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33 Cards in this Set
- Front
- Back
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law
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body of rules of action/conduct by controllling authority, having binding force.
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purposes of law
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establish order
provide boundaries define rights/responsibilities |
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2 kinds of law
public |
fed, state and local govt in relationship w/ indiv or business
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2 types of public law
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criminal law:
govt. as party |
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2 types of public law
regulatory activities |
can be criminal or civil
ie- Medicare's COP (Conditions of Participation) |
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Private law
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person to person as parties
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4 sources of private law
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constitution, statutes, administrative law, criminal law
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constitution
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defines powers of 3 branches
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legislature
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HOR & Senate
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legislature
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creates/enacts statutory laws
(statutes) |
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example of statutes
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Medicare and HIPPA
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executive branch
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President and staff,
cabinet level agencies |
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executive branch
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enforces laws
ie- Ctr for Medicare and Medicaid Srvcs (CMS) *contained w/i HHS - cabinet level agency reporting directly to President. *CMS enforces Medicare laws |
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judicial branch
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courts
interprets laws by US Congress & signed by President. (fed level) AND laws passed by state leg. signed by Governors |
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constitution
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26 amendments
(Bill of Rights) = 1st 10'ammend 16 additional |
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due process
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respect for protection of indiv legal rights (SUBSTANTIVE DUE PROCESS)
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due process
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implementation of fair legal processes when life, liberty, property in trouble
(PROCEDURAL DUE PROCESS) |
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2 source of law:
statutes |
enacted by legislative body
(Congress and state leg) |
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Codes
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compendium of statutes created
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US CODES
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Examples of statutes:
compilation of fed statutes ie- Medicare, HIPPA, |
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Ordinances
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enacacted by local bodies
(ie-ordinances) |
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3rd source of law
Administrative law |
under public law umbrella
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executive branch
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enforces laws enacted by leg branch.
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Legislative body
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gives exec branch (administration),
right to develop rules/regs that carry out intent of statutes. ie- congress directed secretary of HHS to debelop rulesto carry out intent of Medicare COP *Conditions of Participation. |
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Other examples of adminstrative law
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FDA (agency w/i HHS) has power to develop rules that control manufacture of drugs.
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Code of Federal Regulations
(CFR) |
publishes regulations developed by fed admin agencies
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admin agency tribunals
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handle disputes created by statute or constitution.
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4th source of law
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common law (judicial law)
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judicial law
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body of laws created when ct renders a decision as a result of a dispute.
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courts hold significant decision making respon
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interpret comstitution, statutues, regs;
determine constitutionality, resolving comflicting statutues and regs, creating common law where void exists |
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Development of acceptable procedures: terms
STARE DECISIS |
let the decision stand
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Conflict of laws
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inconsistency between state laws,
arises from legal action involving more than 1 jurisdiction |
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jurisdiction
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territory of legal control
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