Chapter 3: Legal Principles

Vocabulary flashcards covering legal principles, sources of law, criminal vs. civil law, torts, and professional licensing terminology from Chapter 3.

Litigious

Prone to lawsuits.

Act

A bill that has passed; also found in the name of a specific law.

Law

A rule of conduct or action prescribed or formally recognized as enforceable by a controlling authority.

Statute

Used more to refer to the contents of the actual law.

Ordinance

A piece of legislation passed by a municipality or local government.

Precedent

A prior court decision that serves as a model for similar legal cases in the future.

Case Law

Law derived from legal precedents and common law.

Constitutional Law

Law derived from the federal and state constitutions, which give power to federal and state governments.

Common Law

Unwritten laws that come from judicial decisions based on societal traditions and customs.

Statutory Law

Refers to the laws enacted by state and federal legislatures.

Liable

Legally responsible or obligated.

Defense

A strategy used by the defendant to avoid liability in a lawsuit.

Omissions

Lack of actions.

Criminal Law

Statutes that define actions or omissions (lack of actions) that threaten and/or harm public safety and welfare.

Crimes

Actions or omissions that are prohibited by criminal laws (and the government).

Civil Laws

Laws that protect and define private rights.

Tort

A civil wrongdoing that causes harm to a person or property; excludes breach of contract.

Tortfeasor

The individual or entity who committed the tort, intentionally or as a result of negligence.

Regulatory and Administrative Law

Laws related to procedures, regulations, and roles of governmental administrative agencies.

Damages

A monetary settlement the defendant pays the plaintiff in a civil case for loss or injury.

Injunction

A court order by which an individual or institution is required to perform or refrain from performing a certain act.

Special Damages

A settlement for a specific dollar amount that directly relates to medical bills.

Declaratory Judgment

A court judgment that defines the legal rights of the parties involved.

Alternative Dispute Resolution (ADR)

The process of settling disputes outside of litigation.

Legally Binding

A legal obligation.

Insured

The person or company purchasing the insurance policy.

Nominal Damages

A very small settlement awarded because the plaintiff's injury was slight.

Premium

The payment the insured pays to the insurance company.

Insurer

Another name for the insurance company.

Third Party

The term for the plaintiff when the insurer pays them directly.

Consent

One party voluntarily agrees with another party's proposition or plan.

Contract

An agreement between two parties.

License Surrendered

When a person voluntarily gives up their license.

License Revoked

When a license is terminated and the person can no longer practice in that occupation in the state.

Probation

When a person's professional license is monitored for a specific period of time.

License Suspended

When a person cannot practice in that occupation for a specific period of time.

Reprimand

When a person is sent a warning or letter of concern.

Judicial Branch

The branch of government that includes the Supreme Court and interprets laws according to the U.S. Constitution.

Legislative Branch

The branch of government that includes Congress and makes new laws.

Executive Branch

The branch administered by the president that issues executive orders, appoints judges, and makes treaties with other nations.

Plaintiff

An individual or party who brings the suit to court.

Defendant

An individual or business against whom a lawsuit is filed.

Felony

A serious criminal offense punishable by a substantial fine and prison time greater than $1\text{ year}$.

Misdemeanor

A lesser criminal offense punishable by a substantial fine and possible jail time less than $1\text{ year}$.

Invasion of Privacy

Disclosing private facts without the consent of the individual or intrusion into a person's personal life.

False Imprisonment

The intentional restraint of another individual without consent or reason.

Fraud

Deceiving or lying to a person or party for monetary gain.

Defamation

Intentionally saying something or writing something false about another person that causes harm.

Libel

Written defamation.

Slander

Spoken defamation.

Negligence

Failure to act as a reasonably prudent person would under similar circumstances; conduct falling below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

Reasonable Person Standard

Uses reasonable behavior as an objective test to measure another's actions or lack of actions.

Standard of Care

Refers to the level and type of care an ordinary, prudent healthcare professional, having the same training and experience in a similar practice, would have provided under a similar situation.

Malpractice

A type of negligence in which a licensed professional fails to provide the standard of care, causing harm to a person.

Nonfeasance

Failure to act when one had a legal duty to act.

Malfeasance

Performance of an unlawful, wrongful act.

Misfeasance

Improper performance of a lawful act that causes damage or injury.

Scope of Practice

Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practices.