Assignment

Chapter 1 – Assignment – Renardo Terrell

Q1 - Define the following terms: plaintiff, defendant, and jurisdiction. From the case you obtained,

identify each.

A. The plaintiff is the person or entity bringing the suit (Aiken, 2009).

B. The defendant is the person or entity who is sued and defending against the allegations (Aiken, 2009).

C. “Jurisdiction can be in personam or in rem. In personam jurisdiction means the court has jurisdiction over the person and In rem jurisdiction means the court has jurisdiction over the property or thing itself rather than over the people involved (Aiken 2009).

To me it seems to me that jurisdiction can be described as pertaining to a particular geographical area of legal authority.

D. The case that I looked at was the United States of America ((Plaintiff) v. Richard Allen Behnan and Kelly Moral (Defendants). The United States District Court, Eastern District of Michigan, Northern Division had the jurisdiction because it was a federal offense that they were charged with. They were charged with defrauding Medicare and Medicaid (FBI, n.d).

Aiken, T. D. (2009). The Law. Legal and ethical issues in health occupations (2nd ed., p. 12). St. Louis, Mo.: Saunders/Elsevier.

Aiken, T. D. (2009). The Law. Legal and ethical issues in health occupations (2nd ed., p. 10). St. Louis, Mo.: Saunders/Elsevier.

FBI ” Podiatrist Sentenced to 55 Months in Prison in Connection with $1.6 Million Medical Billing Fraud Scheme. (n.d.). FBI” Homepage. Retrieved March 16, 2013, from http://www.fbi.gov/detroit/press-releases/2013/podiatrist-sentenced-to-55-months-in-prison-in-connection-with-1.6-million-medical-billing-fraud-scheme

Q2 - What are the four elements of negligence? Underline each element you find in the case you obtained.

The four elements of Negligence are duty, breach of duty, proximate cause, and harm/damages (Aiken 2009).

I used the same case I used above, the United States of America ((Plaintiff) v....