Chapter 4 Law, The Courts and Contracts

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