Federal Government
Legislative - Congress
Executive - President
Judicial - Supreme Court
State Legislation
Legislative - Those responsibilities not governed by the federal government are duties of the state
Executive - Governor is the head of the state
Judicial Branch - court system
Constitutional Law
Federal & State Constitutions
Case Law
Common law and legal precedence
Common Law
unwritten law format
Four Types of Law
Constitutional Law
Case Law
Statutory
Administrative
Classifications of Law
Substantive
Procedural
Criminal
Civil
Substantive Law
Defines and regulates legal rights and obligations
Procedural Law
Enforce Substantive Law - Miranda rights
Criminal Law
Crimes against state
Civil Law
Wrongful acts against persons
Types of Criminal Law
Felony
Misdemeanor
Felony
Punishable by death or by imprisonment in a state or federal prison for more than one year
Misdemeanor
Punishable by fine or by imprisonment in a facility other than a prison for less than one year
Tort Liability
Tort
Tortfeasor
Tort
A civil wrong committed against a person or property, excluding breach of contract
Tortfeasor
The person guilty of committing tort
Unintentional Torts
Acts that are not intended to cause harm but are committed unreasonably or with disregard for the consequences
Negligence
An unintentional tort
Two types of constitutions in the order in which they must be observed
Federal constitution
State constitution
Which branch has exclusive authority to declare war on another country?
Legislative
Which chamber of U.S. Congress has exclusive authority to hold an impeachment trail?
Senate
Administrative Law
Define power & procedure when an agency is created
Written law that says murder is a crime
Substantive Law
Law that says a law enforcement officer must read a prisoner his or her rights is an example of which type of law?
Procedural Law
The laws that determine the rules for one person's suing of another are broadly classified as
Civil Laws
Involves crimes against the state
Criminal Law
Law that involves wrongful acts against persons
Civil law
Two types of of law are most likely to affect health care providers
Intentional Tort
Unintentional Tort
Under criminal law, practicing medicine without a license is classified as a
Felony
Which type of law does not involve crimes, but may involve one person suing another?
Civil or Tort
Court judgements in lawsuits against healthcare practitioners most often include what as a penalty?
Payments of money
The highest tier of federal courts consists of
US Supreme Court
Torts are wrongs committed against
a person or property
Two broad types of torts include
Intentional tort
Unintentional tort
Type of tort most likely to concern health care practitioners is
Unintentional tort
Four elements must be present in a contract
Agreement
Consideration
Legal subject matter
Contractual capacity
Players in a Court Scene
Plaintiff
Prosecution
Defendant
Plaintiff
Person bringing charges - the complainer
Prosecution
Government as a plaintiff in criminal case
Defendant
Party against whom charges are brought
Contract
voluntary agreement between two parties in which specific promises are made for consideration
Expressed Contract
Doctor & Patient
written or oral agreement in which all terms are explicitly stated
Implied Contract
Handshake
Unwritten unspoken agreement whose terms result form the actions of the parties involved
Public Law
-the rights and responsibilities of the government to its citizens
-the citizens to its government
Criminal
Constitutional
Administrative
International
Private Law
governs certain activities between and among private citizens
Property
Inheritance
Family
Contract
Tort
Corporation