Handout#2 summer 2018.pptx - Legal and Ethical Aspects in...

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Legal and Ethical Aspects in Health Sciences(GEN 308)Handout#2:Court Systems and Legal ProceduresJudicial Process of Health InformationCourse Learning Outcome {1,2}Resources»RequiredText Book:Legal and Ethical Aspects of Health Information Management, Dana C. McWay(2010),Book w/Multimedia(CD, DVD or Electronic)ISBN 13:9781435483309,ISBN 10:1435483308.»Additional Requirement:http://Internet Resources:1
1.Court Systems and Legal Procedures2.Judicial Process of HealthInformation2
Hierarchical StructureSupreme CourtAppellate CourtDistrict Court (Major Trial Court)County Court (Minor Trial Court)1.Court Systems3
Trial CourtsTrial Courts: listen to testimony, considerevidence, and decide the facts in disputedsituationsIn a CIVIL case the party bringing the case iscalled theplaintif. In a CRIMINAL case thegovernment serves as the prosecutor.4
Trial CourtsAdversarial System: allows opposing partiesto present their legal conflicts before animpartial judge or juryInquisitional System: a method for handlingdisputes in which the judge is active inquestioning witnesses and controlling courtprocesses5
What does a Judge actually do??Judges- preside over the trial- make sure the attorneys follow the rules- instructs the jury on the law- can sentence individuals6JuriesTo serve on jury you must….Be a US citizenAt least 18 years oldBe a resident of the stateBe able to speak and understand English
Appeals CourtsIn anappeals court, one party presentsarguments asking the court to review thedecision of the trial court.No juries, no witnesses, no new evidenceAn appeal is only possible when there is a claimthat the trial court committed anerror in law: e.g.occurs when the judge makes a mistake7
Supreme CourtAll courts must follow Supreme Court decisionsThe majority of cases appealed to the SupremeCourt come from prison inmatesIf the court decides to hear a case….Both sides write briefs about how the case shouldbe decidedOral Arguments (each side gets 30 minutes topresent their case)The justices meet in secrecy to decide the case andwrite opinions8
Misc. CourtsJuvenile courtsSmall claims courtsCourts of industrial relationsTax courtsCustoms courtsCopyright and patent courtsBankruptcy courtsMilitary courtsWorkers compensation courtsRegulatory agencies have judicial bodies9
2.Court Procedures2.Court ProceduresEach client is represented by an attorney although a client isallowed to represent herself (called “pro-se”).Court systems developed around the common law concept of“due process” which requires adequate notice and a fair andimpartial hearing.

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