Hea470 Quiz 1

No Comprehensive way to define "The Law"

Set of Conglomerate of all laws in all the jurisdictions, consitutions, statutes and regulations

Legal process in which laws are made, enforced and interpreted.

Written laws enacted by legislatures at any level of government

Constitutions are Written legal documents establishing governments

Regulations are Effectively part of a statute and have the full force of law once enacted by a deignated agency according to a specific process.

Described as both interpretations of laws and laws in and of themselves.

i.e. Supreme Court decisions become law for other courts

Legislative: Branch that makes the law

Executive: Branch that enforces the law

Judicial: Branch that interprets the law

Federal: U. S. District Courts, federal trial courts, the 12 U.S. circuit court of appeals, intermediate-level federal appellate courts, and the U. S. Supreme Court which is the supreme appellate court of the legal system

• StateCourts:Appellate– Supreme appellate court and intermediate appellate courts (hear appeals from
• state trial courts)

• Trial Level – Hear all cases first, hear oral testimony, take evidence, and interpret
• the law as it applies to the facts established by the evidence

Function of the Law: Establish Legal Rights

Legal System: Define and Enforce Legal Rights

• “Congress shall make no law respecting an establishment of
• religion, or prohibiting the free exercise thereof; or abridging the freedom of
• speech, or of the press; or the right of the people peaceably to assemble, and
• to petition the Government for a redress of grievances.”

The first amendmenthas been extended to apply to state and local governments as well as the federal government activity after a century of judicial controversy and a liberal reading of the 14th Amendment, and has real meaning today

Basic definition of the powers of government (federal orstate level) is derived from the constitutions that underlie their framework

U.S. Constitution sets out the enumerated powers of the federal government

All powers not explicitly granted by the federal Constitution are retained by the state governments or the people themselves

The states are the primary source of government power in the U.S.

Only through the collective agreement of the Constitution that a federal government with higher authority was created

States gave up their power reluctantly and carefully

T

“The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved for the States respectively, or to the people.” (See page 18.)

True

State governments have extremely broad, inherent powers to act, and these rights or powers are not limited to the exercise of those powers explicitly defined by the state of federal constitutions

Under the American legal system, the state governments may exercise all powers traditionally inherent in government itself

• A state’s powers to govern, known generally as police powers, have proven difficult to
• delineate specifically

Courts have added some specificity, defining the police powers inherent in the state to prescribe, within the limits of the state and federal constitutions, reasonable laws necessary to preserve order and the public’s health, safety, welfare, and morals

• Throughout the years, there have become almost endless ways in which states have chosen to exercise their police powers in matters relating to health or health care with
• courts justifying them as proper exercises of state authority as providing for the public’s health, safety, welfare, or morals