Legal Foundations

Question 1

What are the two subsystems of the American Legal System?

Answer 1

1) Criminal Law System (one person attacks another)

2) Civil Law System (there is a dispute amongst individuals)

Question 2

3 things state or federal courts have power/jurisdiction over

Answer 2

1) litigants
2) subject of litigation
3) specific types of cases

Question 3

7 Things State Courts have exclusive jurisdiction of

Answer 3

• State governmental issues
• Crimes that occur within state
• Domestic and family relations
• Establishment and incorporation of private businesses
• Insurance
• Traffic offenses
• Health care malpractice

Question 4

6 Things Federal Courts have exclusive jurisdiction of

Answer 4

• Antitrust actions
• Bankruptcy proceedings
• Federal crimes
• Military law and policy cases
• Patent, copyright, and trademark actions
• Lawsuits against the United States

Question 5

2 Things in which there may be a shared jurisdiciton

Answer 5

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

Question 6

4 Sources of Law

Answer 6

1) Constitutional Law
2) Statutory Law
3) Common Law
4) Administrative Law

Question 7

What law is recognized as the “supreme law of the land”?

Answer 7

Constitutional Law

Question 8

Who is the final arbiter in interpreting and enforcing the Constitution?

Answer 8

The Supreme Court

Question 9

What is an example of the Constitutional Law?

Answer 9

Bill of Rights

Question 10

6 Examples of Statutory Law

Answer 10

• 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

Question 11

What are common laws?

Answer 11

judge-made case law, all judicial decisions creating legal precedent in areas where legislatures have not enacted statutes

Question 12

What are administrative laws?

Answer 12

federal and state levels, administrative agencies are empowered to exercise legislative (rule-making), executive (management), and judicial (enforcement functions)

Question 13

6 Types of Federal Administrative Agencies

Answer 13

• 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

Question 14

What are some Secondary Sources of Legal Authority

Answer 14

Professional Association and institutional practice standards, protocols, and guidelines such as JCAHO, CARF, and NCQA

Question 15

What is due process?

Answer 15

the legal requirement that the state must respect all of the legal rights that are owed to a person

Question 16

What amendments fall under due process?

Answer 16

5th and 14th Amendments

Question 17

What is the 5th Amendment

Answer 17

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

Question 18

What is the 14th Amendment?

Answer 18

addresses citizenship rights and equal protection of the laws

Question 19

What is substantive Due Process?

Answer 19

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

Question 20

What is procedural Due Process?

Answer 20

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.

Question 21

Civil Law is concerned with ____ actions while Criminal Law is concerned with _____ actions

Answer 21

Private

Government

Question 22

Civil Law is _____ v. Defendant

Criminal Law is ______ v. Defendant

Answer 22

“Plaintiff”

“State”

Question 23

According to Civil Law what is proof?

According to Criminal Law what is proof?

Answer 23

Majority of evidence

Beyond a reasonable doubt

Question 24

What are the words associated with one found in the wrong of a civil law? Criminal law?

Answer 24

Liability

Guilty

Question 25

When someone is found either liable or guilty what happens?

Answer 25

Liable (civil law) –> Monetary Damages

Guilty (criminal law) –> Incarceration

Question 26

What is litigation?

Answer 26

a legal proceeding in a court

Question 27

What is the litigation crisis?

Answer 27

• 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

Question 28

Conduct that is deemed unethical is often conduct that violates what law?

Answer 28

criminal law

Question 29

What are the possible adverse actions that may be taken against a physical therapist?

Answer 29

1) Civil malpractice action
2) Criminal negligence
3) State licensure board
4) Private association disciplinary action