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Medical Law/Ethics
CH 4
Term | Definition |
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executive order | a rule or regulation issued by the president of the US that becomes law without the prior approval of Congress |
constitutional law | law serives from the federa and state constitutions |
case law | law established through common law and legal precedent |
common law | the body of unwritten law developped in England, primarily from judicial decisions based on custom and tradition |
legal precedents | decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation |
statutory law | law passed by the US congress or state legislatures |
administrative law | enabling statutes enacted to define powers and procedures when an agency is created |
substantive law | the statutory or written law that defines and regulates legal rights and obligations |
procedual law | law that defines the rules used to enforce substantive law |
criminl law | law that involves crimes against the state |
felony | a offense punishable by death or by imprisonment in a state or federal prision for more than one year |
misdemanor | crime punishable by fine or by imprisonment in a facility other than a prison for less than one year |
civil law | law that involes wrongful acts against persons |
tort | a civil wrong committed against a person or property, exckuding breach of contract |
tortfeasor | the person quilty of committing a tort |
negligence | an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances |
jurisdiction | the power of a court to hear and decide a case before it |
plainiff | the person bringing charges in a law suit |
prosecution | the goverment as plaintiff in a criminal case |
defendant | the person or party against whom criminal or civil charges are brought in a lawsuit |
contract | a voluntary agreement between two parties in which specific promises are made for consideration |
void | without legal force or effect |
breach of contract | failure of either party to comply with the terms of a legally valid contract |
minor | anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions |
statue of frauds | state legislation governing written contracts |
implied ccontracts | are those in which the conduct of the parties creates the contrac |