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
