Healthcare & The Law Chapter 5

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What is stare decisis?

"Let the decision stand" - Implies rules and principles of one lawsuit to another - Future lawsuits are resolved using rules/principles from previous similar cases

What is res judicata?

"The thing is decided" - a matter that has been decided and closed by a competent court and may not be pursued further by the same parties

What are the branches of government (organization)?

(1) Legislative Branch (2) Judicial Branch (3) Executive Branch

What are the two basic types of private law?

(1) Tort Action (2) Contract Action

What are the four developments of law?

(1) Tradition (2) Culture (3) Custom (4) Beliefs

Federal Court System

(1) Trial District Court (2) If you want to appeal... Circuit Court (3) Supreme Court

What does the supreme court consist of?

- 8 associated justices - 1 chief justice

What does the executive branch do?

- Administers and enforces the law - Cabinet advises the President

HHS Divisions and Agencies

- Centers for Medicare & Medicaid - Public Health Service - National Institutes of Health - CDC - FDA - Substance Abuse and Mental Health Services Admin - Health Resources and Services Admin (HRSA) - Agency for Healthcare Research and Quality - Agency for Toxic Substances and Disease Registry - Indian Health Service

What does the legislative branch of the government do?

- Enacts laws - Amends or repeals existing legislation - Creates new legislation

What are the rights of citizens?

- Freedom of Religion - Right to keep and bear arms - Freedom of speech

What is statutory law?

- Institute by the feds or the state - Written Law

What is the supreme court?

- Nation's highest court

What are the three common law principles?

- Precedent - Res judicata - Stare decisis

What is administrative law?

- Regulations are subject to judicial review - Rules & regulations administered within intent of law

What does the judicial branch do?

- Resolves legal disputes - Supreme court

What is common law?

- Responds to issues beyond the written law (and the written law) - Common law principles prevail unless a statute governs - Evolved and expanded from judicial decisions that arise through the trial of court cases

What is the responsibility of health and human services (HHS)?

- Responsible for carrying out national health and human services policy

What is separation of powers?

- System of checks and balances

When was health and human services founded?

1980

What is contract action?

A claim by one party that another party has breached an agreement by failing to fulfill an obligation

What are laws?

A system of principles and processes where a society is able to resolve their problems and fights without force General rules of conduct enforced by government

What is administrative law prescribed by?

Administrative agencies

Who issues public law?

Administrative agencies

Who adopted English Common Law?

After the Revolution, every state did except Louisiana - Louisiana is based on French and Spanish Laws (Napoleonic Codes)

What is the bill of rights?

Amendments to the US constitution that were added to protect rights of citizens

What level is the health and human services?

Cabinet level

What are the three sources of law?

Common Law Statutory Law Administrative Law

Does common law remain the same or differ from state to state?

Differs

Written Law

Emanates from legislative bodies

What is the origin of common law?

English Common Law

National Institutes of Health

Get money Research public health problems or diseases

What is an example of when common law principles will not prevail?

If a statute governs - Cases are tried applying common law unless....

Food and Drug Administration (FDA)

In charge of: - food entering the country - food - drugs (approval, vaccines, testing)

Why is separation of powers important?

It ensures that no one branch of government can dominate over the other two

Where is common law derived from?

Judicial decisions

What is common law derived from?

Judicial decisions - "Reason and justice for all"

Does judicial decisions in one state set precedent for another?

No

What is tort action?

One party says that the wrong doing of another party has caused harm and that the injured party wants compensation for the harm they suffered

Why do laws change?

Political Climate Social Change Religious beliefs Values change

Administrative Procedures Act

Procedures under which deferral agencies Act

What type of law is criminal law?

Public law

What are the two categories of law?

Public law Private Law

What is private law?

Relationships between individuals

What is public law?

Relationships between individuals and government - regulations designed to advance societal objectives

What do laws govern over?

Relationships between private individuals and organizations and between both of these parties and government

Who advises the President and what branch of government is it?

The Cabinet - the executive branch

Who interprets how various statues apply to each set of facts in statutory law?

The Courts

What does statutory law emanate from?

The federal and state legislatures

What is Health and Human Services?

The main source regulations affecting the health care industry

Who has executive power (in the executive branch)?

The president

What is the main goal of public law?

To attain what society deems to be valid public goals

Why is public law issued?

To direct enacted laws

What is the main goal of private law?

To recognize and enforce the rights and duties of private individuals and organizations

Why are common law actions usually initiated?

To recovery money damages and/or possession of real or personal property

Development of Law

Tradition Culture Customs Beliefs

What is highest in the hierarchy of enacted law?

US Constitution

Cabinet

Veto legislation Appoint heads to committees Appoint judicial officers Commander in Chief of the military

Department of Health and Education Welfare

What was in charge of health prior to the health and human services

Are regulations under administrative law subject to judicial review?

Yes

Can statutory law be declared void by a court?

Yes - If it does not comply with state or federal constitution - If it is vague or ambiguous

A principle established in one state...

does not set precedent for another state

If a higher state court has created a common law principle, the lower courts within the state...

must follow that decision

Trial courts or those on equal footing are...

not bound by the decisions of other trial courts


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