Law and Ethics Lesson 1 Topic 1 The Legal System and Laws

Reading Read Chapter 2 in Medical Law and Ethics.

Federal Government The legal system in the United States is based on the U.S. Constitution, which created the federal government. The federal government’s powers are divided into three branches: legislative, judicial, and executive. This division prevents any one group from having absolute power. Each group has a different role in upholding the Constitution.

Structure of Legal System The three branches of the federal government and their functions Executive Branch (President and Vice President) Administers and enforces laws Constitution Judicial Branch (Court system) Interprets laws Legislative Branch (Congress and Senate) Creates laws

State Governments Any powers not given to the federal (national) government are given to the states. Example: The federal government administers Bankruptcy Court, while state governments administer medical licensing laws. Each state has its own constitution, similar to the U.S. Constitution.

Sources of Law There are 4 sources of laws Constitutional: laws set out in the U.S. or state constitutions, mostly pertain to governments. Statutory: laws created by either the U.S. or state legislature. Regulatory: statutory laws created by agencies authorized to do so. Common: laws made when judges apply previous court decisions to new situations.

Classification of Laws Private (civil) law Laws concerning relationships between individuals; often involve monetary awards. Major objective=individual compensation Public (criminal) law Laws concerning offenses against the state; meant to protect the public from harmful acts of others. Major objective=deterrence and punishment

Civil Law Civil law includes tort and contract law Tort: wrongful act which causes harm to a person or property. Contract law: concerns breaches of legally binding agreements between two or more parties.

Torts and Contracts Torts may be intentional or unintentional Assault, battery, fraud, and invasion of privacy are intentional torts. Negligence is an unintentional tort. Contracts may be expressed or implied. A signed, written promise to pay a bill is an expressed contract. Describing your symptoms to a doctor and allowing her to examine you creates an implied contract.

Criminal Law Criminal acts fall into two categories Misdemeanors: less serious offenses which can result in fines or jail terms of less than one year. Felonies: serious crimes which are punishable by a jail term of more than a year or death.

Common Legal Terms Plaintiff: Person who brings a lawsuit into court. Defendant: Person accused of a crime. Subpoena: Court order for a person or documents to appear in court. Expert witness: Has special knowledge or experience of a particular field relevant to a court case; is usually a physician in a medical malpractice case.

Summary The U.S. legal system is based on the Constitution. The legal system is divided into the judicial, executive, and legislative branches. State governments receive powers not granted to the federal government.

Summary Continued The four types of laws are constitutional, statutory, regulatory, and common. Private laws concern wrongs against individuals. Public laws involve crimes against the government. Common legal terms are: plaintiff, defendant, subpoena, and expert witness.

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