Healthcare & The Law Chapter 5
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
