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Legal Aspects of HIM

Stack #33292

statutes laws
constitution set of principals to govern a nation
sources of law statutes,constitution,administrative regulations, and judicial decisions
procedural law the steps through a trial
substantive law defines specific offenses
examples of substantive law felonies, misdemeanors
2 categories of criminal law substantive, procedural
quasi-legal requirements ethical standards
example of quasi-legal requirements policy and procedures, medical staff by-laws
House of Reps based on pop. of state, 2 yr. term
senate 2 from each state, 6 yr term
subpoena duces tecum formal request to produce a record
highest appellate court in US US Supreme Court
Legislative branch create laws
Execute branch enforces and administers the law
res judicata the matter is decided; cannot be re-tried
stare decisis following precedent
common law aka? case or judicial law
what is common law? law found in the decision of the courts
CSR Code of State Regulations
CFR Code of Federal Regulations
Example of Administrative Agencies? FDA, IRS, NLRB, CMS
Main elements of contract law betw. at least 2 people; parties must agree
breach of contract failure to meet the obligation betw . 2 parties
Mordecai v. BC/BS of Alabama Breach of contract
Prevost v. Coffee County Hospital Authority Breach of contract
private law regulates conflicts betw. private parties
2 areas of public law? criminal, constitutional
criminal law regulates conduct injurious to public order
3 types of private law? contract, tort, intellectual property
public law regulates conflicts betw. private parties and gov't. or betw. agencies of the gov't
what is a tort? a wrong resulting in an injury to a person or property of another
intellectual property? deals w/ patents and copyrights
John Roe v. Jane Doe tort law
examples of a tort? medical malpractice, invasion of privacy
respondeat superior let the master respond
what authority does an appellate court have? authority to review the judgement of a lower court
What does an appellate court do? determines if the proper law was followed; affirms, modifies, or reduces verdict
trial court initially hears a case and passes judgement
state courts aka? state supreme court, supreme judicial court, court of appeals
what kind of jurisdiction do trial courts have? general
what functions does the judge have in trial court? decide the question of law, renders a judgement
what functions does the jury have in trial court? decides questions of fact, renders a verdict
which court has both original and appellate jurisdiction? US supreme court
personal jurisdiction? authority over the parties involved
subject matter jurisdiction? authority over the question at issue
what are trial courts called in the federal system? district courts
what court may later review the judgement of a case? appellate
statutory law laws enacted by a legislature
types of cases that go before a federal court? postal and banking laws, bankruptcy proceedings
NLRB? National Labor Relations Board
what determines who has jurisdiction? where it took place, where the parties live
define jurisdiction the right of a court ot adjudicate a particular case
judicial branch interprets and applies the law
Created by: mjb