Handout#2 summer 2018.pptx - Legal and Ethical Aspects in Health Sciences(GEN 308 Handout#2 Court Systems and Legal Procedures Judicial Process of

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

This preview shows page 1 - 11 out of 32 pages.

Legal and Ethical Aspects in Health Sciences (GEN 308) Handout#2 : Court Systems and Legal Procedures Judicial Process of Health Information Course Learning Outcome {1,2} Resources » Required Text 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 Procedures 2. Judicial Process of Health Information 2
Hierarchical Structure Supreme Court Appellate Court District Court (Major Trial Court) County Court (Minor Trial Court) 1. Court Systems 3
Trial Courts Trial Courts : listen to testimony, consider evidence, and decide the facts in disputed situations In a CIVIL case the party bringing the case is called the plaintif . In a CRIMINAL case the government serves as the prosecutor . 4
Trial Courts Adversarial System : allows opposing parties to present their legal conflicts before an impartial judge or jury Inquisitional System : a method for handling disputes in which the judge is active in questioning witnesses and controlling court processes 5
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 individuals 6 Juries To serve on jury you must…. Be a US citizen At least 18 years old Be a resident of the state Be able to speak and understand English
Appeals Courts In an appeals court , one party presents arguments asking the court to review the decision of the trial court. No juries, no witnesses, no new evidence An appeal is only possible when there is a claim that the trial court committed an error in law : e.g. occurs when the judge makes a mistake 7
Supreme Court All courts must follow Supreme Court decisions The majority of cases appealed to the Supreme Court come from prison inmates If the court decides to hear a case…. Both sides write briefs about how the case should be decided Oral Arguments (each side gets 30 minutes to present their case) The justices meet in secrecy to decide the case and write opinions 8
Misc. Courts Juvenile courts Small claims courts Courts of industrial relations Tax courts Customs courts Copyright and patent courts Bankruptcy courts Military courts Workers compensation courts Regulatory agencies have judicial bodies 9
2. Court Procedures 2. Court Procedures Each client is represented by an attorney although a client is allowed to represent herself (called “ pro-se ”). Court systems developed around the common law concept of “due process” which requires adequate notice and a fair and impartial hearing.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture