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Midterm Exam - Essay Example

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Name: University; Course: Tutor: Date: Identify all of the sources of law in the American legal system, and include, in your response, a brief description of each source that you list, as well as an example of each. Constitutional law Constitutional law is founded on an official document that explains broad powers…
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Download file to see previous pages Regulation (federal law and federal register) Regulations are federal agency rules published in the proposed and final form. Regulations appear in the federal register first and finally organized and published in the code of federal regulations. For illustration, one must not vend Christmas trees or pumpkins grown outside Minnesota city limits (Snyder, para 5). Common law Common law is founded on the concept of precedence with regard to how courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to prior cases having similar facts so as to reach a decision by analogy. An example of common law is that minority shareholders cannot bring actions against a company. The reference case for this common law was forth in the Foss v Harbottle (1843) case. Administrative law Administrative law is made by administrative agencies that define the intentions of the legislative body that passed the law. Administrative agencies are created by statute and charged with regulating a given area of conduct. For illustration, the federal Food and Drug Administration regulates safety of drugs by necessitating pharmaceutical corporations to abide by testing and reporting procedures. Statutory law Statutory laws are enacted by the American parliament and are published in various formats such as statutory codes or session laws such as criminal laws. Pozgar (19) defines statutory law as written laws emanating from a legislative body whose rules and principles are set in hierarchical order. An example of an American statute law is the section 1 of the fourteenth amendment to the United States constitution that states that all persons naturalized or born in America subject to the jurisdiction are citizens of the United States and of the state where they reside. Explain the importance of the standard of care in the context of a medical malpractice case, and describe what type of evidence is typically required to prove a breach of the standard of care by the defendant doctor. The standard of care phrase is a legal model with a clear expression, which may be expansive or specific. Generally, standard of care in medical practice is the level at which an normal, cautious expert with the same education would practice under similar conditions. Standard of care does not essentially mean perfect care. However, many doctors take the concept of standard of care to mean best practice. Therefore, any care that digresses from best practice is prima facie the failure to meet the standard of care. Failure to meet the standard of care in a medical care context amounts to medical misconduct. The standard of care is significant in the context of medical malpractice as it determines the extent of negligence needed to affirm applicable grounds of action (Pozgar, 386). Medical malpractice litigation is regulated and governed by the tort law. In order to succeed in a medical malpractice claim, the plaintiff has to prove beyond reasonable doubt that the medical service provider (defendant) owed a duty of care to the plaintiff (Pozgar, 116). Expert witness testimony is needed to demonstrate negligence by the medical practitioner. In some instances, actual negligence may not be proved such as when a patient was unconscious during a surgical operation. The plaintiff has to establish adequately that the defendant violated this duty by ...Download file to see next pagesRead More
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