Legal and Ethical Aspects of Health Information Management- Ch 1
What is the function of the judicial branch of government?
To interpret the law and resolve disputes.
List the four elements of a contract.
Meeting of the minds, Offer, Acceptance, and Consideration.
Statutes governing health information are found at what three levels?
Federal (U.S. Congress), state (individual legislatures), local (city councils and boards of alderman).
Written or unwritten law of a nation or state
Law written by federal or state and signed by the president or governor.
Law at the local level
Words of authority
Verbs that hold legal meaning
Rules and regulations that are being proposed
Code of Federal Regulations
Final rules and regulations that have the force of the law
Conflict of law
Inconsistency between different jurisdictions over the same legal action issue
Two houses of Legislative Branch
The Senate and The House of Representatives. (Together called “Congress” at the federal level.)
Conflicts between government and private parties
Conflicts between private parties
Defines appropriate behavior among citizens, organizations, and government.
Rights between parties that are without a contract.
Also referred to as civil law because it is dealing with private rights.
Agreement between two or more parties that makes them obligated to do something in exchange for some kind of consideration.
Establishment of standards for human behavior well defined in a system of principles and processes.
Injurious conduct to the public.
substantive law (part of criminal law)
Criminal law that defines the offense, liability, and punishment.
deal with disputes about rights and duties.
Compliance with standards of an appoint organization or agency that monitor the standards
Decision of the courts
Final judgment is rendered and conclusive of the right of the parties and bars further actions on the same claim
Judicial decisions stand as precedent for future cases
Separation of power
Checks and balances
In criminal law, the plaintiff is always who
Private law is made up of
contract law, intellectual property, tort law
Government agencies are assigned power by
Enforces and administers law
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