Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Public Health Law & Ethics > Midterm > Flashcards

Midterm Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

WHO definition of health

A

“Health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

problems with WHO definition of health

A

impossible to achieve and of diminishing salience in aging world

important as aspiration guidance, but hard to measure and tough to evaluate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Lancet definition of health

A

“…the ability to adapt to one’s environment. Health is not a fixed entity. It varies for every individual, depending on their circumstances. Health is defined not by the doctor, but by the person, according to his or her functional needs. The role of the doctor is to help the individual adapt to their unique prevailing conditions.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Healthcare vs. Public Health (broadly)

A

Healthcare: curative, focused on individuals

Public Health: preventative, focused on populations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

population health, broadly

A

can’t treat way to pop. health

many health services have smaller benefits at pop. level than suspected

others harmful (medical error)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is a health risk?

A

risk comes from Latin and Greek for “cliff” (resicum, risicum, riscus)

Risk: the probability that an outcome will occur after some exposure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the law?

A

system of rules
created via gov’t structures
enforced by or w/in gov’t entities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

examples of the law

A 
Constitution
City ordinance
Federal regulation
State statute
Executive order
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

basic hierarchy of laws

A

Constitution: foundational document

Statue: enacted by legislature

Regulation: created by gov’t agencies

Non-regulatory guidance: created by gov’t agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How do I know which law to follow?

A

Follow most specific or restrictive law

When conflict, higher authority wins (pre-emption)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

define common law

A

general body and system of laws inherited from England

focused on compensation for harms and enforcement of individual rights

still evolving in judicial branch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

key features of common law in U.S. today

A

rely on and respect judicial precedents

give judges a (limited) opportunity to look beyond text of the law at issue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

define plaintiff

A

files lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

define defendant

A

defends action that was basis of lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

define parties (r/t courts)

A

plaintiff and defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

define cause of action

A

facts and legal theory that allow plaintiff to file lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

basis of cause of action

A

may be based on:

statute
contract
common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

define District Court

A

first stop in most lawsuits

one judge manages court filings and trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

define Appellate Court

A

losing party identifies potential error made at lower court

three judges read appeal documents, participate in hearing, vote on outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

define Highest Court

A

last option, but choose which cases to hear

all judges read appeal documents, participate in hearing, vote on outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

how does law influence health?

A 
health law
-->
legal practices
-->
change in behavior/environment
--> 
improved pop. health
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

define social determinants of health

A

The conditions in which people are born, grow, work, live, and age, and the wider set of forces and systems shaping the conditions of daily life. These forces and systems include economic policies and systems, development agendas, social norms, social policies, and political systems. –WHO, 2008

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

mechanisms linking inequality to poor health

A 
stress/trauma: allostatic load
social resources
social cohesion
sense of coherence
differential tx by law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

LaLonde (1970s)

A

promotes “populations-at-risk” or high risk approach

medical model of diagnosis -> tx

e.g. bariatric surgery, health counseling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Rose (1980-90s)

A

articulated population or distribution approach

e.g. encourage exercise, folate fortification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Frohlich and Potvin (2008)

A

“One of the major shortcomings of Rose’s approach is that it does not address the underlying mechanisms that lead to different distributions of risk exposure between socially defined groups within populations… We contend, however, that a focus on vulnerable populations is complementary to a population approach and necessary for addressing social inequalities in health.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Interventional Theory of risk

A

we can shift distribution of risk, and therefore the mean effect

but shape of the risk distribution may change, too

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

vulnerable populations

A

subgroup or subpop. who, b/c of shared social characteristics, is at higher risk of risks.

groups b/c of position in social strata that are commonly exposed to contextual conditions that distinguish them from the rest of the pop.

concentrate numerous risk factors throughout life b/c of shared fundamental causes associated w/ position in social structure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

ethical justifications for public health law

A

Harm Principle: prevent harm to others
Paternalism: prevent harm to self
Parens Patriae: protect incompetent person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

legal justifications for public health interventions

A

constitutional authority
statutory authority
regulatory authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

3 main powers of Constitution

A

federalism
separation of powers
individual rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

define Federalism

A

allocates power between state gov’ts and federal gov’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

define separation of powers

A

divides power among 3 branches of gov’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

define individual rights (r/t Constitution)

A

limits gov’t’s power by protecting liberties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

historical antecedents to Separation of Powers

A

trouble with king

trouble w/ Continental Congress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

pros of Separation of Powers

A

stable

checks & balances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

cons of Separation of Powers

A

slow
allows ‘capture’
gov’t heavily reliant on legislators

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

enumerated powers

A

federal gov’t can only act pursuant to an explicit grant of authority in the U.S. constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

power & roles of Federal Legislative Branch

A

to create laws and fund gov’t through budget laws

ex: to tax and spend; regulate interstate commerce; “necessary and proper” laws for implementing other enumerated powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

power & roles of Federal Executive Branch

A

to implement and enforce law

ex: to make treaties; appoint ambassadors; SCOTUS judges and other officers; “take care that laws be faithfully executed”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

power & roles of Federal Judicial Branch

A

to interpret laws and Constitution and to resolve conflicts

ex: hear all cases “arising under Constitution, laws of U.S…”, original jurisdiction in all cases affecting ambassadors, appellate jurisdiction otherwise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

which branch is arguably most powerful?

A

Legislative (per Alexander Hamilton)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

define agency

A

official gov’t body empowered with authority to direct and implement specific legislative acts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

role of Federal legislative branch in agencies

A

passes laws that authorize, empower, and govern agencies

controls budget

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

role of Federal executive branch in agencies

A

appoints agency heads

sets priorities and agenda

some agencies independent (i.e. attorneys general)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

role of Federal judicial branch in agencies

A

interprets laws that govern agencies

checks constitutionality and legality of agency action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

roles of agencies

A 
write specific rules
issue licenses
conduct inspections and evaluations
administer civil penalties
collect data
provide reports
distribute grants
implement programs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

why are statues r/t agencies often broadly worded?

A

easier to get consensus on broad points

reps and Senators are generalists; agencies have specialized training, experience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

executive powers of agencies

A

enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

judicial powers of agencies

A

hearings to challenge enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

legislative powers of agencies

A

rules in interstices
specific requirements to make rules
interpretive rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

basic requirements of rulemaking

A

prior notice
opportunity to comment
statement of bias and purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

federal rules not requiring notice and comment

A

military and foreign affairs
interpretive rules and policy statements
organizational agency rules
when impractical or unnecessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Chevron deference

A

courts should defer to agency interpretations of related statutes unless interpretation is clearly unreasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Federalism in Constitution

A

power of federal and state gov’ts

how conflicts are resolved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

State government powers

A

“police power” and “parents patriae” power

10th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

10th amendment

A

the powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Dillon’s rule

A

localities only have the power granted to them by the states

some state constitutions grant localities wide authority over self-governance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Interstate Commerce Clause (ICC)

A

Congress can regulate:

  1. channels of IC
  2. things moving in IC
  3. any activity that “substantially affects” IC
60
Q

examples of legal regulation of health-related behavior

A

policy innovation
policy evaluation
dissemination and implementation

61
Q

philosophical problem with policy learning and decentralization

A

races to the bottom

62
Q

practical problem with policy learning and decentralization

A

complex state laws, difficult to study
lack of data
legal exposure hard to measure
conflicts create litigation

63
Q

Supremacy Clause of Constitution

A

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”

federal law preempts state law

64
Q

types of preemption

A

conflict

express

65
Q

conflict preemption

A

fed and state gov’ts regulate in an area, fed gov’t wins when federal intention is “clear”

fed. often provides floor of protection or regulation

66
Q

express preemption

A

Congress occupies the field, denying states any opportunity to regulate

i.e. bankruptcy law, reg. of nuclear power plants

67
Q

commandeering

A

state officials cannot be forced to enforce federal law

68
Q

pros of Federalism

A

decentralized authority enables policy-learning (laboratories of state”

may enable more responsible effective government

69
Q

cons of Federalism

A

lack of uniformity can be confusing and costly

long and dark history of “states rights”

70
Q

3 laws struck down outside ICC since 1940s

A
  1. Lopez (1995) - Gun Free Zones Act
  2. Morrison (2000) - Violence Against Women Act
  3. NFIB v. Sebelius (2012) - Individual Mandate from ACA
71
Q

define “parens patriae”

A

gov’t takes care of vulnerable people

ability to make legal decisions for children, prisoners, mentally disabled

72
Q

define “police power”

A

inherent agreement to give up certain rights for good of city/state

73
Q

elements of criminal case

A

gov’t initiates lawsuit
against a person
for violating criminal laws

74
Q

elements of civil case

A

private person or gov’t initiates lawsuit
against person(s) or gov’t
for violations of civil law

75
Q

standard of proof

A

criminal: beyond a reasonable doubt
civil: preponderance of evidence (sometimes clear and convincing evidence) - more likely than not that something happened

76
Q

penalties of criminal cases

A

incarceration, probation

77
Q

penalties of civil cases

A

usually money, court ordered actions

78
Q

constitutional protections for criminal defendants

A

right to jury

right to lawyer

79
Q

plea bargains

A

agreement some level of guilt in exchange for a deal

90-95% of cases end with plea bargain

must be presented and approved by judge

80
Q

settlements

A

in civil cases, 90% settled

can happen at any time

81
Q

types of causes of action

A

express (law or contract)
implied (court recognizes claim)
new

82
Q

influence of common law in modern legal system

A

property
contracts
torts

83
Q

direct role of court system in managing public health risks

A

regulate people
regulate objects
regulate environment

84
Q

indirect role of court system in managing public health risks

A

system to penalize behavior

bring actions against defendants

85
Q

tort system for indirect regulation: 4 goals

A

assign responsibility
provide compensation for harm
deter harmful/risky conduct
encourage safe conduct

86
Q

define tort

A

harm

87
Q

define tortfeaser

A

someone or something that harms another

88
Q

types of torts

A

negligence
intentional
strict liability

89
Q

components of negligence

A

duty
breach
causation
harm

90
Q

define duty re: negligence

A

defendant had duty of care, obligation to act or not consistent with some level of care

91
Q

define breach re: negligence

A

defendant violated duty of care, failed to conform to level of care

92
Q

define causation re: negligence

A

violation caused harm

93
Q

define harm re: negligence

A

harm is meaningful and significant

94
Q

elevated duty

A

professional duty of care
law
nature of relationships
intrinsic nature of risk

95
Q

define proximate cause

A

legal causation

96
Q

define damages

A

compensation to punish wrongdoer and make the plaintiff “whole”

97
Q

define injunction

A

forcing other party to stop an action

98
Q

define specific relief

A

forcing some other action

99
Q

define strict liability

A

shift all burden of harm onto party doing the activity

need not prove negligence or harm, just that defendant performed activity

ex: blasting; dangerous animals; defective products

100
Q

role of judge in courtroom

A

make decisions about law, set relevant rules in jury instructions, decide what evidence is admissible

101
Q

role of juries in courtroom

A

make decisions about fact, helped by expert witnesses

102
Q

process of civil litigation

A 
harm
complaint filed
answer filed
discovery
motions submitted/argued
judge decides
trial/appellate/SCOTUS
verdict
103
Q

define mediation

A

agreed by both parties to facilitate settlement

makes recommendation but parties not required to follow it

104
Q

arbitration

A

makes final decision, parties required to follow it

105
Q

define deposition

A

interview under oath

106
Q

define motions

A

request to judge to make a decision about some element of case (evidence, final decision)

107
Q

define private right of action

A

individual(s) can bring claim to enforce a Federal law

108
Q

sovereign immunity

A

“rex non potest peccare”

gov’t cannot be sued for torts unless waived immunity

officials can be sued as individuals IF grossly ignore law

109
Q

sovereign immunity exceptions

A

Federal Tort Claims Act

42 USC S 1983

State law exceptions

110
Q

Federal Tort Claims Act

A

may allow claims for harms suffered d/t gov’t action

111
Q

42 USC S 1983

A

from Civil Rights Act

allows individuals to sue gov’t agencies for violations of “rights, privileges, or immunities secured by Constitution”

112
Q

define assumption of risk

A

individuals can’t recover damages if they understand risks r/t activity

113
Q

contributory negligence

A

individuals can’t recover damages if they contribute to harm

114
Q

three principles of police power

A

promote the public good
permit restriction of private interests
scope is pervasive

115
Q

examples of police power for public health

A 
clean water
clean air
regulation of food
regulation of alcohol
professional licensure
facility licensure
zoning laws
116
Q

key themes of use of police power in Jacobson v. Massachusetts

A

social contract theory
harm principle
public health necessity
reasonable means and proportionality

117
Q

social contract theory

A

manifold restraints to which every person is necessarily subject for the common good

118
Q

state laws re: mandatory vaccination

A

daycare or school
some state colleges
employees of some healthcare facilities
foster care

119
Q

federal laws re: mandatory vaccination

A

military

immigrants applying for permanent residence

120
Q

federal funding for vaccination

A

Vaccines for Children program
medicaid requires vaccines at no-cost
many health insurance policies prohibit co-pay for vaccines

121
Q

Philadelphia Immunization Code

A

whenever necessary to control spread of disease, Department may require immunization of any person

cannot attend school (except college university)

122
Q

National Vaccine Injury Compensation Program

A

no-fault system that pays for injuries caused by vaccines

funded by Compensation Trust Fund tax on each vaccine

anyone can show vaccine caused injury

special masters at Federal Claims Court decide how much money is owed based on Vaccine Injury Table

123
Q

Harm Principle

A

idea of “social contract”

ex: trash disposal; quarantine and isolation; hazardous industrial practices; criminal laws

124
Q

types of public health law overreach aka Jacobson Creep

A

use as pretext for consciously discriminatory or other corrupt reasons

“good” faith, but misguided use

125
Q

parens patriae re: mandatory reporting

A

child abuse
adult abuse (not domestic)
elder abuse

126
Q

parens patriae re: children

A

parents are legal representatives of their children

laws designed to support and protect children

127
Q

parens patriae re: rights of parents

A

parental immunity doctrine

SCOTUS recognizes certain fundamental rights, including rights of parents to make certain decisions of behalf of children

128
Q

parental immunity doctrine

A

children cannot sue parents for negligence

rooted in rights of parents and concerns about collusion

129
Q

generally accepted interventions by gov’t when parents’ choices harm child

A

court-ordered blood transfusions

foster care system

130
Q

philosophical basis for parens patriae

A

“Against these sacred private interests, basic in a democracy, stand the interests of society to protect the welfare of children…”

–Prince v. Mass, 321 U.S. 158 (1994)

131
Q

corporal punishment around world

A

U.S. is only member of U.N. that has not ratified the Convention on the Rights of the Child

132
Q

parens patriae re: adolescents

A

legally treated as children for some purposes and adults for others

133
Q

parens patriae re: adolescent medical decision-making

A

can consent to specific treatments

minor parents have right to make all decisions on behalf of their children

134
Q

parents patriae re: adolescent criminal acts

A

PA does not have minimum age for trying a child as an adult

Juvenile court available for only some offenses

135
Q

types of paternalism

A

soft - facilitating healthy decisions

hard - forcing healthy decisions

136
Q

why does paternalism make sense?

A

bounded rationality

individual harms carry external costs

137
Q

why is “soft” paternalism attractive

A

humans poor at assessing and managing risk

biases and heuristics run rampant

evidence of “nudging” people towards healthier decisions

138
Q

why is “hard” paternalism attractive

A

repulsed by idea of self-harm

we think we know better than individuals about what makes them healthy

139
Q

14th amendment

A

…nor shall any state deprive any person of life, liberty, or property, without due process of law

140
Q

state-created danger test

A

1) harm foreseeable and direct
2) degree of culpability that “shocks conscience”
3) special relationship
4) agent rendered citizen more vulnerable than if they had not acted at all

141
Q

negative Constitution

A

Constitution creates few affirmative duties; mostly limits interference by government

142
Q

Constitutional right to healthcare?

A

nothing in Constitution

some state constitutions address health and well-being but do not guarantee services

143
Q

laws designed to promote health care access despite not being a Constitutional right

A

EMTALA
Medicare/Medicaid
FQHCs
federal and state-based programs

144
Q

examples of gov’t power to act in interest of public health

A

mandatory vaccination
mandatory reporting
public health regulations

145
Q

examples of gov’t having few duties and rarely liability for failing to protect health and safety

A

sovereign immunity
negative Constitution
state-created danger doctrine

Public Health Law & Ethics (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions