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Case law
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MAA Ch.3 Vocab. pt.2

Ch.3 Vocab. pt.2

TermDefinition
Act A term for a proposed law
Case law A law based on judicial decisions rather than law based on constitutions, statutes or regulations
Common Law Unwritten law based on societal traditions and customs
Constitutional Law Rights granted based off of US constitution
Ordinance Law created by local government
Precedent Something done or said that may serve as an example or rule to authorize or justify a subsequent action
Statute A law enacted by a legislature
Statutory Law laws passed by the legislature
Civil Law Defines ways in which protect & define private rights
Tort Law When one person/business/government does a wrongdoing to an individual tort, negligence, and strict liability (strict duty to ensure safety of manufactured products)
Contract Law Applies to agreements between two or more individuals or parties
Property Law For personal property and real property
Family Law Applies to marriage, divorce, annulment, child custody and support , birth, and adoption
Assualt Intentional threat to do harm or acting in a manner that causes another to fear bodily harm
Statute Contents of an actual law
Ordinance Piece of legislation passed by a municipality/local government
Constitutional Law Derived from precedents and common law
Regulatory and Administrative Law Concerns procedures and regulations/rules of federal, state and local governmental administrative agencies
Statutory Law Laws enacted by the state and federal legislature
Substantive Law Laws determining the rights/obligations of people derived from common law
Procedural Law Laws all parties must follow when investigating/prosecuting unlawful acts
Criminal Law Statutes that define actions or omissions
Misdemeanors A lesser criminal offense (assault/battery/ false imprisonment/ perjury/shoplifting/OWI/OUI) (LESS THAN 1 year)
Felonies A serious criminal offense, classified by degree (first degree=worst) (1 year or MORE)
Scope of Practice Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practices
Standard of Care Based on what's immediately available for you based on resources and laws
Malfeasance Malpractice
Misfeasance Make a mistake in the process of performing the standard of care
Nonfeasance Not acting to ones best ability within the standard of care, good Samaritan law or scope of practice that leads to patient harm
Implied Contract Parties have agreed to terms of the contact through actions and behaviors (provider-patient relationship)
Expressed Content Parties have specifically stated the terms of the contract in writing, orally, or both
Statutes of Fraud Must be written in order for it to be legal it must signed
Consent One party voluntarily agrees with another party's proposition of plan
Implied Consent Consent that's inferred based on signs, actions, or conduct of the patient rather than oral consent
Expressed Consent Consent that's inferred based on signs , actions, or conduct of the patient rather than oral consent
Informed Consent A legal process that ensures the patient/guardian understands and gives consent to the treatment offered
Doctor of Informed Consent surgical procedures, complex procedures and tests, administration of high-risk medications and most vaccines, participation in a research study, cancer treatment, some medical lab. testing
Created by: almestica.nashia
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