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HIM 250 > Chapter 3 Test 1 > Flashcards

Chapter 3 Test 1 Flashcards

1
Q

Involves the federal, state, or local government and its relationship to individuals and business organizations

A

Public law

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2
Q

What are the two types of public laws?

A

criminal law and Civil law

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3
Q

Government is a party prosecuting an accused who has been charged with violating a criminal statute or criminally violating a regulation (misdemeanor vs. felony)

A

Criminal law

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4
Q

Regulatory activities for which non-compliance is non-criminal in nature

A

Civil law

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5
Q

Concerns the rules and principles that define rights and duties among people and among private businesses (a government is not a party)

A

Private law

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6
Q

What are the four sources of law?

A 
1. Constitutions 
Federal and state
2. Statues
Federal, state and local
3. Administrative Law
4. Judicial Decisions
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7
Q

Body of law that deals with the amount and types of power and authority that governments are given
US Constitution defines three branches of government:
- Legislative branch (Congress = House and Senate)
- Executive branch (President and cabinet)
- Judicial branch (Court system and judges)
States also have constitutions

A

Constitutional law

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8
Q 
Statutes are enacted by a legislative body
US Code (USC): Compilation of all federal statutes
A

Statutory law

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9
Q

Executive branch enforces laws enacted by legislative body through development of rules and regulations

  • US Code of Federal Regulation (CFR)
  • Administrative Agency Tribunals deal with disputes to related to administrative law
A

Administrative law

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10
Q

Judicial law or case law
Based on court resolutions of disputes
Outcomes vary from state to state and from federal court system to another
Precedent and Stare decisis (“Let the Decision Stand”)
Lower courts in a court system are bound to apply decisions of higher courts in the same court system when determining the outcome of the case, if the fact pattern of the case in the higher court was similar to of the current case.

A

common Law

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11
Q

Occurs when there is an inconsistency between laws of different states arising from a legal action that involves more than one jurisdiction
State vs. state
- Each state must follow its own law
Federal vs. state
- Supremacy clause- federal law preempts any conflicting state law

A

Conflicts of Laws

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12
Q

What are the three branches of government?

A

Executive branch
Legislative branch
Judicial branch

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13
Q

Enforces laws through creation and issuance of rules and regulations by administrative agencies
Example: Federal regulation of healthcare
Health and Human Services oversees Medicare, Medicaid, Indian Health Service, and other entities.
Example: State regulation of healthcare
Numerous agencies deal with disbursement of Medicaid funds, mental health, public health, etc.

A

Executive branch

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14
Q

Enacts laws in the form of statutes
The US Congress is a bicameral (two-chamber) model consisting of the:
- Senate
- House of Representatives

A

Legislative branch

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15
Q

Interprets laws and adjudicates disputes, creating common law (judicial or case law)
Federal and state course apply res judicata (“a matter already judged”) to limit excessive litigation.
Prevents same matters involving same parties to be litigated via subsequent law suits once all appeals have been exhausted.

A

Judicial branch

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16
Q

Limits the authority of each and inhibits any one branch of government from becoming autocratic
AKA- Checks and Balances

A

Separation of powers

17
Q

What are the courts in the state court system?

A
  • trial courts (lowest tier)
  • appellate courts (middle tier)
  • state supreme court (highest tier)
18
Q

What are the two different jurisdictions in the trial courts (lower tier)?

A

General and Limited jurisdiction

19
Q

Hear more serious criminal cases or civil cases dealing with large sums

A

General jurisdiction

20
Q

Hear cases related to of particular subject matter or lesser severity crimes (e.g., small claims, domestic relations, landlord–tenant)

A

Limited jurisdiction

21
Q

Hear appeals on final judgments of the state trial courts

A

Appellate courts (middle tier)

22
Q

Hears appeals from the appellate courts (or from trial courts if no appellate court)
Case is not reenacted rather only legal errors or problems are presented

A

State supreme court (highest tier)

23
Q

At all tiers, a court’s written determination outlining the facts of the case and the legal theories followed to reach an outcome

A

Opinion

24
Q

What courts are in the federal court system?

A
  • district courts
  • circuit courts
  • US supreme court
25
Q

Trial courts located throughout the US

A

District courts

26
Q

Appellate courts located throughout the US

Nationally divided into geographic circuits

A

Circuit courts

27
Q

Final decision-maker
Petition for writ of certiorari : Process by which a party submits a request for the Supreme Court to hear a case
- Only hears cases by granting certiorari

A

US Supreme Court

28
Q

Legal authority that a body possesses to make decisions

A

Jurisdiction

29
Q

Federal courts can hear cases based on two types of jurisdiction:

A

Subject matter jurisdiction

Diversity jurisdiction

30
Q

Content or substantive area of case being brought must be related to federal law or the US Constitution

A

Subject matter jurisdiction

31
Q

Parties from different states engage in a lawsuit in federal court
- No plaintiff can be from the same state as any of the defendants.
The amount in controversy must be at least $75,000

A

Diversity jurisdiction

32
Q

Are voluntary and do not have legal authority
May nonetheless be powerful and influential, such as accrediting bodies including:
Joint Commission
Healthcare Facilities Accreditation Program
DNV GL Healthcare
Center for Improvement in Healthcare Quality (CIHQ)

A

Requirements of Non-Legal Entities

33
Q

provides a less costly and less time-consuming mechanism outside of the court system for resolving conflicts

A

Alternative Dispute Resolution (ADR)

34
Q

What are the two types of alternative dispute resolutions?

A
  • arbitration

- mediation

35
Q

Dispute is submitted to and decided by a third party outside the court system
Once settled the agreement is binding

A

Arbitration

36
Q

Occurs by agreement of the parties, as facilitated by a mediator

A

Mediation

HIM 250 (16 decks)

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