Sources of Law
This source of law is created by legislatures at the federal or state level.
What is statutory law?
Most health law cases begin in this level of court.
What is a trial court?
The number of U.S circuit courts.
What is 13?
These agencies are part of the executive branch and enforce health laws.
What are administrative agencies?
This concept refers to a court’s authority to hear a case.
What is jurisdiction?
Name a type of law that is developed through court decisions rather than statutes.
What is common law?
This court reviews decisions from lower courts for legal errors.
What is an appellate court?
Power level, to regulate the practice of medicine and licensing of hospitals.
What is state level?
This federal agency regulates drugs and medical devices.
What is the FDA?
This doctrine supports consistency and predictability in the legal system by adhering to precedent.
What is stare decisis?
Rules created by administrative agencies to implement statutes.
What is administrative law?
The highest court in the United States.
What is the Supreme Court?
Legislative role is responsible for creating laws across an array of issues , thus lacks these two factors
What is time and expertise
This process allows agencies to create legally binding rules.
What is rulemaking?
This legal principle requires courts to follow prior judicial decisions when similar issues arise.
What is precedent?
This source of law comes directly from the U.S. Constitution or state constitutions.
What is constitutional law?
This type of court decision sets precedent for future cases.
What is a published appellate decision?
Constitutional framers used this tone of language when creating the constitution.
What is negative?
This type of agency action involves resolving disputes or enforcing rules.
What is adjudication?
This legal mechanism allows individuals to challenge government action.
What is judicial review?
The body of law that governs relationships between individuals and organizations, including health care providers.
What is civil law?
The legal principle requiring lower courts to follow decisions of higher courts.
What is stare decisis?
The historic Supreme Court case Marbury vs. Madison, this created what type of review
What is power of judicial review
Courts give this level of respect to reasonable agency interpretations of statutes.
What is judicial deference?
The legal principle that limits government action to powers granted by law.
What is the rule of law?