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legal concepts & jud
Legal & Ethical Issues in Nursing chap 2
| Question | Answer |
|---|---|
| Constitutional law | System of fundamental laws or principles for the governance of a nation, society, corporation, or other aggregate of individuals |
| Article III | of the U.S. Constitution establishes the role and duties of the Supreme Court and judicial branch |
| Bill of Rights | places limitations on the federal government |
| Statutory Law | Laws made by the legislative branch of government |
| Administrative Law | Rules and decisions of administrative agencies to enforce statutory laws |
| Attorney General’s Opinion | Type of administrative law, Gives an opinion on a specific interpretation of a law |
| Legal Doctrines | Derived from the U. S. Constitution, Guide courts in their decision-making role |
| Common Law | Derived from principles rather than rules and regulations |
| Private Law | Synonymous with civil or common law |
| Substantive Law | Defines the substance of the law |
| Procedural Law | Governs the procedure or rules to create, implement, or enforce substantive law |
| Due Process of Law | Applies to state actions and not to actions of private citizens |
| Equal Protection of the Law | Guarantees that all similarly situated persons will be affected similarly |
| Subject matter (res jurisdiction) | Court’s competency in the subject |
| Personal jurisdiction (personam jurisdiction) | Power of a given court regarding a particular person |
| Territorial jurisdiction | Ability to bind the parties to action, Determines the scope of federal and state court power as outlined in the U.S. Constitution’s Fourteenth Amendment |
| Trial Court | First court to hear legal disputes, Function with or without a jury under the guidance of a judge |
| State Appellate Courts | Courts of intermediate appeal, Base their decisions on evidence as presented in a record of the trial hearing, May concur or reverse the decision |
| State Supreme Courts | The ultimate court of appeal, Hears appeals from the intermediate appellate courts, Final authority for state issues unless a federal issue or constitutional right is involved |
| District courts | Mimics state court systems |
| Courts of Appeal | Intermediary courts of appeal, Circuit courts (13 areas of the country) |
| Supreme Court | Highest level of federal court, Decisions are binding in all state and federal courts, Nine-justice court hears appeals from the U.S. courts of appeal from the various state supreme courts |
| Statutes of Limitations | Procedural law time frames, Time intervals during which a case must be filed, Usually 1-2 years for personal injury lawsuit, Time starts when the injured party discovers the injury |
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