Chapter 5 Flashcards
A system of principles an processes by which people in a society deal with their disputes and problems, seeking to solve or settle them without resorting to force
Law
Laws the deal with the relationship between individuals and the government
Public Law
Laws that deal with relationships among individuals
Private law
Body of principles that have evolved and expanded from judicial decisions; differs state to state; make the same type of decision if the case is similar to another case
Common Law
Judicial decision that can be used as a standard in subsequent/previous similar cases
Precedent
Refers to that which has been previously acted on or decided by the courts; a matter is judged
Res Judicata
A decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving an identical or substantially similar situation is to resolved in the same manner as the first lawsuit
Stare decisis
Written law emanating from federal and state legislative bodies
Statutory law
Extensive body of public law issued by administrative agencies to direct the enacted laws of the federal and sate governments
Administrative law
What case is an example of conflicting laws?
Dorsten vs Lapeer County General Hospital
Branch whose function is to enact laws that may amend or repeal existing legislation and to create new legislation; responsible to determine the nature and extent of the need for new laws and changes in existing laws
Legislation
Branch whose function is to resolve disputes in accordance with the law
Judicial branch
Purpose is to review cases tried in federal district courts with their respective circuits, also provide jurisdiction to review orders of designated administrative agencies and to issue original writs in appropriate cases
Court of Appeals
Branch of the government which functions as administering and enforcing law
Executive branch
Cabinet level department of the executive branch that is responsible for developing and implementing appropriate administrative regulations for carrying out national health and human services policy objectives
Department of Health and Human Services (DHHS)