L1- sources of law

Question 1

general about law in the US

Answer 1

enforced

focus on individual rights

separation of church and state

US federal government based on separation of powers and checks and balances

Question 2

legislative branch

Answer 2

article 1 of constitution
- house of reps / 2 year terms + senate (6byear term) - these together = congress

sole authority to enact legislation and declare war, right to confirm or reject may presidential appointments, and substantial investigative powers

Question 3

Laws enforced by congress that effect us

Answer 3

1. HIPPA - enforced by health and human services
2. Title 21 controlled substance act - by the DEA
3. infection control guidelines - CDC and OSHA

Question 4

executive branch

Answer 4

president and cabinet

implementing and enforcing laws written by congress - and appoints heads of agencies

cabinet and independent federal agences are responsible for the day to day enforcement and administration of federal laws

Question 5

executive orders afecting medicine

Answer 5

2001 - ban on stem cell research

2009- liften ban of stem cell research

2019 - altering aspects of medicare

cabinet and agent apoointmetns

Question 6

unique about judicial

Answer 6

appointed by the president and confimred by senate

Question 7

hierchal organization of federal courts

Answer 7

1. supreme court
2. court of appeals
3. district court

Question 8

who is executive in each state? legislature?

judiciary?

Answer 8

the governor

state legislature
- state senator and state representative

judicial

• state sumpreme court
• state court of appeals
• state distrit court

Question 9

proceeding through federal courts

Answer 9

1. district
   - fact finding
   - one judge and jury
2. court of appeals
   - legal issues only - 3 judge panel - no jury
3. supreme court
   - mainly discretionary review
   legal issues only
   - 9 justices on bane

Question 10

three branches of government

Answer 10

1. legislative
2. executive
3. judicial

Question 11

constitutional amendments

Answer 11

prohibitions against government abridgment or destruction of fundamntal rights

2 types

1. refinements to gov’t - lik bill of rights and
2. reconstruction amendments - when abolished slavery

Question 12

who retains residual remaining governmental powers

two examples?

Answer 12

the STATES

insurance and licensure

Question 13

federalism

Answer 13

federal powers limited to those that are enumerated in constitution - identified and described
the government has control over

Question 14

branches of law

Answer 14

1. administrative
2. criminal
3. civil

Question 15

administrative law

Answer 15

deals with licensing and regulation

penalties for violation can include suspension and revocation of license

Question 16

aything constitution is silent on __ takes over

Answer 16

states

- have to follow the minimal of what the federal law says

Question 17

administrative law

Answer 17

deals with licensing and regulaion

penelties for violations can include suspension and revocation of license

administrative agency is enforcing this like HIPPA with health and human services

licensure regulation issues **

Question 18

criminal law

Answer 18

addresses wrongs against the state

penalties for violation can include fines, restitution, community service and incarceration

Question 19

two parties in criminal law?

Answer 19

government vs. someone accused of crime

Question 20

is a victim a party to a criminal crime?

Answer 20

no

two parties = states and alladged person

Question 21

criminal law in dentistry?

Answer 21

insurance fraud
- improperly billing state and federal government could be prosecuted

another example
- improperly prescribing controlled substances

Question 22

most common type of action against dentist

Answer 22

civil law

state and federal government remomved

Question 23

civil law

Answer 23

addresses wrongs committed by one party harming anothe

penalties for violation can include monetary damages to compensate for loss and to punish

Question 24

two main theories civil law can be brought against

Answer 24

contracts
- contract broken

torts

• intentional
• unintentional which is malpractice