Medical Jurisprudence Exam
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1. Federalism a form of government in which power is divided
between the federal (national) government and
the states
- issues that affect the entire country vs state
specific issues
2. 51 (one federal and 50 state) how many legal systems are there in the US?
3. State laws Are medical licensing and regulations state or
federal laws?
4. Executive, Legislative, Judicial The three branches of federal government are:
5. provide checks and balances, making Purpose of the three branches of federal govern-
sure that no one branch has more pow- ment as a whole is to
er than the others
6. Executive Branch POTUS, cabinet, agencies
- administers and enforces the laws
7. Legistlative Branch house and senate
- the lawmaking body
8. Judicial Branch US supreme court, court of appeals, US district
courts, special courts, international trade and
court of federal claims
- interprets laws
9. General Jurisdiction Trial Courts Courts that hear any civil or criminal cases that
have not been assigned to a special court
- federally, these are US district courts
- state, these are small claims court and court of
common pleas
, Medical Jurisprudence Exam
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10. first level appellate court court that hears appeals
- federally, this is the US court of appeals
- state, this is superior and commonwealth
courts
11. highest court Federally, this is the supreme court
State, it is also called the supreme court
12. constitution, statutory law, common The 3 sources of law are:
law
(the book has regulatory as a 4th)
13. Statutory Law state medical boards are what kind of law?
- specifically regulations and adminis-
trative law
14. stare decisis literally means let the decision stand
- means that courts will abide by prior decisions
15. Private Law Also known as civil law, concerns differences or
problems between individuals
- torts, contract, property, inheritance, family,
and corporate law
16. Torts wrongful acts for which an injured party has the
right to sue for compensation
- two types unintentional vs intentional
17. Contract law provides remedies if promises are not fulfilled
18. Public Law law that concerns the government and individu-
als
- criminal, administrative, constitutional, and in-
ternational law
, Medical Jurisprudence Exam
Study online at https://quizlet.com/_bt0hkf
19. unintentional tort negligence, professional negligence (malprac-
tice), and negligent misrepresentation
20. duty, breach, causation, and damages the 4 elements of a negligence action are:
21. Negligence failure to perform an expected duty or failure to
perform that duty in a reasonable manner
22. Professional negligence also called malpractice
- when a healthcare professional has a duty to act
but fails to follow generally acceptable standards
of practice, leading to harm of a patient
23. Negligence Misrepresentation fault-based theories
- when someone makes a statement (knowing
that it's false or neglecting to verify it) and it turns
out to be untrue, leading to harm due to reliance
on that statement
24. intentional tort A wrongful act knowingly committed
- assault, battery, false imprisonment, invasion of
privacy, fraud
25. Battery procedures done without consent are under
which type of intentional tort?
- this type of tort requires actual bodily harm or
unlawful touching to occur
26. assault for this type of intentional tort, it is sufficient for
the patient to just fear that he or she will be
hurt or has an "imminent apprehension of bodily
harm"
, Medical Jurisprudence Exam
Study online at https://quizlet.com/_bt0hkf
27. slander oral defamation of character is called
28. libel A written defamation of a person's character,
reputation, business, or property rights.
29. embezzlement a form of fraud where there is illegal appropria-
tion of property by a person who was entrusted
with its possession
30. document (can be written or oral) that What is a contract?
includes offer, acceptance, considera-
tion, and meeting of the minds
31. Quasi Contract court-imposed obligation to prevent unjust en-
richment in the absence of a contract
32. Patient Abandonment Terminating the relationship with the patient
without giving reasonable notice or providing
a competent replacement, resulting in a lack of
necessary medical care
- form of contract breach and negligence
33. a letter from the physician that indi- What should be sent to the patient to avoid pa-
cates the date his or her services will be tient abandonment?
terminated
34. class action lawsuit can be filed by one or more people on behalf of
a larger group of people who are all affected by
the same situation
35. felony type of criminal act that carries a punishment
of death or imprisonment in a state or federal
prison for more than one year
Study online at https://quizlet.com/_bt0hkf
1. Federalism a form of government in which power is divided
between the federal (national) government and
the states
- issues that affect the entire country vs state
specific issues
2. 51 (one federal and 50 state) how many legal systems are there in the US?
3. State laws Are medical licensing and regulations state or
federal laws?
4. Executive, Legislative, Judicial The three branches of federal government are:
5. provide checks and balances, making Purpose of the three branches of federal govern-
sure that no one branch has more pow- ment as a whole is to
er than the others
6. Executive Branch POTUS, cabinet, agencies
- administers and enforces the laws
7. Legistlative Branch house and senate
- the lawmaking body
8. Judicial Branch US supreme court, court of appeals, US district
courts, special courts, international trade and
court of federal claims
- interprets laws
9. General Jurisdiction Trial Courts Courts that hear any civil or criminal cases that
have not been assigned to a special court
- federally, these are US district courts
- state, these are small claims court and court of
common pleas
, Medical Jurisprudence Exam
Study online at https://quizlet.com/_bt0hkf
10. first level appellate court court that hears appeals
- federally, this is the US court of appeals
- state, this is superior and commonwealth
courts
11. highest court Federally, this is the supreme court
State, it is also called the supreme court
12. constitution, statutory law, common The 3 sources of law are:
law
(the book has regulatory as a 4th)
13. Statutory Law state medical boards are what kind of law?
- specifically regulations and adminis-
trative law
14. stare decisis literally means let the decision stand
- means that courts will abide by prior decisions
15. Private Law Also known as civil law, concerns differences or
problems between individuals
- torts, contract, property, inheritance, family,
and corporate law
16. Torts wrongful acts for which an injured party has the
right to sue for compensation
- two types unintentional vs intentional
17. Contract law provides remedies if promises are not fulfilled
18. Public Law law that concerns the government and individu-
als
- criminal, administrative, constitutional, and in-
ternational law
, Medical Jurisprudence Exam
Study online at https://quizlet.com/_bt0hkf
19. unintentional tort negligence, professional negligence (malprac-
tice), and negligent misrepresentation
20. duty, breach, causation, and damages the 4 elements of a negligence action are:
21. Negligence failure to perform an expected duty or failure to
perform that duty in a reasonable manner
22. Professional negligence also called malpractice
- when a healthcare professional has a duty to act
but fails to follow generally acceptable standards
of practice, leading to harm of a patient
23. Negligence Misrepresentation fault-based theories
- when someone makes a statement (knowing
that it's false or neglecting to verify it) and it turns
out to be untrue, leading to harm due to reliance
on that statement
24. intentional tort A wrongful act knowingly committed
- assault, battery, false imprisonment, invasion of
privacy, fraud
25. Battery procedures done without consent are under
which type of intentional tort?
- this type of tort requires actual bodily harm or
unlawful touching to occur
26. assault for this type of intentional tort, it is sufficient for
the patient to just fear that he or she will be
hurt or has an "imminent apprehension of bodily
harm"
, Medical Jurisprudence Exam
Study online at https://quizlet.com/_bt0hkf
27. slander oral defamation of character is called
28. libel A written defamation of a person's character,
reputation, business, or property rights.
29. embezzlement a form of fraud where there is illegal appropria-
tion of property by a person who was entrusted
with its possession
30. document (can be written or oral) that What is a contract?
includes offer, acceptance, considera-
tion, and meeting of the minds
31. Quasi Contract court-imposed obligation to prevent unjust en-
richment in the absence of a contract
32. Patient Abandonment Terminating the relationship with the patient
without giving reasonable notice or providing
a competent replacement, resulting in a lack of
necessary medical care
- form of contract breach and negligence
33. a letter from the physician that indi- What should be sent to the patient to avoid pa-
cates the date his or her services will be tient abandonment?
terminated
34. class action lawsuit can be filed by one or more people on behalf of
a larger group of people who are all affected by
the same situation
35. felony type of criminal act that carries a punishment
of death or imprisonment in a state or federal
prison for more than one year
