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NIH IPPCR COMPLETE FINAL EXAM
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NIH IPPCR COMPLETE FINAL EXAM
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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
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