Chapter 2 -Legal System

Question 0

What is private law?

Answer 0

rules and rights among people and private businesses enforced by judicial court system

Question 1

What is public law?

Answer 1

relationship of federal, state, local gov to individuals and organizations bc the gov is a party

Question 2

What are public law types?

Answer 2

Criminal law and Civil law

Question 3

What are the 4 sources of public and private law?

Answer 3

Constitutions: federal & state

Statutes: federal, state, & local

Administrative law: rules and regulations of administering agencies

Common law: judicial (court) decisions

Question 4

What are the three branches of federal government & their powers?

Answer 4

Legislative branch: creates statutory laws (like medicare)

Executive branch: enforce the law (ex: CMS enforces medicare law)

Judicial branch: interprets the law

Question 5

What are the types of Due process of law?

Answer 5

Substantive due process: protects individual’s legal rights

Procedural due process: fair legal processes when person’s life or property in jeopardy.

Question 6

What is a state action?

Answer 6

when a private organization takes on the characteristics of a public organization; then they are at government standards, under due process (right to fair treatment)

Question 7

Stare decisis/precedent

Answer 7

lower courts that follow the decisions of higher courts

Question 8

Persuasive authority

Answer 8

courts look to another court’s decision for guidance only

Question 9

Conflict of laws

Answer 9

when injuries involve more than one state; limiting each state to apply their laws.

Federal law is supreme over any state law.

Question 10

Under Executive Branch; example of federal and state regulation of healthcare?

Answer 10

Federal Regulation of Healthcare:
HHS, CMS funds & reimbursement; healthcare research

State Regulation of Healthcare:
funding of facilities for state residents: mental illness facility, public health issues

Question 11

Why the separation of powers among the 3 branches?

Answer 11

to limit authority of each branch from becoming autocratic

Question 12

Who uses the three tier system and what are they?

Answer 12

State and federal court systems use it.

Trial court
Appellate court
Supreme court

Question 13

Explain the three tier system?

Answer 13

Trial court (lowest): judge/jury decide:

• limited jurisdiction: less severe cases
• general jurisdiction: more serious cases

Appellate court:
follow trial courts decisions

Supreme court: (highest):
follow appellate or trial courts

Question 14

In the federal court system, what are trial courts and appellate courts called?

Answer 14

Trial courts:
District courts

Appellate courts:
Circuit courts

Question 15

A process by which a party submits a request for the Supreme Court to hear a case is called?

Answer 15

petition for writ of certiorari

Question 16

Whether a case may be bought in the federal court system is according to what 2 jurisdictional limitations? Explain.

Answer 16

Subject Matter Jurisdiction:
hear cases of a particular case relating to a specific subject

Diversity Jurisdiction:
enables parties from diff states to engaged in a lawsuit if the plaintiff and defendant are from diff states, and at least $75,000

Question 17

What is a Court of Claim?

Answer 17

lawsuits against the government

Question 18

Describe alternative dispute resolution?

Answer 18

provides means other than the court system to resolve lawsuits that saves time and cost. 2 types:

Arbitration: involvement of a third party and decision made be the arbitrator

Mediation: involvement of a third party but decision is not made by the mediator

Question 19

A court’s written determination outlining the facts of the case followed to reach an outcome is?

Answer 19

Opinion