Answer the Discussion Board board questions in paragraph form .
1. What are the three branches of government? Why is it necessary to separate the government in this way?
2. What are the three levels of the judiciary? And, what is the name of the highest court in the United States?
2) APA citation is required.
From the Constitution to the Courtroom
All laws in the United States flow from the Constitution. This chapter explains the basis for a federalist system of government: the federal government concurrently existing with state government. Students will learn that federal and state governments each regulate different aspects of the health care industry and, in some instances, both governments regulate.
The discussion of the Constitution includes the Supremacy Clause, which tells us that federal law will govern if there is a conflict between federal and state law. Also explained in this chapter is the federal government’s division into three branches: the executive, the legislative, and the judiciary.
The judicial branch of law, both in the federal and state governments, is responsible for settling legal disputes. Students may be surprised to learn that only a small percentage of the malpractice lawsuits go to trial. Each lawsuit that does go to trial follows certain phases of development. From the time the alleged negligence occurs to the time the case goes to trial, both sides are involved in discovery, which is a form of legal investigation. Students will learn that the outcome of the investigation may be to decide that there is no case, to settle, or to take the matter to a judge or a judge and jury. This chapter discusses that, after a case has been tried, either side may appeal.
And, finally, this chapter discusses that an individual who is a party or a witness in a trial undertakes extensive preparation. Students will learn that time should be spent with counsel preparing the questions and answers that the attorney will ask, as well as anticipating those of the other side.