Presentation Transcript

1. LEGAL SYSTEM

   Get out your textbook and be prepared to investigate and respond!
2. Look at the graphic on pg. 2 Q: What are the two highest courts called? A: U.S Supreme Court and State Supreme Court
3. Look at the graphic on pg. 2 Q: Name one thing that only the U.S. Supreme Court can do: A: Decide lawsuits between states And decide appeals from state Supreme Courts
4. Legal System Federalism –3 separate branches of the government Checks and Balances Executive – President & Cabinet – enforces the law Legislative – Elected (Congress) makes law Judicial – interprets the law
5. Sources of Law Constitutional Statutory Administrative Common / Case law
6. Look it up in your book! Which source/type of law is the Nurse Practice Act an example of? Statutory Law
7. Explanation of Sources Statutory Enacted by the legislative branches of government and passed by Congress. Also called Statutes. In the state of Washington, the primary source of statutory law is called the REVISED CODE OF WASHINGTON, also referred to as the RCW.
8. Look it up in your book! Washington State Constitution is what type/source of law? Constitutional Law
9. Explanation of Sources Constitutional Based on U.S. Constitution or each state’s Constitution Provides organizational framework of a system of laws or principles that govern a nation, a state, a system, a corporation, or some other organization.
10. Look it up in your book! The State Board of Nursing would fall under which type/source of law? Administrative Law
11. Explanation of Sources Administrative Law Made by agencies, like –Food and Drug Administration, OSHA Agencies are Empowered by legislative bodies to implement a set of laws unique to area of expertise
12. Look it up in your book! Court case decisions embody which type/source of law? Common/Case Law
13. Explanation of Sources Common Law / Case Law Based on Published Court decisions Common/Case law is an important source of guidance for others who may be in similar circumstances because it serves as legal precedent in the jurisdiction where the decision was made.
14. Classification of Laws Civil Criminal
15. CIVIL: Civil branch of law refers to nearly everything outside of criminal law Civil Tort system based on “a wrong” act by one individual upon another (i.e. negligence) Contract Law – enforceable promises and agreements between two or more persons.
16. CRIMINAL: Nearly All Criminal Offenses are “Statutory” Laws pertaining to crimes are in the State’s Statutes Criminal Law – to protect the public as a whole from the harmful acts of others. Include Felonies and Misdemeanors
17. Regulatory Agency Laws govern: Healthcare Related -Licensing and supervision Prescription, storing, controlled substances -Health department regulations, including communicable diseases -IRS regulations -Regulations against homicide, euthanasia, assault, and battery -Regulations against fraud
18. Court System Federal: from lowest to highest court District Court of Appeals U.S. Supreme Court State: from lowest to highest court District State court of appeals State supreme court

19. Lawsuits and Legal Processes

20. Look it up in your book! Q:If a party (plaintiff or defendant) loses a case at the lowest court level, which court can that party appeal to? A: The Appeals Court
21. Look it up in your book! (pg. 4) Q:Imagine someone decides to sue you for something. What might you expect to be served with after the person suing you files his/her complaint at court? A: Served with notice of lawsuit by a SUMMONS
22. Look it up in your book! Q: If a person has been deprived of a life, liberty, or property interest, his/her ________ ___________ rights have been violated. A: Due Process

23. Final Thought

    If you ever have to testify in court. . .
24. Testifying in Court ALWAYS tell the truth Be professional Remain calm Do not answer a question that you don’t understand Just present the facts surrounding the case Do not memorize testimony ahead of time