INTRODUCTION TO LAW. CHARACTERISTICS OF LAW Law is: a mechanism and sequence for establishing policy. a mechanism and sequence for establishing policy.

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Presentation transcript:

INTRODUCTION TO LAW

CHARACTERISTICS OF LAW Law is: a mechanism and sequence for establishing policy. a mechanism and sequence for establishing policy. a mechanism for settling individual disputes between citizens over issues that matter greatly to them but maybe not to society. a mechanism for settling individual disputes between citizens over issues that matter greatly to them but maybe not to society.

CHARACTERISTICS OF LAW Law is: the historic and evolving collection of judicial decisions, administrative law, statutes, regulations, and recognized standards found in legal books and materials. the historic and evolving collection of judicial decisions, administrative law, statutes, regulations, and recognized standards found in legal books and materials.

CHARACTERISTICS OF LAW Law is: the sum total of rules and regulations by which society is governed. It is man-made, and it regulates social conduct in a formal and binding manner. It reflects society’s needs, attitudes, and morals. the sum total of rules and regulations by which society is governed. It is man-made, and it regulates social conduct in a formal and binding manner. It reflects society’s needs, attitudes, and morals.

Private Law (Civil Law) TORT Preponderance of evidence CONTRACT

Public Law (Criminal Law) REGULATIONS

SUBSTANTIVE LAW “Facts” PROCEDURAL LAW “Legal Process ”

SOURCES OF LAW COMMON LAW: Principles derived from judicial decisions (case law.) STATUTORY LAW: Derived from federal and state agencies (constitutional law.)

SOURCES OF LAW ADMINISTRATIVE LAW: Prescribed by administrative agencies. ADMINISTRATIVE LAW: Prescribed by administrative agencies. OTHER: JCAHO OTHER: JCAHO

Res Judicata-”thing is decided” Stare Decisis-”let the decision stand”-precedent. ArbitraryCapricious

ARBITRARY Acting without reason; unilateral decision.

CAPRICIOUS Acting on impulse, whim, willful, deliberate, at one’s pleasure.

REASONABLENESS That degree of skill and knowledge customarily used by a competent health practitioner of similar education and experience in treating and caring for the sick and injured in the community in which the individual is practicing or learning his profession.

North Carolina General Statute Standard of Health Care In any action for DAMAGES for personal injury or death arising out of the furnishing or the failure to furnish professional services in the performance of medical, dental, or other health care, the defendant shall not be LIABLE for the payment of damages unless the tier of fact is satisfied by the greater weight of the evidence that the care of such health care provider was not in accordance.

North Carolina General Statute Standard of Health Care With the STANDARDS OF PRACTICE among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the CAUSE OF ACTION.