Health Law exam 1

Law

a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as a binding or enforced by a controlling authority

legislation, administration rules, regulations, decisions and judicial decisions

what are the sources of public policy ?

Public Law

laws that cover administration constitution and criminal acts control the state itself and its citizens

the operation and structure of the government

what does public law deal with?

to attain what society deems to be valid public goals

what is the purpose of public law?

Private law

concerned with the recognition and enforcement of rights and duties of private individuals

tort action

one party accusing the other party of wrong doing/ harm and seeks compensation

contraction action

involves claim by one party accusing the other party of a breach of agreement

public policy

principle of law that holds that no one can lawfully do that which tends to be injurious to the public or is against the public good

common law

refers to the body of principles that evolve from and expand upon judicial decisions that arise during the trial of the case

precedent

judicial decision that may be used as a standard in subsequent similar cases

Re judicata

Latin for "things decided" that is a matter already decided by judicial authority

statutory laws

an act of legislature; a particular law enacted and established by the will of the legislative department of government

True

True or false: Statue law can abolish and rule of common law

Administrative law

extensive body of public law issued by either state or federal agencies to direct the enacted laws of the federal and state government

1803

What year was the Marbury v Madison cases decided?

it was the first U.S. Supreme Court case to apply "Judicial Review", and it allowed the Supreme Court to rule laws unconstitutional.

What was the significance of the Marbury v Madison case?

U.S. Constitution, common law, statutory law and administrative law

what are the 4 sources of law?

false

True or false: the 4 sources of law only deal with federal cases

the basic principles and laws of a nation, state or social group that determine the powers and duties of the government and guarantee rights of its people

what is the U.S constitution?

True

True or false: The U.S constitution is the fundamental law of our country and can't changed or deviated from

True

the constitution is not the law that governs us, but the law that governs those who govern us

is to resolve disputes

What is the role of the judiciary or courts (judges)?

the person who initiates an action by filing a complaint

What is a plantiff?

the person against whom a lawsuit is brought

what is a defendant?

False

True or False: the compliant is the final plead in a lawsuit

it is the filing point for rules known by state regulatory agencies

what is the purpose of the department of state administrative code and register?

not planned or chosen for a particular reason

what does arbitrary mean?

changing often or quickly, changing suddenly in mood or behavior

what does capricious mean?

legal document issued by a court and served on an individual that a legal proceeding has began

what is a summons?

is a pleading in a lawsuit by the defendant, challenging the legal adequacy of the plaintiff's complaint

what is a demurrer?

filed with the answer denying the plaintiff's claim, faulting the plaintiff for the wrongful act

what is a counterclaim?

written request by the defendant asking for more detailed information from the plaintiff regarding the allegation

what is a bill of particulars?

the process of investigating the facts of the case before trial

what does discovery mean?

A legal order requiring a person to appear in court or turn over specified documents

what is a subpoena?

"the thing speaks for itself" doctrine of law in which the defendant had exclusive control over the thing that caused harm which would of not happen without negligent conduct

what is res ispa loquitur?