Define the following 25 legal terms: 1.HIPAA Privacy Rule _Federal regulations created to implement the privacy requirements within the administrative simplification subtitle of HIPPA of 1996 and safeguard identifiable health information. ________________________ 2.HIPAA Security Rule _Federal regulations created to implement the security requirements within the administrative simplification subtitle of the HIPPA 1996 ________________________ 3.Medical malpractice __A type of action in which the plaintiff must demonstrate that a physician-patient, nurse-patient, therapist-patient, or other healthcare provider-patient relationship existed at the time of the alleged wrongful act.…
J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…
This case is a good example of Stare Decisis because the Trial Court granted defendant’s motion to dismiss the plaintiff’s petition because of lack of recognizable cause of action, citing Drobner v. Peters as its precedent which was decided 30 years ago. “Stare Decisis” is a legal doctrine that obligates the courts to follow a precedent or historical case for making a ruling on a similar current or future case. Unless overruled by the same court or a higher court such as US Supreme Court, Stare Decisis ensures that when presented with cases with identical facts, a precedent needs to be considered to make a ruling. However, the New York Court Of Appeals overruled its Drobner’s precedent alleging that plaintiff’s complaint did establish the cause of action. Due to this, Woods v. Lancet became a new precedent for all cases presenting similar issues that followed.…
doctrine of stare decisis loses its practical significance. Stare decisis should never be “a mechanical formula of adherence to the latest decision,” but rather a guide when circumstances have not warranted a change. In a Quill concurring opinion, Justices Antonin Scalia, Anthony Kennedy, and Clarence Thomas stated that while they supported the conclusion to overrule the due process conclusion of National Bellas Hess, they would reaffirm the Commerce Clause aspect of the physical presence test solely because of stare decisis.…
There have been many influences on Canadian law including Hammurabi, Mosaic, and Roman. Britain has had the most influence on Canadian law. Although there have been many influences on Canada 's legal system, Britain has had the most impact for reasons such as Trial by Combat and Ordeal, Common Law, Rule of Law and the British North American Act of 1867. The impact that the Hammurabi laws have had on Canada 's legal system today is that the laws are known, along with the hierarchy of laws.…
Discuss the dual court system in the United States, and the structure of the federal court system, and your home state court system. The structure of the American court system has been viewed as complex and confusing as federal and state courts differ in jurisdiction, and types of cases that can be handled at the many different levels. The Supreme Court is the ultimate decision maker in cases that has been appealed regarding decisions made at the lower level of federal and state Supreme Courts. The dual court system operates within the boundaries of the state and federal court systems.…
Though, another may believe in the more liberal concept that perfection includes the inclusion of flaws, which can become quite convincing. In saying so, there is no one policy or law that should be narrowly subjected to the entirety of all judicial court cases. There is a need for some degree of flexibility in accordance to each individual court case, for no two cases are equal and just as no two persons are exactly alike, not even identical twins. A middle ground regarding the differing sides of the abolishment of peremptory challenges may be to keep the component a part of the judicial process with the requirement of impartial reasoning for dismissal of potential jurors. If not for the dismissal for cause, there can be an honorable third party’s involvement in jury selection instead of the prosecutors or defense lawyers of the specific case doing so themselves.…
Precedent, the ability to use past rulings would be used sparingly because of the inconsistency created by the new law of the judges (Bhagwat). II. LIFE TENURE & JUDICIAL INDEPENDENCY Article III Section 1 establishes the Supreme Court and sets the terms of judges, of which both the higher and lower courts are given the opportunity to serve as long as they are on…
People make decisions on the basis of circumstantial evidence in the everyday affairs of life. Nonetheless, the sources that stated the court…
Duel Justice Watkins, Robert GCU Duel Justice The United States of America utilizes a duel court system in its judicial system. The two courts systems are federal and state. Courts that exist at the state or local level are established by the individual state, and exist “within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts.” Courts that exist at the Federal level have been established under the United States Constitution and rule on disputes concerning the Constitution and laws that are passed by Congress.…
How the Supreme Court Works Not all cases presented to the Supreme Court are heard by the court. Most cases to the Supreme Court are writ of certiorari petitions from losing parties and the court review the most significant cases. Most decisions by the Supreme Court are precedents interpretation of law by the state and federal courts, and must follow. Cases for hearing by the Supreme Court must be within the federal courts jurisdiction or involve issues in federal law (Unah, 2010).…
The type of court structure we have in the United States is a dual court system. This means that every state has its own judicial system, that’s separate from the federal system, which is the same for every state. The state court includes trial courts of Limited Jurisdiction, Trial Court of General Jurisdiction, Intermediate Courts of Appeals, and the Appellate Court for a last resort. The Federal Court System includes District COurts, Circuit Courts of Appeals, and the Supreme COurt of the United States.…
I will be explaining how an offender is processed through each stage of the criminal justice system (Schmalleger & Smykla, 2015). Explain how an offender is processed through each stage of the criminal justice system. The criminal justice system has three components which are the police, courts, and corrections (Schmalleger & Smykla, 2015). Each part of the system can be termed as sub-system because each one has a variety of organizations and agencies.…
Confirmation bias can be found in many stages of the investigative process. This is when one seeks or interprets evidence in ways that are in favor of existing beliefs, expectations or a hypothesis. (Nickerson, 1998). Confirmation bias can have two ways of going about it in an investigation one way is that you select information based on what your thoughts, or opinions line up with or are biased towards the evidence that is already available (Ask & Granhag, 2005). The issue of confirmation bias is very important because it can happen even in our day to day lives but when it is in the legal system it can be very dangerous to the person that is in the hot seat.…
Judicial discretion refers to the powers conferred to a judge in the legal system of a given country to determine the direction of a matter presented to them without the interference of preceding or strict regulations that are established by statutes (Bushway et al. 2012). Judicial discretion is assigned by the legal apparatus within a given jurisdiction, meaning that court decisions may be subject to contest through the utilization of higher powers. Judges are supposed to practice the discretion allowances up to the limit specified by the law, failure to which decisions may be subjected to comprehensive vetting. For instance, the practice of discretion may be void judgement decisions in the event of bias, capricious practices, and the exercising…