Law, the Courts, and Contracts

-The basis of law -The federal government -Legislative branch- write, debate, and pass bills -House of Representatives -Senate -Executive branch- administrating the law -Judicial branch- interprets the law and oversees the enforcement of laws -Executive order- order issued by the President that becomes law without Congressional approval -Checks and balances- the vision of power among the 3 branches of government that keeps any one branch from assuming too much power -State governments- similar makeup as federal government

-Sources of law -Case law- law established through common law and legal precedent -Common law- the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition -Legal precedents- decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation -Statutory law- law passed b the U.S. congress or state legislatures -Administrative law- enabling statutes enacted to define powers and procedures when an agency is created

-Classification of law -Criminal law- law that involves crimes against the state -Felony- an offense punishable by death or by imprisonment in a state or federal prison for more than 1 year -Misdemeanor- a crime punishable by fine or by imprisonment in a facility other than a prison for less than 1 year -Can knowledge of a crime make you guilty? -Accessory- one who contributes to or aids in the commission of a crime, either by a direct act, by an indirect act, by watching and not giving aid, or by concealing the criminals crime -Players in the court scene -Plaintiff- the complaining party in a lawsuit -Prosecution- the government as plaintiff in a criminal case -Defendant- the person or party against whom charges are brought in a criminal or civil lawsuit -Officers of the court -Judges- preside over the court -Attorneys- represents plaintiffs and defendants -Court clerks- keeps court records -Bailiffs- keeps order in the courtroom -Court reporters- makes a running account of all court proceedings -Juries- is chosen to hear the evidence presented in court and render a verdict -Civil law- does not involve crime, but, instead, involves wrongful acts against persons -Tort- a civil wrong committed against a person or property, excluding breach of contract -Intentional torts -Tortfeasor- the person guilty of committing a tort

-Assault -Battery -Defamation of character -False imprisonment -Fraud -Invasion of privacy -Unintentional torts Negligence- an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances

-Assault -Battery -Trespass -Nuisance -Interference with contractionaual relations -Deceit -Conversion -False imprisonment (false arrest) -Defamation -Invasion of privacy -Misuse of legal procedure -Infliction of emotional distress -Fraud

-The court system -Federal courts -State courts

-Jurisdiction- the power and authority given to a court to hear a case and to make a judgment -Contracts- a voluntary agreement between two parties in which specific promises is made for a consideration -Types of contracts -Expressed contracts- explicitly stated in written or spoken words. -Implied contracts- the conduct of the parties, rather than expressed words, creates the contract.

-The physician’s rights and responsibilities A physician has the right, after agreeing to accept an individual as his or her patient, to make reasonable limitations on the relationship.

-The patient’s rights and responsibilities Patients have the right to choose the physician they will see and to terminate a physician’s services if they wish.

-Law of agency- the law that governs the relationship between a principal and his or her agent. Respondeat Superior- latin for “let the master answer.” Means that employers are liable for the acts of their employees performed within the scope of employment.

- Refer to court case -Chiropractor’s outrageous conduct results in trial, p. 66 -Physician sued for negligence, p. 66 -Hospital sued for negligence, p. 67 -Minor appeals for judicial bypass to obtain an abortion, p. 70 -Case tried under Respondeat Superior, p. 79