Component 1: Introduction to
Health Care and Public Health
in the US
Unit 6: Regulating Health Care
Lecture b: Law
Objectives
• Describe the basic concepts of law in the
United States: the legal system, sources of
law, classification of laws, the court
system, and the trial process
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The Legal System in the US
• Review of concepts
– Three branches of government
• Legislative- consists of the House of
Representatives and the Senate
• Executive- describes the President and his/her
Cabinet
• Judicial- judges and federal courts, as well as the
Supreme Court
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The Legal System in the US
(continued)
– The three branches are separated by there
are checks and balances to ensure one
branch did not have more power than any
other branch:
• Congress passes legislation into law
• The President can veto the law, although Congress
can override the veto with a 2/3rds majority vote
• The President appoints judges, Congress must
confirm
• The President must enforce the law
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Sources of Law
• Law- rules prescribed by a government
that are enforceable.
• Constitutional law- pertain to the US
Constitution and state constitutions
• Statutory law- laws passed by Congress or
the state legislation
• Regulatory law- made by Federal agencies
• Common law- made by judges when they
apply previous court decisions to current
cases. (also called case law)
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Classification of Laws
• Civil Law
– Law dealing with tort, contract, property,
inheritance, family, and corporate law
• Public Law
– 4 different types- criminal, administrative,
constitutional, and international
– These laws deal with relationships between
individuals or individuals and the government
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Classification of Laws (continued)
– These laws carry monetary award (damages)
as compensation for harm or injury:
• Divorce, child custody, auto accidents, slander,
libel, and trespassing
– Contract law- enforceable promises and
agreements between 2 or more people to do
or not do a specific activity.
• Violates contract law by breaching or neglecting
agreement. Both parties must be competent for
contract to be binding.
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Classification of Laws (continued)
• Expressed Contract- oral or written contract that
states the terms of the contract
• Implied Contract- shown through inference by
signs, silence, or inaction.
– Tort law- wrongful act that results in harm to
another person or person’s property. Also
carries monetary award as compensation
• Tort law can involve intentional or unintentional
acts
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Classification of Laws (continued)
• Intentional tort- a person intentionally injures
another person. Examples include assault,
battery, false imprisonment, defamation of
character, fraud, embezzlement, and invasion of
privacy
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Assault- imminent apprehension of bodily harm
Battery- bodily harm or touching without consent
Fraud- an attempt to deceive another
Invasion of Privacy- can occur any time
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Classification of Laws (continued)
• Unintentional tort- can include negligence
– Class action lawsuit- filed by one or more
person on behalf of a larger group
• Laws protect the public from the harmful
acts of others
– Criminal law- when a person is accused of
breaking a criminal law, evidence must be
presented that will show an individual
performed the act beyond a reasonable
doubt.
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Classification of Laws (continued)
– This means there must be some certainty that
the defendant performed the act. If convicted,
the defendant will pay a fine, be imprisoned,
or both.
• Felony– A criminal act that results in a punishment of
death or imprisonment in a state or federal
prison for more than 1 year.
• Includes murder, rape, sodomy, robbery, larceny,
arson, burglary, and tax evasion
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Classification of Laws (continued)
• Misdemeanor
– Less serious than a felony. Include traffic
violations and minor theft. Punishment is a
fine or imprisonment for less than 1 year.
• Administrative law– covers regulations set by government
agencies. Violation can have criminal or civil
penalties
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Court Systems
• 2 Court systems
– Federal
– State
• Jurisdiction– This refers to the court’s power to hear a
particular case. If state laws are broken, then
state court’s hear. If federal laws broken, then
federal courts hear. Federal courts hear
cases that extend to more than one state.
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Court Systems
• Grand jury
– These individuals hear evidence about a
criminal case, then determine if there is
enough evidence for a trial.
– These hearings are held behind closed doors.
– The grand jury votes to indict the defendant.
• Litigation
– This is a lawsuit
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Court Systems (continued)
• Appellate Court System
– Appeals court
– This court does not bring all the parties back
and redo the trial. Instead, this court reviews
the transcripts from the trial to ensure the
original trial was fair and correct.
– The judge can affirm, reverse, or modify the
original decision.
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Court Systems (continued)
– Subpoena
• The court sends out a document that requires a
person or documents to appear during a trial
– Expert Witness
• When the subject matter is beyond the knowledge
of the judge and the jury, an expert in a particular
subject can be called to testify about that subject
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