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What are the three branches of government?
Legislative, Executive, Judicial
Who is in the Legislative branch?
House of Representatives and Senate
What does the Legislative branch do?
Develops statutory law
What statutory law did the legislative branch create?
Medicare and Medicaid amendments to the Social Security Act of 1965
Who is in the executive branch?
President or Governor
What does the executive branch do?
Proposes legislative action
Vetoes or approves laws
Enforces laws
What do Agencies do?
develop administrative law
Examples of what Agencies develop?
Occupational Safety and Health Administration (OSHA),
Department of Public Health (DPH)
What if the Boards of medical examiners purpose?
to enforce rules and regulations that affect medical practice
what does the Judicial system do?
Develops and interprets statutory law
common law, or case law
Comes from judicial branch
Develops from decisions made in courts
Previous decisions are considered precedent and binding on all lower courts
What is the Supreme law of the land?
U.S. Constitution and Bill of Rights
What establishes shared powers between federal and state governments?
U.S. Constitution and Bill of Rights*
Legislature can do what in check and balance?
override veto
declare law unconstitutional
Executive branch can do what in check and balance?
legislative action
veto, appoint, or nominate individuals to certain courts
Courts can do what in check and balance?
interpret laws and can declare laws
What Is the Law?
Collection of statutes, rules, and regulations
Meant to provide order in negotiating conflicts
Resolves disputes without violence
What is International laws?
laws that are agreed on by a group of nations through treaties and resolutions.
What is Medical ethics?
judgment healthcare providers use to determine what should or should not be done
What does medical law involve?
the responsibilities of healthcare provider and rights of the patient
Law is constantly evolving and growing to meet the?
changes, challenges, and constant shifts of our society
ex.Laws covering same-sex marriage
laws concerning driving while texting
What are the 4 primary source of Law?
Constitutional
Statutory
Administrative
Common (or case) law
What is a Constitutional Law?
It specifically addresses the relationship between individuals and the government
Federal Constitution takes precedence over?
State constitutions
Statutory Laws is written by
Federal or State legislature
Local laws are called
ordinances
What is Administrative Law?
Rules and law made, adjudicated, prosecuted, and enforced by administrative agencies
What is Common law?
Develops from precedents: decisions previously made in courts
State courts make decisions regarding ____ and ____ cases
civil, criminal
common law is adopted by all states, except?
Louisiana
What is Civil Code?
Written set of rules and regulations
Created by legislature
adopted by Louisiana
What are the types of law called?
Criminal and civil wrong
Criminal wrong violates
criminal statutes
tort is also known as
civil wrong
Civil wrong causes harm to a
person or person’s property
Criminal Law occurs do to
Violations against society based on criminal statutes or code
Misdemeanors are
lesser crimes
Felonies are
serious crimes punishable by large fines and/or imprisonment
May be grounds for revoking a license in healthcare
Assault and battery are consider
Felonies
A healthcare provider may be prosecuted criminally for practicing without a
license, falsifying information in obtaining a license, or failing to provide life support for a patient
A patient who is treated without consent may file charges against the provider for
assault and battery
Civil Law consist of
contract issues, intentional tort, negligence, malpractice, labor, and privacy
Remedies are almost always monetary
Most healthcare civil cases are for
negligence or malpractice
Torts definition?
Private, civil, or constitutional wrong or injury
Torts consist of
Negligence & Malpractice
Duty, dereliction of duty, direct cause, harm/damages is related to?
Negligence
Malpractice is?
Type of negligence
Requires proof of breach of standard of care
Standard of care is?
type and level of care an ordinary, prudent, health care professional would provide.
The Court System consists of?
Trial courts
Appellate (appeals) courts
State supreme court
Most medical malpractice suits are tried to?
state courts
Medical malpractice, elder abuse, negligence, and major crimes is heard by?
State Trial Courts
In personam means?
court has jurisdiction (control) over the person
In rem means?
court has jurisdiction (control) over the property or thing itself
What is statute of limitations?
Defense against a tort action;
requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed.
In a state trial cas, responsibility rests on the ___to prove their case
plaintiff
res ipsa loquitur means?
the thing speaks for itself.
Clear evidence of negligence, plaintiff does not to be repsonsible for proving their case.
Who is the Plaintiff?
person or entity who brings the suit
Who is the Defendant?
person or entity who is sued and defending against allegations
Pretrial discovery consist of discovery process that inolves?
Interrogatories
Requests for production of documents
Admissions of fact
Discovery Process meaning?
gathering information in preparation for trial.
You can only appeal a case to the Courts of Appeal if?
it raises an issue of law not facts
State Supreme Courts is the?
Top court of the state
Does not act on most cases
Parties have no recourse for further review
Ruling by the U.S. Supreme Court is binding on?
all state courts
What does Writ of certiorari do?
Order a higher court issues to review the decision and proceedings in a lower court and determine whether there were any irregularities.
Cases concerning federal, Constitutional law are filed and tried in?
federal district court
In the federal court system, if a case that has been decided in a district court undergoes appeal, the appeal is next decided in the?
regional circuit court of appeals.
One of the four elements of negligence is
A. dereliction of duty.
B. deliberate act.
C. the defendant.
D. executive branch.
A. dereliction of duty.
The statute of limitations refers to
A. the amount of time it takes to go to trial.
B. the amount of time someone has to file a lawsuit.
C. the sentencing given in a lawsuit.
D. All of the above
B. the amount of time someone has to file a lawsuit.
The civil cases seen in courts are suits that involve
A. criminal acts.
B. relationships.
C. employer-related cases.
D. real estate only.
B. relationships.
The term ________ means that a specific legal issue was settled in another similar case, setting a precedent.
A. res ipsa loquitur
B. malpractice
C. tort
D. stare decisis
D. stare decisis
In rem jurisdiction means the court has jurisdiction over
A. civil law cases.
B. malpractice cases.
C. property.
D. appeals only.
C. property.