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Legal Aspects of HIM
Stack #33292
| Question | Answer |
|---|---|
| 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
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