Ethics Chapter 5

Precedent

A judicial decision that can be used as a standard in subsequent similar cases. A precedent is set when a court decision is rendered that serves as a rule for future guidance when deciding similar cases.

Joseph Story

An 1829 US Supreme Court decision wrote: "The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles and claimed it as their birthright. But they brought with them and adopted only that portion which was applicable to their situation

Administrative Procedures Act

Describes different procedures under which federal administrative agencies must operate. Prescribes the procedural responsibilities and authority of administrative agencies and provides for legal remedies for those wronged by agency actions. The regulatory power exercised by administrative agencies includes power to license, power of rate setting (Centers for Medicare and Medicaid Services), and power over business practices (National Labor Relations Board) The rules and regulations established by an agency must be administered within the scope of the authority delegated to the agency by Congress. Agency regulations and decisions can be subject to judicial review

After the Revolution

Each state, with the exception of Louisiana, adopted all or part of the existing English common law. Laws were added as needed. Louisiana civil law is based to great extent on the French and Spanish laws and especially on the Napoleonic Code. As a result, there is no national system of common law in the United States and common law on specific subjects may differ from state to state.

Res Judicata

In common law, it means "the thing is decided" Refers to that which has been previously acted on or decided by the courts. According to Black's Law Dictionary, it is a rule where "a final judgement rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and as to them, constitutes an absolute bar to subsequent action involving the same claim, demand or course of action.

Substance Abuse and Mental Health Services Administration

Mission is to reduce the impact of substance abuse and mental illness on America's communities

Indian Health Service

Provides a comprehensive health service delivery system for approximately 2 million American Indians and Alaska Natives who belong to 566 federally recognized tribes in 35 states.

Agency for Healthcare Research and Quality

Provides evidence based information on health care outcomes, quality, cost, use and access. Information from their research helps people make more informed decisions and improve the quality of health care services.

Separation of Powers

Provides that no one branch of government is clearly dominant over the others, however, in the exercise of its functions, each may affect and limit the activities, functions and powers of the others. System of checks and balances is illustrated in the relationships among the branches of government in regard to legislation.

Centers for Disease Control and Prevention

Recognized as the lead federal agency for protecting the health and safety of people at home and abroad, providing credible information to enhance health decisions, and promoting health. Serves as the national focus for developing and applying disease prevention and control, environmental health and health promotion and education activities

Common Law

Refers to the body of principles that have evolved and expanded from judicial decisions. Many of the legal principles and rules applied today by courts in the United States have their origins in English common law. Common law has its roots in "reason and justice" for all

Food and Drug Administration

Supervises and controls the introduction of drugs, foods, cosmetics and medical devices into the marketplace and protects society from impure and hazardous items. Although the intention of the FDA is to do good, ethical conflicts can arise and be detrimental to the good intent of the agency.

John Dickinson

The common law of England is generally received...but our courts exercise a sovereign authority, in determining what parts of the common and statute law ought to be extended: For it must be admitted, that the difference of circumstances necessarily requires us, in some cases to reject the determination of both...some of the English rules are adopted, others rejected.

Bill of Rights

The conventions of a number of states, at the time of adopting the US Constitution, expressed a desire to prevent abuse of its powers. As a result, Congress ratified the first 10 amendments to the Constitution, collectively known as the Bill of Rights. It was added to protect the rights of citizens. Include the rights to privacy, equal protection and freedom of speech and religion

Health Resources and Services Administration (HRSA)

The primary federal agency for improving access to health care services for people who are uninsured, isolated or medically vulnerable. Its mission is to improve health and achieve health equity through access to quality services, as skilled health workforce and innovative programs. Takes a comprehensive approach to addressing HIV/AIDS with activities taking place across multiple bureaus and offices designed to deliver care to people living with HIV or AIDS, expand and strengthen the HIV care workforce and improve access to an the quality of HIV care and treatment

Statutory Law

Written law emanating from federal and state legislative bodies. Although a statute can abolish any rule of common law, it can do so only by stating it in express words. States and local jurisdictions can enact and enforce only laws that do not conflict with federal law. Statutory laws may be declared void by a court - Could be found unconstitutional because it does not comply with a state or federal constitution - It is vague or ambiguous or in the case of a state law, because it is in conflict with a federal law In many cases involving statutory law, the court is called on to interpret how a statute applies to a given set of facts.

Stare Decisis

Provides that when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving an identical or substantially similar situation is to be resolved in the same manner as the first lawsuit. The resolution of future lawsuits is arrived at by applying the rules and principles of preceding cases. In this manner, courts arrive at comparable rulings. Sometimes, slight factual differences may provide a basis for recognizing distinctions between the precedent and the current case. In some cases, even when such differences are absent, a court may conclude that a particular common-law rule is no longer in accord with the needs of society and may depart from precedent. It should be understood that principles of law are subject to change, whether they originate in statutory or in common law. Common law principles may be modified, overturned, abrogated or created by new court decisions in a continuing process of growth and development to reflect changes in social attitudes, public needs, judicial prejudices, or contemporary political thinking.

Sources of Law

The basic sources of law are common law, which is derived from judicial decisions; statutory law, which emanates from the federal and state legislatures; and administrative law, prescribed by administrative agencies. In those instances in which written laws are either silent, vague or contradictory to other laws, the judicial system is often called on to resolve those disputes until such time as appropriate legislative action can be taken to clear up a particular issue

Administrative Law

The extensive body of public law issued by administrative agencies to direct the enacted laws of the federal and state governments. It is the branch of law that controls the administrative operations of government. Congress and state legislative bodies realistically cannot oversee their many laws; therefore, they delegate implementation and administration of the law to an appropriate administrative agency. Health care organizations in particular are inundated with a proliferation of administrative rules and regulations affecting every aspect of their operations.

National Institutes of Health

The principal federal biomedical research agency. It is responsible for conducting, supporting and promoting biomedical research.

Constitution of the US

The principles and rules of statutory law are set in hierarchical order. The constitution of the US is the highest in the hierarchy of enacted law

England vs US

The size of the country and the abundance of its natural resources made impossible the importation of the common law exactly as it had been developed in England. Measured by English standards, America had superabundant land, timber, and mineral wealth. American law had to serve the primary need of the new society to master the vast land areas of the American continent. The decisive facts upon which the law had to be based were the seemingly limitless expanses of land and the wealth and variety of natural resources

Agency for Toxic Substances and Disease Registry

Their mission is to prevent or mitigate harmful exposures and related disease by applying science, taking responsive action and providing trustworthy health information