Legal and Ethical Aspects of Health Information Management- Ch 1

What is the function of the judicial branch of government?
To interpret the law and resolve disputes.
List the four elements of a contract.
Meeting of the minds, Offer, Acceptance, and Consideration.
Statutes governing health information are found at what three levels?
Federal (U.S. Congress), state (individual legislatures), local (city councils and boards of alderman).
Constitution
Written or unwritten law of a nation or state
Statutes
Law written by federal or state and signed by the president or governor.
Ordinance
Law at the local level
Words of authority
Verbs that hold legal meaning
Federal Register
Rules and regulations that are being proposed
Code of Federal Regulations
Final rules and regulations that have the force of the law
Conflict of law
Inconsistency between different jurisdictions over the same legal action issue
Two houses of Legislative Branch
The Senate and The House of Representatives. (Together called “Congress” at the federal level.)
Conflicts between government and private parties
public law.
Conflicts between private parties
private law.
Public law
Defines appropriate behavior among citizens, organizations, and government.
Tort law
Rights between parties that are without a contract.
Private law
Also referred to as civil law because it is dealing with private rights.
Contract
Agreement between two or more parties that makes them obligated to do something in exchange for some kind of consideration.
Law
Establishment of standards for human behavior well defined in a system of principles and processes.
Criminal law
Injurious conduct to the public.
substantive law (part of criminal law)
Criminal law that defines the offense, liability, and punishment.
Tort laws
deal with disputes about rights and duties.
Deeming authority
Compliance with standards of an appoint organization or agency that monitor the standards
Common law
Decision of the courts
Res judicata
Final judgment is rendered and conclusive of the right of the parties and bars further actions on the same claim
Stare decisis
Judicial decisions stand as precedent for future cases
Separation of power
Checks and balances
In criminal law, the plaintiff is always who
the government
Private law is made up of
contract law, intellectual property, tort law
Government agencies are assigned power by
Legislative Branch.
Executive Branch
Enforces and administers law
Legislative Branch
Enacts law
Judicial Branch
Interprets law