3 branches of government/Sources of Law
legislative
executive
judicial
Legislative
-those responsibilities not governed by the federal government are duties of the state
-write, debate and pass bills
Executive
-Governor is the head of the state
-executive orders become law without approval of Congress
primary duty of Congress:
-write, debate and pass bills, which are then passed on to the president for approval
-making laws controlling trade between states and between the United States and other countries
-making laws about taxes and borrowing money
-approving the printing of m
Functions of House of Representatives include:
-introduce legislation that compels people to pay taxes
-decide if a government official should be put on trial before the Senate if he or she commits a crime against the country
Functions of the Senate include:
-approve and disapprove any treaties the president makes
-approve of disapprove any people the president recommends for jobs, such as cabinet officers, Supreme Court justices and ambassadors
-hold an impeachment trial for a government official who commits
executive orders
a rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress
checks and balances
the system established by the U.S. constitution that keeps any one branch of government from assuming too much power over the other branches
4 types of state law
1) Constitutional Law - law that derives from federal and state constitutions
2) Case Law - law established through common law and legal precedent
3) Statutory Law - law passed by the U.S. Congress or state legislatures
4) Administrative Law - Enabling st
Judicial
-interprets and oversees laws
National Government
-print money
-regulate interstate (between states) and international trade
-makes treaties and conduct foreign policy
-declare war
-provide an army and navy
-establish post offices
-make laws necessary and proper to carry out the above powers
State Governments
-issue licenses
-regulate intrastate (within the state) businesses
-conduct elections
-establish local governments
-ratify amendments to the Constitution
-take measures for public health and safety
-may exert powers the constitution doesn't delegate to th
Other Types of Law
Constitutional
-derives from federal and state constitutions
Case
-established from common law and legal precedent
Common
-Body of unwritten law formed in England
Substantive law
the statutory or written law that defines and regulates legal rights and obligations
Procedural law
law that defines the rules used to enforce substantive law
Criminal law
law that involves crimes against the state
felony
an offense punishable by death or by imprisonment in a state or federal prison for more than one year
misdemeanor
a crime punishable by fine or by imprisonment in a facility other than a prison for less than one year
civil law
-law that involves wrongful acts against persons
-people can sue another person, a business, or the government
tort liability
-a civil wrong committed against a person or property, excluding breach of contract
-must involve injury, damage to property, or deprivation of civil liberties
-may be intentional or unintentional
Intentional torts
when one person intentionally harms another
tortfeasor
the person guilty of committing a tort
EX's of intentional tort
Assault - open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm"
Battery -an action that causes bodily harm to another without permission
Defamation of character - involves damaging
Unintentional Torts
acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences
negligence
- an unintentional tort
- charged when a health care practitioner fails to exercise ordinary care and a patient is injured
- can also be charged to an institution
Trespass
wrongful injury to or interfere with the property of another
nuisance
anything that interferes with the enjoyment of life or property
interference with contractual relations
intentionally causing one person not to enter into or to break a contract with another
deceit
false statement or deceptive practice done with intent to injure another
conversion
unauthorized taking or borrowing of personal property of another for the use of the taker
Misuse of legal procedure
bringing legal action with malice and without probable cause
infliction of emotional distress
intentionally or recklessly causing emotional or mental suffering to another
jurisdiction
the power of a court to hear and decide a case before it
plaintiff
the person brining charges in a lawsuit
prosecution
the government as plaintiff in a criminal case
defendant
the person or party against whom charges are brought in a criminal or civil lawsuit
judges
elected or appointed to preside over the court and in most states must be licensed attorneys
attorneys
represent plaintiffs and defendants, presenting evidence so that the jury or the judge can reach a verdict
court clerks
keep court records and seals, enter court orders, and judgments into the record and keep the papers of the court
Bailiffs
keep order in the courtroom and may remove disruptive persons from the court at the judge's request
Court reporters
make a running account of all court proceedings, using a stenotype machine that types shorthand symbols onto a tape
juries
most often selected from lists of registered voters. 6 or 12 jurors are chosen to hear the evidence presented in court and render a verdict
contract
a voluntary agreement between two parties in which specific promises are made for a consideration
Agreement
One party makes an offer and another party accepts it. Certain conditions pertain to offer:
- it can relate to the present or the future
- it must be communicated
- it must be made in good faith and not under duress or as a joke
-it must be clear enough t
void
without legal force or effect
breach of contract
failure of either party to comply with the terms of a legally valid contract
mentally incompetent
unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract
voidable
able to be set aside or to be revalidated at a later date
minor
-anyone under the age of majority
-18 years in most states
-21 years in some jurisdictions
Contract
(4 elements to be legally binding)
-agreement: one party makes an offer and another party accepts it
-consideration : something of value is bargained for as part of the agreement
-legal subject matter : contracts are not valid and enforceable in court unless they are for legal services or
Expressed Contracts
a written or oral agreement in which all terms are explicitly stated
-Termination of contracts
-Laws governing payment of fees at fulfillment of contracts
statute of frauds
-derived from Statute for the Prevention of Frauds and Perjuries formulated in England in 1677
-state legislation governing written contracts
Termination of contracts
the contract between a physician and a patient is usually terminated when all treatment has been completed and the bill has been paid
EX's:
Failure to pay for services - physician may stop treatment of a patient and end the physician-patient relationship
third-party payer contract
a written agreement signed by a party other than the patient who promises to pay the patient's bill
Regulation Z - Truth-in-Lending Act
(4 conditions)
-credit is offered to consumers
-credit is offered on a regular basis
-the credit is subject to a finance charge (interest) or must be paid in more than 4 installments according to a written agreement
-the credit is primarily for personal, family or house
Fair Debt Collection Practices Act
(FDCPA)
-a federal statute prohibiting certain unfair and illegal practices by debt collectors and creditors
-prohibits certain methods of debt collection, including harrassment, misrepresentation, threats, disseminating false information about the debtor
Implied Contracts
unwritten or unspoken agreement whose terms result from the actions of the parties involved
Evidence of Medical Malpractice
-expert testimony
-existing federal and state laws
-hospital bylaws
-custom and community practice
-accreditation standards
Court System
Federal courts
-jurisdiction: power to hear a case
State courts
-local, trial, appellate, supreme court
Players in the court scene
Plaintiff
-person bringing charges
Prosecution
-government as plaintiff in criminal case
Defendant
-party against whom charges are brought
Managed care plan contract
(3rd element)
physicians still have contracts with their patients, but they may also have contracted with managed care programs to deliver medical services
Contractual Rights of Physicians
-make reasonable limitations on physician/patient relationship
-set up a practice based on credentials
-set up an office and determine hours
-specialize
-decide what services will be provided and how they will be provided
Patient Care Partnership/rights
-considerate and respectful care
-information on diagnosis and treatment
-information to give informed consent
-right to refuse treatment
-confidentiality
-continuity of care
-knowledge of hospital rules
Implied Duties of Patient
-follow physician instructions and cooperate as well as able
-give all relevant information to the physician to form diagnosis
-follow physician orders for treatment
-pay fees for services rendered
Law of Agency
-law governing relationship between principle and agent
-may be expressed or implied
1) agent: one who acts for another
2) respondeat superior: physician is
responsible for acts of employee