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Law
Broadly defined as a system that orders human activity through systematic enforcement, the aggregate of legislation/judicial precedents, or specific statutory rules.
Health Law
Focuses on how legal rules adapt to medicine, specifically addressing patient vulnerability and relationships between patients, providers, insurers, and families.
Public Health Law
Studies state legal powers and duties to ensure healthy population conditions, alongside the legal limits on state authority to restrict individual autonomy, privacy, or liberty for the common good
The Core Tension
Public health law constantly balances individual rights & liberties against the health of the overall population
Police Powers
Inherent powers reserved to individual states under the 10th Amendment to pass laws and regulations protecting public health, safety, welfare, and morals
Federalism
The system of shared sovereignty and power distribution between individual state governments and the federal government
Preemption Doctrine
Mandates that higher legal authority displaces lower legal authority when they conflict. Under the Constitution's Supremacy Clause, federal law preempts conflicting state law, and state law generally preempts local law.
Judicial Review
The power of courts to declare acts of Congress, executive actions, or state laws unconstitutional. Supreme Court rulings on constitutionality can only be altered by a later Supreme Court decision or a Constitutional Amendment
U.S. Constitution
The "Supreme Law of the Land," establishing federal powers, government structure, and checks and balances
Bill of Rights
The first 10 Amendments outlining specific individual freedoms and detailing limits on federal power
14th Amendment
Guarantees equal protection and due process of law against state actions, making it critical to public health law.
15th Amendment
prohibits voting discrimination based on race
19th Amendment
grants women the right to vote
Legislative Branch
congress ( Senate and House), Makes laws, Can override presidential vetoes, impeach officials, approve judicial appointments, and change non-constitutional laws
Executive Branch
President, Vice President, and Cabinet, carries out laws, Can veto legislation, propose laws, nominate judges, and grant pardons.
Judicial Branch
Supreme court and federal courts, evaluates laws, Exercises judicial review to declare executive actions or legislative acts unconstitutional.
Federal District Courts
The 94 federal trial courts where cases are initially tried, evidence is presented, and juries serve. Boundaries follow state lines or regional sub-divisions.
Circuit Courts of Appeals
12 regional appellate courts (plus a Federal Circuit) that review District Court rulings to ensure correct legal application
State Court system hierarchy
Cases generally move from local Circuit Courts (trial courts) up to Appellate Courts, and finally to the State Supreme Court