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HCA 340 MIDTERM REVIEW PLUS QUIZZES-4.
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HCA 340 MIDTERM REVIEW PLUS QUIZZES-4.
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Chapter 1Government, Law, and Ethics
Citing a Case
• Court decision (note that no part of entry is italicized)
– United States v. Nixon, [volume]418 [legal reporter]U.S. [page number]683 [year of
decision](1974).
– Harper & Row v. Nation Enterprises. 471 U.S. 539. (1985). Retrieved from
http://supreme.justia.com/us/471/539/case.html.
– Cite in text: (Harper, 1985)
Government Organization
• Legislative Branch
• Executive Branch
, • Judicial Branch
Executive Judicial
Legislative
Write laws Implement & Enforce Laws INTERPRET Laws
Enact, amend, or repeal Laws Veto Laws Apply Laws
Declare War Commander-in-Chief Armed Forces Declare laws unconstitutional
Confirm Justices
Enact Taxes & set the budget Appoint Justices Compel Testimony $
State Court (California) $
• Small Claims, Municipal, Superior Courts
– Final Judgment (Trial, Summary Judgment)
– Appellate Courts
• Supreme Court
, Laws
• Govern the relationships between private individuals and organizations; and between both of
these parties and government.
Categories of Law
• Public Law
– Deals with the relationships between government and individuals.
• Private Law
– Deals with relationships among individuals.
Sources of Law
, 1. Common Law
– derived from judicial decisions.
2. Statutory Law
– written laws
3. Administrative Law
– public law, rules & regulations issued by administrative agencies to direct the enacted
laws of the federal and state governments. Note that agency’s authority is limited.
Common Law Principles
• Precedent:
– a judicial decision that may be used as a standard in subsequent similar cases.
• Res Judicata:
– means the thing is decided—refers to that which has been previously acted on or decided
by the courts
– Like the prohibition of double jeopardy
• Stare Decisis:
– common-law principle meaning let the decision stand.
– based on similar cases and fact patterns.
Administrative Procedures Act - II
• Provides legal remedies for those wronged by agency actions.
– Exhaustion of administrative remedies
• Rules & regulations established by administrative agency must be administered within scope of
authority delegated Congress.
– Beyond scope of authority
– Arbitrary and capricious
Review questions chapter 1
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