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Post Graduate Diploma in Medico Legal Systems (PGDMLS)
1st Set of Assignments
Total marks 40
Name
of the student:
PRN
no.:
Course
1: Introduction to Medico Legal Systems
Q1.
Write in short about following legal & medical terminologies (10 marks)
a.
Plaintiff
Answer : The plaintiff is the person who brings a lawsuit to court. In
civil law cases, the plaintiff is also sometimes referred to as the
claimant—that is, the person bringing a claim against another person.
The other party in a civil lawsuit is the defendant or respondent (the
one who responds to the suit). The defendant is the person being sued or the
person against whom the complaint is filed.
Most business litigation
b.
Jurisdiction
Answer : Jurisdiction can be defined as the limit of a judicial authority
or the extent to which a court of law can exercise its authority over suits,
cases, appeals etc. The rationale behind introducing the concept of
jurisdiction in law is that a
c.
Cause of Action
Answer : Medical malpractice is a legal cause of action that occurs when
a medical or health care professional, through a negligent act or omission,
deviates from standards in their profession, thereby causing injury to a
patient.[1] The negligence might arise from errors in diagnosis, treatment,
aftercare or health management.
d.
Arrest
Answer : arrest, in
simple terms, means stopping a person at his place and restraining his movement
and detaining him with valid legal authority. An arrest can be made to prevent
a crime or after a crime has been committed, if a suspect is known.
The vital elements
e.
Cognizance
Answer : The
power, authority, and ability of a judge to determine a particular legal
matter. A judge's decision to take note of or deal with a cause.
That which is cognizable to a judge is within the scope of his or her
jurisdiction. A Justice of the Peace would not have cognizance of a major
criminal matter.
Taking cognizance actually does not involve any formal action by the
judge or magistrate, because as soon as a
f.
Fundamental Rights
Answer : The Fundamental Rights are defined as the basic human rights of
all citizens. These rights, defined in Part III of the Constitution, applied
irrespective of race, place of birth, religion, caste, creed, gender, and
equality of opportunity in matters of employment. They are enforceable by the
courts, subject to specific restrictions.
g.
F.I.R
Answer : First Information Report (FIR) is a written document
prepared by the police when they receive information about the commission of a
cognizable offence. Cognizable Offence is an offence is one in which the police
may arrest a person without warrant. They are authorised to start an investigation
into a cognizable case on their own and they do not require any orders from the
court to do so. A police
h.
Autopsy
Answer :
Autopsy, literally meaning self study of a dead body, is carried out for
clinical as well as medico-legal purposes.
Medico
Legal Autopsy
i.
Brain Death
Answer : It
is the complete and irreversible cessation of all functions of the brain
including the brain stem.
It can be
determined in several ways:
·
No electrical
activity in the brain (determined by EEG)
·
No blood flow
j.
Evidence Based
Answer : Medical evidence essentially
means evidence given by a medical expert which is in turn based upon his skills
and professional experience.[2] However, medical evidence are only
corroborative evidence and cannot outweigh the oral evidence produced during
the trial. It is so because it is an evidence of opinion rather than an
evidence of fact as per section 45 of Indian Evidence Act, 1872.
Course 2: General Principles of
Law
Q1.
Define 'FREE CONSENT'. What are its components? Give examples of your own
choice. (10 marks)
Answer : Meaning
of consent
According to
Section 13 of the Indian Contract Act, 1872 consent means when both parties
agree to a thing in the same sense of mind or unison of mind.
The
principle of consensus-
Course
3: Laws relating to Incorporation of Medical Institutions
Q1.
Discuss in detail the dissolution of partnership firm. (10 marks)
Answer : Dissolution of partnership firm is a process in which
relationship between partners of firm is dissolved or terminated. If a
relationship between all the partners of firm is dissolved then it is known as
dissolution of firm. In case of dissolution of partnership of firm, the firm
ceases to exist. This process includes the discarding and disposing of all the
assets of firm or and settlements of accounts, assets, and liabilities.
Course 4: Consumer Laws and
Medical Profession, Taxation
Discuss
a.
The nature of partnership
Answer : Partnership is an aspect of right of association
guaranteed under article 19(1) ( c )of the Constitution of India, which right
is always subject to reasonable restrictions imposed by law from time to time.
The rights and obligations of a partnership firm which has no distinct legal
existence but only a compendious name for the partners are regulated by the
provisions of the Indian Partnership Act.
People who have entered into a
partnership with one another are independently termed as ‘partners’ and
comprehensively termed as ‘firm’. The name under which the trade is carried is
called the ‘name of the firm’. A partnership
b.
Relations of partners to third parties (10
marks)
Answer : A partner is considered to be an agent
of the firm as per Section 18 of the Indian Partnership Act,
1932, that partner is granted a real or apparent authority to act on behalf of
the firm and hence he represents the firm through his actions. A partner is
granted permission to make moves, conduct business as usual with certain
limitations being put in some ordinary or extraordinary situations.
Dear
students get fully solved assignments
Send
your semester & Specialization name to our mail id :
help.mbaassignments@gmail.com
or
Call
us at : 08263069601
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