Exam (elaborations)
NIH IPPCR COMPLETE FINAL EXAM
- Course
- Institution
NIH IPPCR COMPLETE FINAL EXAM
[Show more]
Seller
Follow
michealmuthii
Reviews received
Content preview
NIH IPPCR COMPLETE FINAL EXAMfederalism - ANSWER federal government governs regarding issues that affect the
entire country, and state governments govern for each individual state
there are 51 total legal systems (USA + 50 states)
state - ANSWER Medical licensing and regulation fall under ______ laws
3 branches of government - ANSWER 1. executive: president, cabinet, agencies
2. legislative: house, senate
3. judicial: US supreme court, court of appeals, US district courts, special courts
executive branch - ANSWER President, Cabinet, agencies
legislative branch - ANSWER house, senate
judicial branch - ANSWER US supreme court, court of appeals, US district courts,
special courts
highest court - ANSWER Federal
-US Supreme Court
State
-PA/FL: Supreme Court
-NY: Court of Appeals
first level appellate court - ANSWER Federal
-US Court of Appeals
State
-PA: Superior and COmmonwealth courts
-FL: district court of appeals
-NY: Supreme court, appellate division
trial courts - ANSWER Have general jurisdiction. Trials are generally heard here
first
Federal
-US district courts
State
-PA: Court of Common Pleas
-FL: circuit courts
-NY: Supreme courts
state level of the highest court - ANSWER in PA/FL - supreme court
,NY - court of appeals
state level of the first level appellate court - ANSWER PA - superior and
commonwealth courts
FL - district courts of appeal
NY - supreme court, appellate division
state level of the trial courts - ANSWER PA - court of common pleas
FL - circuit courts
NY - supreme courts
small claims:
PA - magisterial district courts
FL - country courts
NY - small claims court
sources of law - ANSWER 1. constitution
2. statutory law
3. common law/case law
constitution - ANSWER Source of law applied by federal and states
Statutory law - ANSWER Enacted by legislature
-both houses
-conference committee
Regulations are composed by executive branch
Ex: law will write about clean water, but regulations will govern how much is in the
water and how it is clean
Ex: POMA enforces rules and regulations
Administrative law
common law/case law - ANSWER Founded by the results of trials/court cases
-exception: Louisiana
Stare Decisis: Court abides by prior decisions
stare decisis - ANSWER courts abide by prior decisions
types of law - ANSWER private law (civil)
public law (criminal)
private law - ANSWER cilvil law concerns differences/problems between
individuals
torts: monetary damages for loss or harm
,contract law: provides remedies if promises are not fulfilled
torts - ANSWER form of civil law where monetary damages are sought to
compensate for a loss or harm
contract law - ANSWER form of civil law that provides remedies if promises are not
fulfilled
public law - ANSWER criminal law concerns differences/problems between
individual and government
mens rea key- mental state of defendent determines the exact charge
administrative law
mens rea key - ANSWER mental state of the defendant when the criminal act was
perpetuated determines the exact charge charged
due process - ANSWER defendant has the right to be heard
equal protection - ANSWER citizens are equally protected in the judicial system
administrative law - ANSWER enforcement of regulations
Ex: state licensing and regulations, administrative law judge (ALJ) hearings
unintentional torts - ANSWER negligence - failure to perform an expected duty or
to carry out a duty in a reasonable manner
4 elements of negligence - ANSWER All are required
-duty
-breach
-causation proximate
-damages
types of negligence - ANSWER professional negligence
negligent misrepresentation
malpractice - ANSWER professional with a duty to act fails to follow generally
acceptable standards of practice, fails to act reasonable based on type of patient /
case / locality
this failure results in harm of the patient
intentional torts - ANSWER assault
battery
-medical procedures without consent
, false imprisonment
defamation/slander
invasion of privacy
-taking a picture during surgery without consent
fraud
4 elements requires to form a valid, enforceable contract - ANSWER offer
acceptance
consideration
-both parties must give something up to enter contract
meeting of the minds/legal commitment
-mutual agreement to terms
types of contracts - ANSWER written
oral
-no written required
quasi
equitable estoppel - ANSWER quasi-contract
prevents injustice when one party is benefitted but there is no valid contract
example of breach of contract - ANSWER patient abandonment
physician-physician contract - ANSWER - an agreement to pay services for as long
as they are received by the patient
- truthful disclosure of conditions by patient
- agreement to provide services by physician
malpractice - ANSWER form of negligence committed by a service professional
a failure to meet established practice standards that causes damage to a patient or
client
#1 cause of malpractice - ANSWER breakdown in physician-patient
communication
statute of limitations - ANSWER time limit as to when the lawsuit can be filed
differs by state
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller michealmuthii. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $17.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
80202 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now