Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
124 Cards in this Set
- Front
- Back
Defines the rights and obligations that arise between two or more parties, such as torts |
Substantive Law |
|
The court's rules that guide a lawsuit from the time it begins through completion, whether it culminates in a trail or ends with a settlement or dismissal. |
Procedural Law |
|
Legal healthcare cases are ____ rather than criminal in nature |
Civil |
|
In Federal courts, who presides over civil cases at the trail level? |
Judges |
|
Individuals or organizations involved in a lawsuit. |
Parties |
|
The party the initiates a lawsuit to enforce his/her rights and/or another's obligations |
Plaintiff |
|
The object of the lawsuit, and against whom a lawsuit it brought. |
Defendant |
|
Lawsuits often proceed for groups of consumers to file lawsuits against a large and generally powerful entity for alleged wrongdoing |
Class Action |
|
From the time a lawsuit is filed until the date a trail is scheduled, where a number of procedures will take place |
Pretrail |
|
Refers to the legal proceedings that accompany a lawsuit |
Litigation |
|
First step in Litigation |
Commencement/Filing of a Lawsuit |
|
He/She acting through self representation |
Pro Se |
|
Gives the defendant notice of the lawsuit and explains the defendant's procedural obligations |
Summons |
|
Once a complaint is filed, a copy is served on the defendant along with the _____ |
summons |
|
The defendant must respond to the complaint by filing an _____ within the same time specified by the court. |
answer |
|
Failure to answer may result in an automatic or ______ __________ by the court against the defendant |
default judgment |
|
A claim by a defendant against a plaintiff |
Counterclaim |
|
A claim by one party against another party who is on the same side of the main litigation |
Cross-Claim |
|
An action by a defendant to bring in (join) an outsider as codefendant |
Joinder |
|
Refer to documents generated by parties involved in a lawsuit, including complaints and answers |
Pleadings |
|
Governmental official who officially maintains documents associated with legal actions filed in that court system |
Clerk of Court |
|
Following the commencement of a lawsuit, the next pretrial stage is ______. |
Discovery |
|
Period leading to trial and allows all parties to use various strategies to discover or obtain information held by other parties and to assess the strengths and weaknesses in each party's case
|
Discovery |
|
Refers to the limits on parties to discover pretrial information held by another. |
Discoverability |
|
Refers to evidence that is allowed to be admitted in a court of law and thus considered by the judge or jury in making a final determination about a case |
Admissibility |
|
Formal proceeding by which the oral testimonies of individuals are obtained |
Deposition |
|
Required to establish the authenticity or genuineness if a health record that is introduced as evidence |
Testimony |
|
Verification of the record's validity and there its reliability and truthfulness as evidence |
Authentication |
|
Attorneys may ask inappropriate questions, it is acceptable to respond, _________. |
I don't know. |
|
Provides a mechanism for questions to be presented to parties of the lawsuit and answered in writing during a more extensive time frame than that provided by a deposition. |
Interrogatories |
|
When the physical or mental conditions of a party is in question, the opposing party may request an independent _______ __________ or an independent ________ __________. |
Physical Examination/Mental Examination |
|
Asks the opposing party to make certain admissions that will diminish the amount of time and money that would otherwise be spent proving those facts |
Requests for Admissions |
|
A document issued by a judge the compels certain action, such as a testimony or the production of documents such as health records |
Court Order |
|
Legal tool used to compel one's appearance at a certain time and place to testify or produce documents or other tangible items either during discovery or at trial |
Subpoena |
|
A subpoena can be _____, ______, or ___________ in nature. |
Civil, Criminal, Administrative |
|
A Subpoena must be accompanied by _______ __________ to be valid |
patient autherization |
|
Primarily seeks an individual's testimony, more than likely to be directed toward physicians and other healthcare providers involved in the plaintiff's care than toward HIM. |
Subpoena ad Testificandum |
|
Instructs the recipient to personally appear and produce documents and other records |
Subpoena Duces Tecum |
|
A person who is commanded to produce records for inspection or copying may, within ___ days of being served, provide a written objection to the party or attorney designated in the subpoena. |
14 |
|
Written objections to subpoena are often made in the form of a _______ __ _______. |
Motion to Squash |
|
T/F : A subpoena is another name for a court order |
False |
|
T/F : In most cases, a subpoena for health records must be accompanied by patient authorization |
True |
|
T/F : Written objections to subpoenas may be made in a motion to squash |
True |
|
T/F : A subpoena duces tecum primarily seeks an individual's testimony |
False |
|
Material should always remain in a health record that has been subpoenaed, even if that material was not requested in the subpoena |
False |
|
A judge's written order authorizing a law enforcement officer to conduct a search of a specified place to seize evidence |
Judicial Search Warrant |
|
Protections against unreasonable searches and seizures are provided by the _________ |
Fourth Amendment |
|
A search that is conducted without obtaining a proper warrant is permissible when? |
Under urgent circumstances or when conducted incident to an arrest |
|
When parties and their attorneys will meet with the court to discuss the status of the case, the upcoming trial, and potential settlement negotiations |
Pretrial Conference |
|
Trial without a jury |
Bench Trial |
|
Fact-finding body that hears evidence given by the parties and other witnesses, observes evidence presented by both sides, and hears the opening statements and closing arguments of each side |
Jury |
|
Individuals called by each of the parties to provide evidence supporting that party's case |
Witnesses |
|
Individuals called to the witness stand _____, testifies based on their own observations of the situation |
Lay Witnesses |
|
Called to testify based on a subject matter expertise rather than on personal observations; was not present when the situation that prompted the lawsuit occured |
Expert Witness |
|
Assigned to a particular court, is responsible for maintaining order and decorum in the court as well as managing the schedule of the judge |
Bailiff |
|
Present during the entire course of the trial and is responsible for providing a verbatim transcript of the trial |
Court Reporter |
|
T/F : Cases are rarely settled before they reach trial |
False |
|
T/F : Judicial search warrants are more likely to be used to obtain health records in criminal cases than in civil cases |
True |
|
T/F : An expert witness is called to testify based on her own observations of the situation that prompted the lawsuit |
False |
|
T/F : A bench trial is a trial without a jury |
True |
|
Following the pretrial period, if the parties have been unable to negotiate a settlement, the case goes to _____ |
Trial |
|
A jury is selected through a process called _____ ______ |
Voir Dire |
|
Allows jurors to be excused for unstated reasons, attorneys are only allowed a limited number, and may not use on prejudicial grounds |
Peremptory Challenges |
|
When the trial begins, each side gives an _____ ______ that outlines that evidence that will be heard |
opening statement |
|
Who is the first to call witnesses and present evidence? |
plaintiffs attorney |
|
After each side rests its case, the attorneys for the opposing team may make a motion for a _____ _______, requesting the judge to determine that the case is over and favorable to the requesting party. |
Directed Verdict |
|
After both sides have presented and rested their cases, each presents a _____ _______ urging the jury to find in its favor. |
closing argument |
|
Sufficiently proving or establishing the requisite degree of belief for each element of a case |
Burden of Proof |
|
The jury, having been given legal ____ ______ by the judge, conducts ________ secretly and renders a decision or _____. |
Jury Instructions/Deliberations/Verdict |
|
Any split in votes results in |
Hung jury |
|
Awarded simply to recognize wrongdoing by the defendant when there is no substantial injury suffered by the plaintiff requiring compensation, or the plaintiff has failed to demonstrate dollar amount |
Nominal Damages |
|
Damages are the most common and compensate the plaintiff for losses incurred. |
Compensatory Damages |
|
Two types on Compensatory |
Economic and Noneconomic |
|
Medical Expenses and loss of wages |
Economic |
|
Pain and suffering of loss of consortium |
Noneconomic |
|
Exceed compensatory damages and punch the defendant, most likely to be requested where the actions of the defendant were reckless, wanton careless, etc, as to warrant excess by the court |
Punitive Damages |
|
After the court has rendered a verdict, the next stage in the litigation process is the |
appeal |
|
Party appealing a case is the |
Appellant/ Petitioner |
|
The party against whom a case is appealed is the |
appellee/respondent |
|
Final stage is litigation |
collection of data |
|
the defendant is required to do or to refrain from doing something |
equity |
|
directs the appropriate law enforcement official to seize the defendants real or personal property to satisfy the debt owed to the plaintiff |
writ or execution |
|
may be placed on the defendant's property, encumbering it and preventing the debtor defendant form taking any money from its sale until the judgment owed to the plaintiff has first been paid |
judgement lien |
|
T/F : In civil cases, the burden of proof is "beyond reasonable doubt" |
False |
|
T/F : Non economic compensatory damages have been targeted as a cause of rising professional malpractice insurance premiums. |
True |
|
T/F : The legal system does not allow photocopies of health records to be admitted into evidence |
False |
|
T/F : The party that appeals a lower court's decision is the appellee |
False |
|
T/F : Garnishment is a court-ordered collection of money damages that is awarded to the plaintiff through a set-aside of the defendant's wages |
True |
|
Class action lawsuits often involve
|
groups of consumers against large entities
|
|
The legal proceedings that accompany a lawsuit is/are called
|
litigation
|
|
A court’s rules that guide a lawsuit from its beginning throughcompletion is:
|
procedural law
|
|
Dr. Huffman has been sued by a patient for a faulty hip replacement procedure. Dr. Huffman believes he did not commit an error, but that the artificial hip was defective. He brings in OrthoJoint, the manufacturer, as a defendant. The process Dr. Huffman has just completed is:
|
joinder
|
|
Service is
|
notification of a lawsuit
|
|
The process that allows evidence to be used in a court of law and considered by a jury is:
|
admissibility
|
|
Mary has been deposed via a subpoena duces tecum. As the HIM director of General Hospital, she will bring the health record of a patient. Of the following options, what will Mary’s role be?
|
authenticate the record’s validity
|
|
Court orders for the production of records:
|
do not require patient authorization
|
|
A subpoena
|
may be issued by a party’s attorney
|
|
Formal, written objections to subpoenas are often made in a:
|
motion to quash
|
|
Because a plaintiff’s objected to the defendant receiving and reviewing her medical records, the judge decided that the records would be produced directly to the court so that he could personally review them in his chambers to determine their discoverability. This process is called:
|
in camera inspection
|
|
When preparing a health record in response to a subpoena duces tecum or a court order, which of the following should be completed?
|
prepare an index of the contents
|
|
A bench trial refers to a trial:
|
without a jury
|
|
Excusal of a juror without a stated reason is (a):
|
peremptory challenge
|
|
The burden of proof in which a plaintiff must prove that it was “more likely than not” that each element of a case was met is called
|
preponderance of the evidence
|
|
Actual damages, which compensate a plaintiff for losses incurred, are
|
compensatory
|
|
Which of the following type of damages has been controlled by implementing monetary caps to counteract lavish jury awards?
|
non-economic compensatory
|
|
The party who appeals a trial court decision is called the
|
appellant
|
|
If a plaintiff incurs $30,000 in damages related to medical expenses and lost wages, what are these?
|
economic compensatory damages
|
|
Mrs. Black sued Mr. Brown for failing to return the mechanics of a clock to her after he failed to build a clock case. Mr. Brown ignored Mrs. Black’s lawsuit, and she won a judgment of $1000.00. The court encumbered Mr. Brown’s property so that, when he tried to sell it three years later, he was unable to take any profit from the sale until Mrs. Black was first paid. This collection is called:
|
judgment lien
|
|
When Mr. Brownignored Mrs. Black’s lawsuit (question 20), she won the case under what legaltheory?
|
default judgment
|
|
Dr. Howard is called to testify in a medical malpractice case against Dr. Dale. He testifies that, based on his expertise of the subject matter, Dr. Dale did not commit medical malpractice. In this case, Dr. Howard is a(n):
|
expert witness
|
|
When an individual represents herself as her own attorney, she is:
|
acting pro se
|
|
When a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a(n):
|
complaint
|
|
A lawsuit has been filed against Pineview Hospital for bodily injuries allegedly suffered by a patient during his inpatient hospital stay. Legal counsel for the hospital believes the injuries reported in the plaintiff’s complaint are exaggerated. He uses which of the following discovery methods to determine the true extent of the injuries:
|
physical examination
|
|
T/F :
Procedural law encompasses a court’s rules that guide a lawsuit. |
True
|
|
T/F :
Class action lawsuits proceed for groups of consumers. |
True
|
|
T/F :
A cross-claim is a claim by a defendant against a plaintiff. |
False
|
|
T/F :
Joinder involves bringing an outsider into a lawsuit as a co-defendant. |
True
|
|
T/F :
Notification of a lawsuit occurs through service. |
True
|
|
T/F : |
True
|
|
T/F : |
False
|
|
T/F : |
False
|
|
T/F :
Authentication is verification of a record’s validity. |
True
|
|
T/F :
An independent mental examination may not be requested as a type of discovery. |
False
|
|
T/F : |
True
|