minor | ages 15-18 who is married, has a child, in the military, or is self-supporting
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| abandonment | withdrawing medical care from a patient without providing sufficient notice in writing
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| beyond a reasonable doubt | standard of proof for criminal cases
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| preponderance of evidence | standard of proof for civil cases
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