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Chapter One Terms/Concepts
The Legal Environment
24
Nursing
Not Applicable
01/29/2018

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Term
Law
Definition
formalization of a body of rules of action or conduct prescribed that is enforced by binding legal authority or as the sum total of rules and regulations by which society is governed
Term
Constitutionalized law
Definition
organizational framework of a system of laws or principles that govern a nation, system, corporation, or other organizations. It forms the basis of how that entity will be governed
Term
Statues
Definition
enactments by the legislative branches of government. The written laws that are “on the books” and codified or available in writing. Nurse Practice Act (NPA) is an example of a statutory law
Term
Administrative law
Definition
administrative agencies such as the state board of nursing are empowered by legislative bodies to implement a certain area of law. The administrative agency has delegated power to make administrative rules and regulations and to adjudicate disputes within the area of delegated power. Attorney generals’ opinions are another source of administrative law
Term
Common law or case law
Definition
result of judicial decisions made from disputes that arise and are decided in courts of law. It is an important source of guidance for others who may be in similar circumstances because it serves as legal precedent in the jurisdiction where the decision was made
Term
Plaintiff
Definition
The person who brings a lawsuit forward and files a complaint against one or more defendants
Term
Complaint
Definition
Allegations against one or defendants. Failure to file and answer the complaint in a timely fashion may result in a default judgment in favor of the plaintiff
Term
Summons
Definition
A request that is issued and the complaint of the plaintiffs is served upon the defendants, who must answer the allegations set forth in the complaint
Term
Discovery
Definition
A period of time following the defendant’s answer during which the parties gather information and make official statements about the facts surrounding the incident in question
Term
Depositions
Definition
Sworn statements may be answered in the presence of a court reporter which preserve the evidence for later use at trial
Term
Interrogatories
Definition
Written statements under oath submitted by one party of a lawsuit to another, which preserve the evidence for later use at a trial
Term
Summary judgment
Definition
During any of the discovery proceedings, either party may file a motion with the court for a judgment in their favor.  If granted, the lawsuit is ended, unless the losing party seeks an appeal of that order
Term
Motion to dismiss or a directed verdict
Definition
Either the plaintiff or defendant can ask for a motion to dismiss based on lack of evidence presented by the opposing party
Term
Verdict
Definition
The outcome of a case decided by the jury or judge of the case
Term
Judgment
Definition
A decision of the court that is executed
Term
Judgment notwithstanding the verdict
Definition
The judge enters a verdict notwithstanding the jury verdict.  The losing party may make a motion for a judgment notwithstanding the verdict.
Term
Appeal
Definition
One party to a lawsuit may challenge the trial court’s decision, and must show that the court committed an error during the trial that was harmful to or biased the outcome of the case
Term
Mediator
Definition
a person who conducts mediation. A mediator is usually a third person (lawyer, or retired judge, but can be a non-attorney specialist) in the subject matter who tries to bring people and their disputes to early resolution through a conference to avoid the lawsuit. The mediator is an active participant in the discussions and attempts to work out a solution, unlike an arbitrator who sits as a judge
Term
Arbitration
Definition
a neutral party, who is sometimes an attorney, hears both sides of the dispute in more informal proceeding where witnesses can be heard and questioned
Term
Federal district court
Definition
the trial court for the federal system. Intermediate courts are divided into circuits that cover several states
Term
Procedural law
Definition
such as evidence and jurisdiction, prescribe the manner in which rights and responsibilities are exercised and enforced in court. They provide the form and manner of conducting judicial business before the court
Term
Substantive laws
Definition
define and give rights that the court administers
Term
Procedural due process
Definition
Applies when a citizen has been deprived of a life, liberty, or property of interest. The person is entitled to be heard in a proceeding (hearing right) and must be notified of such right before the deprivation (notice right)
Term
Substantive due process
Definition
requires fair legislation that should be reasonable in context as well as application . No one should be unreasonably or arbitrarily deprived of life , liberty , and property.
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