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Laws and Regulations pt.2

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