Legal Foundations Flashcards
What are the two subsystems of the American Legal System?
1) Criminal Law System (one person attacks another)
2) Civil Law System (there is a dispute amongst individuals)
3 things state or federal courts have power/jurisdiction over
1) litigants
2) subject of litigation
3) specific types of cases
7 Things State Courts have exclusive jurisdiction of
- State governmental issues
- Crimes that occur within state
- Domestic and family relations
- Establishment and incorporation of private businesses
- Insurance
- Traffic offenses
- Health care malpractice
6 Things Federal Courts have exclusive jurisdiction of
- Antitrust actions
- Bankruptcy proceedings
- Federal crimes
- Military law and policy cases
- Patent, copyright, and trademark actions
- Lawsuits against the United States
2 Things in which there may be a shared jurisdiciton
1) Diversity of citizenship jurisdiction
- Parties involved in litigation are from different states
- Limited to monetary amount of at least $75,000
2) Shared jurisdiction with states
- Interpretation of state and (most) federal laws
4 Sources of Law
1) Constitutional Law
2) Statutory Law
3) Common Law
4) Administrative Law
What law is recognized as the “supreme law of the land”?
Constitutional Law
Who is the final arbiter in interpreting and enforcing the Constitution?
The Supreme Court
What is an example of the Constitutional Law?
Bill of Rights
6 Examples of Statutory Law
- The Americans with Disabilities Act
- The Civil Rights Acts of 1964 and 1991
- The Family and Medical Leave Act (FMLA)
- The Patient Self-Determination Act
- The Health Insurance, Portability and Accountability Act (HIPAA)
- The Practice Act
What are common laws?
judge-made case law, all judicial decisions creating legal precedent in areas where legislatures have not enacted statutes
What are administrative laws?
federal and state levels, administrative agencies are empowered to exercise legislative (rule-making), executive (management), and judicial (enforcement functions)
6 Types of Federal Administrative Agencies
- Centers for Disease Control and Prevention
- Centers for Medicare and Medicaid Services
- Equal Employment Opportunity commission
- Occupational Safety and Health Administration
- National Labor Relations Board
- Social Security Administration
What are some Secondary Sources of Legal Authority
Professional Association and institutional practice standards, protocols, and guidelines such as JCAHO, CARF, and NCQA
What is due process?
the legal requirement that the state must respect all of the legal rights that are owed to a person
What amendments fall under due process?
5th and 14th Amendments
What is the 5th Amendment
States that a person does not have to say anything the will incriminate themselves; also states a person may not be charged with the same thing twice once they have been found not guilty by a grand jury
What is the 14th Amendment?
addresses citizenship rights and equal protection of the laws
What is substantive Due Process?
Prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization
You have the right to all of your rights under the bill of rights
What is procedural Due Process?
All government proceedings that can result in any cases that result in an individual being deprived of anything
For Example: You have the right to call witnesses, cross-examine, to see all evidence, an unbiased jury, etc.
Civil Law is concerned with ____ actions while Criminal Law is concerned with _____ actions
Private
Government
Civil Law is _____ v. Defendant
Criminal Law is ______ v. Defendant
“Plaintiff”
“State”
According to Civil Law what is proof?
According to Criminal Law what is proof?
Majority of evidence
Beyond a reasonable doubt
What are the words associated with one found in the wrong of a civil law? Criminal law?
Liability
Guilty
When someone is found either liable or guilty what happens?
Liable (civil law) –> Monetary Damages
Guilty (criminal law) –> Incarceration
What is litigation?
a legal proceeding in a court
What is the litigation crisis?
- United states is home to 5% of the world’s population, 75% of the world’s attorneys
- Only western nation that allows representation of personal injury clients for a contingent fee
Conduct that is deemed unethical is often conduct that violates what law?
criminal law
What are the possible adverse actions that may be taken against a physical therapist?
1) Civil malpractice action
2) Criminal negligence
3) State licensure board
4) Private association disciplinary action
