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HADM 400 Health Care Law EXAM TIPS actual study guide new Athabasca University
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HADM 400 Health Care Law EXAM TIPS actual study guide new Athabasca University
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HADM 400 Health Care LawEXAM TIPS actual study guide
new Athabasca University
,Common Law - --1. law that has been defined as law that has been developed on the basis of
preceding rulings by judges
2. also known as case law or court made law
3. principles that were common to individual decisions provided guidance for other cases
Statute law - --1. acts and regulations, legislation
2. written laws passed by legislature and government of a country and those that have been
accepted by society made by government
3. Canadian federal and provincial parliaments and legislatures pass bills that become statutes
4 Federal and provincial cabinets pass regulations using powers given by statutes.
civil law - --1. A law that governs relationships between individuals and defines their legal rights.
2. Governs within Quebec
3. French model - where laws were written in a legislated code rather than through decisions of
judges
Rules for statute law and common law - --1. when they cover the same ground statute law
takes precedent
2. some aspects of health care delivery remain unregulated or completely regulated by statute
law, and in these situations common law still governs
individuals or other legal entities resort to legal proceedings if they want to: - --1. punish a
breach of the criminal code or other statute (criminal or statutory prosecution)
2. strike down a statute that offends fundamental rights (charter litigation)
3. strike down a statute that a government lacked the legal power to create (constitutional
litigation)
,4. recover money (civil lawsuit)
common types of civil lawsuit in health care - --1. breach of contract (under principles of
contract law) or negligence (tort law)
eg: being touched without prior consent. Action can constitute a battery under tort law. also
considered assault under criminal law.
hierarchy of courts - --supreme court of canada, courts of appeal, trial courts
supreme court of canada - --hears appeals from provincial and federal courts of appeal. Makes
decisions that bind all canadian courts
courts of appeal - --for each province, and for cases that are decided on federal laws, the
federal court of appeal.
trial courts - --superior court, court of queens bench, and the federal trial court. all courts
staffed by judges appointed by a federal government
stare decisis doctrine - --1. legal doctrine that obligates courts to follow historical cases when
making a ruling on a similar case.
2. doctrine of precedent
3. similar cases should be treated alike so as to ensure consistency and certainty in the law
4. stare decisis is a latin term which means to stand by that was decided
legal citation usually consists of - --1. the cases name
2. the year in which the case was decided
, 3. the place in publication where the case can be found
4. the court that decided the case
legal institution - --1. organization connected with the law
2. social practices become institutionalized if they are almost universally accepted and followed
3. sometimes legally recognized relationships and rights are described as legal institutions such
as the institution of marriage, or the institution of private property
constitution - --serves to create (constitute) the legal institutions of a state among other
purposes such as recognizing basic rights and obligations. it is expected to be obeyed by
members of all legal institutions including elected leaders
legislative institutions - --such as parliament, to make laws
executive bodies - --such as cabinet to administer law
judicial institutions - --courts and tribunals to adjudicate legal disputes
separation of powers - --dividing legal functions between different institutions, helps prevent
the accumulation of all legal authority in a single individual or institution such as a dictator
principle of the rule of law - --nobody is free to ignore the law especially the constitution
Hierarchy of Law - --higher courts in a hierarchy can overrule (reverse or overturn) the decisions
of lower ones. it recognizes 2 realities:
1. possibilities of error
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