PHLT 412 ch 3

What are some properties of state constitutions that are different than the US Constitution?

-cannot limit or take away rights conferred by the US Constitution -easier to amend and it happens more frequently

What are the primary sources of law?

-constitutions -statutes -regulations -common law/case law

What are the different interpretations of the constitutions?

-living -moral -originalism -strict

What powers do states have on public health issues?

-marriages, divorces, and adoptions -schooling -driving -medical -licenses

What is the role of courts?

-protect and enforce individual legal rights -determine whether the political branches of government have violated the Constitution -maintain stability in the law through the application of legal precedent

What are the aspects of law?

-sources of law -language of the law -division of legal authority -others

What roles does the federal government have in regulating healthcare and pubic health?

-taxation -spending -interstate commerce

Which amendment prohibits states from depriving any person of life, liberty, or property without due process of law and includes a due process clause that is subject of the most-well-known interpretational controversy in the area of health?

14th amendment

Which of the following is a charter that establishes a government and outlines fundamental rights and obligations of that government and its individuals?

constitutions

Constitutional standards of review

determines whether a statute violates the Constitution

Separation of Powers

divides governmental powers and responsibilities among separate, co-equal branches

Common law

essay-like opinions written by appellate courts to interpret and apply law to specific cases

The US Constitution explicitly defines that protection and promotion of the public's health as a power of the federal government (T/F)

false

Statutes

laws written by legislative bodies at all levels of government (federal, state, county, city) that, generally speaking, command or prohibit something

What is common law heavily influenced by?

legal precedent and stare decisis

A _____ denotes a power or privilege that has been guaranteed to an individual by law

legal right

What are the lower-level and higher-level courts called?

lower = trial court, higher = appellate court

Legal right

power or privilege that has been guaranteed to an individual under the law

Which of the following requires that laws be enacted and applied fairly and equitably, including procedural fairness when individuals challenge government infringements on their life, liberty, or property?

procedural due process

Due process

protects individuals from arbitrary and unfair treatment at the hands of the government

Why do we need law?

regulation; it functions as the main tool with which we organize as an advanced, democratic society

Which legal doctrine is considered one of the most important aspects of federal and state constitutions?

separation of powers

Who has greater ability to use statutes, state legislatures or Congress?

state legislatures

Which primary source of law is written as a broad policy statement and often needs to be interpreted by courts?

statutes

_____ are laws written by legislative bodies at all levels of government that, generally, act to command or prohibit

statutes

Federalism

the division of authority between the federal government and the governments of the various states

Judicial review

the power of the courts to declare laws unconstitutional and to determine whether the actions of the legislative and executive branches of government are lawful

What is the study of law?

the study of human beings, particularly their evolving customs, beliefs, and value system

Administrative law is critically important in the legal area of health policy (T/F)

true

Some constitutions of US states go further than federal law in conferring rights or extending protections (T/F)

true

Regulations

written to assist with the implementation of statutory directives and to promote their underlying policy goals

Law

a body of rules of action or conduct prescribed by controlling authority, and having binding legal force

Constitution

a charter that both establishes a government and delineates fundamental rights and obligations of that government and of individuals who fall within the territory covered by the constitution

_____ refers to the legal process of resolving disputes

adjudication

Who creates regulations?

administrative agencies of the executive branch of government