HIMT 1133 Midterm/Final Study Guide 2025
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Terms in this set (170)
Types of Law: Public Conflict between govt. and private parties
Types of Law: Private Conflicts between private parties
Types of Law: Civil Non-criminal Law
rights and duties that exist between parties that are
Types of Law: Tort
independent of a contract
is to declare certain conduct injurious to the public
Types of Law: Criminal order and provide specified punishment for those
found to have engaged in such conduct.
-Deals with the "merits" of a dispute.
Types of Law:
-Defines/regulates the rights and responsibilities of
Substantive
citizens.
-Deals with the procedures of the legal system.
Types of Law: Procedural
-Focuses on the process.
is concerned with an agreement between two or
more parties that creates some type of obligation to
Types of Law: Contract
act or refrain from acting in exchange for some type
of consideration.
a written plan that provides the basic framework of
a government
Constitutions system of fundamental principles by which a nation,
state, or corporation is governed & may be written
or unwritten
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Bill of RIghts The first ten amendments to the Constitution
Branches Of enforces the law
Government: Executive
Branches of Government: Makes laws
Legislative
Branches of Government: interprets the law
Judicial
Statutes Written laws made by legislatures
a piece of legislation enacted by a municipal
authority.
Ordinances
laws passed at the local level by legislative bodies
such as city councils or boards.
HIPAA (Health Insurance It states the under these two acts that patients have
Portability and rights to maintain a copy of his protected health
Accountability Act) information.
Patients must be assured that the health information
Code of Federal
they share with healthcare professionals will remain
Regulations
confidential
Statutes, Constitution, Judicial Decisions,
Sources of Law
Administrative Decisions/Regulations
stare decisis let the decision stand
"Let the master answer" an employer is vicariously
Respondeat Superior liable for the behavior of an employee working
within his or her scope of employment
"The thing has been decided." A claim cannot be
res judicata retried between the same parties if it has already
been legally resolved.
Res Ipsa Loquitur the thing speaks for itself
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non-legal requirements (not laws) put in place
internally by health care organizations in response
Quasi-Legal to licensing requirements, accrediting standards,
Requirements: and professional association recommendations
(examples: policies, procedures, medical staff
bylaws)
compliance with the requirements and standards of
deeming authority either or both accrediting organizations may
substitute for compliance with CM
Municipal courts, trial courts, appellate courts, State
Court Structure: State
Supreme court,
the subject-matter jurisdiction of United States
federal courts to hear a civil case because the
Federal Question
plaintiff has alleged a violation of the United States
Jurisdiction
Constitution, federal law, or a treaty to which the
United States is a party.
the power of the federal courts to hear matters of
state law if the opposing parties are from different
Diversity Jurisdiction
states and the amount in controversy exceeds
$75,000
What Governs the Federal Civil Procedures Rules of Evidence
admissibility of health
records into evidence?
Federal Rules of governing opinions and expert testimony
Evidence: Article VII
Federal Rules of governing hearsay (e.g. introduction of the health
Evidence: Article VIII record as evidence),
Federal Rules of Authentications and Identifications
Evidence: Article IX
Federal Rules of governing contents of writings, recordings, and
Evidence: Article X photographs.
Federal Rules of Misc. Rules
Evidence: Article XI
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