Chapter 3 - The Legal System in the US Flashcards
four sources of law
a reference to the four sources of law in American society: constitutions (state and federal), statutes (federal, state, and local), administrative law, common law (court decisions)
constitutional law
the body of law that deals with the fundamental principles that determine how a government is run
three branches of the federal government
a legislative branch that creates laws, an executive branch that enforces them, and a judicial branch that interprets the laws
legislative branch of the USA
the US House of Representatives and the US Senate
executive branch of the USA
federal level: the president and his staff, which are mainly cabinet-level agencies such as the CMS; state level: the governor
judicial branch of the USA
the federal and state court systems; the highest in each state is that state’s supreme court; the highest in the nation is the federal Supreme Court
constitution
a document that forms the basis of constitutional law; states have their own constitution but the highest constitution in the USA is the US Constitution
due process of law
the legal requirement that the state must respect all legal rights that are owed to a person
state action
an action that is either taken directly by the state or that bears a sufficient connection to the state to be attributed to it
substantive due process
due process that protects individuals’ legal rights and guarantees that laws are fair, reasonable, and not arbitrary
procedural due process
due process that requires that government not take a person’s life, liberty, or property without due process of law; it is about making sure there are fair legal processes and procedures
statutory law
written laws (statutes) passed by the legislative branch of the United States or by an individual state
administrative law
the body of law that governs the administration and regulation of government agencies (both federal and state)
administrative agency tribunal
a type of court within an agency, distinct from the actual court system; they often resolve issues before they become serious enough to go to the courts
CFR
acronym for Code of Federal Regulations; it is a list of regulations developed by federal administrative agencies
common law
also called judicial law or case law; in the context of the US legal system, it refers to making decisions based on precedents established by previous court decisions
stare decisis
a Latin term that means “let the decision stand”; it means to make decisions based on precedent; however, it is not universal: lower courts must look to precedents established by higher courts; higher courts do not need to consider precedents established by lower courts; courts of the same level do not need to take precedent from each other; state courts do not need to follow precedents established by courts in other states
persuasive authority
cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow
conflict of laws
an inconsistency between the laws of different states arising from a legal action that involves more than one jurisdiction (e.g. a malpractice lawsuit that involves multiple jurisdictions)
jurisdiction
a territory of legal control
Supremacy Clause
a clause in the US Constitution that states that federal laws override any conflicting state law
res judicata
Latin for “a matter already judged”; a legal doctrine that prevents subsequent lawsuits about a matter already decided on and that involves the same parties once a decision has been made and all appeals have been exhausted
separation of powers
a doctrine that limits the authority of each branch of the government and that inhibits any one branch of government from becoming autocratic
trial courts
the lowest tier of state courts, divided into two types: courts of limited jurisdiction and courts of general jurisdiction
court of limited jurisdiction
state courts that hear cases that pertain to a particular subject matter (e.g. landlord and tenant cases or juvenile cases), crimes of lesser severity (e.g. misdemeanors), or civil matters of lesser dollar amounts
court of general jurisdiction
state courts that hear more serious criminal cases (e.g. felonies), or civil cases that involve large amounts of money
plaintiff
a person who brings a case against another in a court of law (used in civil cases)
prosecutor
a person, especially a public official, who institutes legal proceedings against someone (used in criminal cases)
defendant
an individual, company, or institution sued or accused in a court of law
appellate court
courts that hear appeals on final judgments made in state trial courts
supreme court
the highest tier of court in a state or in the country (in the case of the U.S. Supreme Court); it hears appeals from lower courts
brief
a legal document that argues for a particular side, prepared by each party’s attorney
oral argument
oral presentation of a party’s position and the reasoning behind it, usually before an appellate court
opinion
a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling
district court
a trial court that is part of the federal court system
circuit court
an appellate court that is part of the federal court system
petition for writ of certiorari
the process by which a party submits a request for the Supreme Court to hear a case
subject matter jurisdiction
the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. (e.g. bankruptcy court only has the authority to hear bankruptcy cases)
court of special jurisdiction
a court that has the power to handle certain cases that are specified by law
diversity jurisdiction
a form of subject matter jurisdiction that gives U.S. federal courts the power to hear lawsuits that do not involve federal law; generally speaking, diversity jurisdiction requires two conditions to be met: (1) the plaintiff and defendant must be from separate states; (2) the amount in question must be at least $75,000
Court of Claims
a court where lawsuits against the government are brought; can be state or federal
Conditions of Participation
rules that healthcare organizations are required to follow in order to receive Medicare and Medicaid certification
HFAP
acronym for: Healthcare Facilities Accreditation Program; a non-profit organization meant to help healthcare organizations maintain their standards in patient care and comply with regulations and the healthcare environment
DNV GL Healthcare
an organization that provides accreditation and clinical excellence certifications to America’s hospitals
CIHQ
acronym for: Center for Improvement in Healthcare Quality; accreditation provider approved by CMS to determine if acute care hospitals are meeting Medicare’s Conditions of Participation
acute care
a branch of secondary health care where a patient receives active but short-term treatment for a severe injury or episode of illness, an urgent medical condition, or during recovery from surgery (e.g. emergency room)
chronic care
also called long-term care; a variety of services which help meet both the medical and non-medical needs of people with a chronic illness or disability who cannot care for themselves for long periods
primary care
the day-to-day healthcare given by a health care provider. Typically this provider acts as the first contact and principal point of continuing care for patients within a healthcare system, and coordinates other specialist care that the patient may need (e.g. Dr. Dinh, the general dentist at Emergency Dental)
secondary care
medical care that is provided by a specialist or facility upon referral by a primary care physician and that requires more specialized knowledge, skill, or equipment than the primary care physician can provide (e.g. the sleep study referral given by Fourth Street Clinic, the endodontist after the failed root canal)
tertiary care
highly specialized medical care usually over an extended period of time that involves advanced and complex procedures and treatments performed by medical specialists in state-of-the-art facilities (e.g. my hospitalization after breaking my femur)
alternative dispute resolution
a system, promoted by the US legal system, that provides means to settle disputes that do not involve the court system; the two main types of dispute resolution are arbitration and mediation; the main benefits are privacy, time saved, and money saved
arbitration
a dispute that is submitted to a third party or a panel of experts outside the judicial system; this process is most effective when the parties to the dispute agree to have their differences settled by the arbitrator and agree that the settlement will be binding
mediation
a dispute that is submitted to a third party; however, the outcome of mediation occurs by agreement of the parties, and not by a decision of the mediator
state medical board
government entities that take action against physicians for behaviors that are illegal or reckless; they do other things as well
