Medical Law & EthicsCourse Intro and Learning Plan 1

NAU

ME2500

Week 1

S. Johnston

COURSE INTRODUCTION

LEARNING PLAN 1The US Legal System

PURPOSE OF A LEGAL SYSTEM

Two competing goals:

Protect society from injury

Keep the peace

Determine unacceptable behavior

BLAW WEEK 1

THE U.S. LEGAL SYSTEM

Laws in the United States are created by many different sources, including:

U.S. Constitution State Constitutions U.S. Statutes (Code) State Statutes Case Law County, city ordinances, HOAs, etc

THE US LEGAL SYSTEM

The Constitution divides power among Federal, state, and local authorities.

Those powers are then divided between the Executive, Legislative, and Judicial branches.

Many lower level governmental powers are delegated to government agencies.

Bill of Rights then “checks” governmental power with inalienable rights.

THE US LEGAL SYSTEM: FEDERALISM POWERS

The Constitution amendments and federal laws are superior to all other laws.

No state or local law may violate the Constitution or Federal law. (see Supremacy Clause in Article VI of the U.S. Constitution).

When is federal law supreme?

When is state law supreme?

SOURCES AND HIERARCHY

Common Law v. Codified Law

Civil Law v. Criminal Law

Substantive v. Procedural

CASE ANALYSIS

Review the “Case Analysis” on page 14 of your text.

Answer Questions 1-3 and discuss with your study group.

Prepare to present your thoughts after break.

LEARNING PLAN 1Break

LEARNING PLAN 1Discussion

LEARNING PLAN 1ICP1

Medical Law & EthicsCourse Intro and Learning Plan 1

NAU

ME2500

Week 1

S. Johnston