...Legal Aspects of U. S. Health Care System Administration Lillie Cox Dr. A. M. Miller HSA 515 Health Care Policy, Law, and Ethics October 31, 2014 Legal Aspects of U. S. Health Care System Administration In the United States health care administration, there are lots of health laws, such as federal, state and local. The administrator will need to know these laws, because they will be interacting with top professionals at all levels. The health administrator is new to Well Care Hospital, and the hospital for the past six months has been under scrutiny for breach of medical compliance. It is important that the top administrator be concerned about the importance of his or her conduct within the health care setting; compromise the boundaries of ethics and medical conduct. This paper will also discuss the four elements required of a plaintiff, to prove medical negligence and the duties of the health care governing board in mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board manifesto. As the top health administrator, professional conduct is very important. The staff is to conduct themselves likewise. There is no room for a lot of playing around, because patients, family members, hospital directors, and the administrators are depending on each and everyone to set their difference aside, and be the professional they are. According to Wolper...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LaMeka Wright Strayer University LEG 500 June 11, 2014 Samuel Christian, Jr. Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Being a worldwide successful company takes a lot of hardworking individuals to make this happen. When running a successful company, you will want to make sure you are functioning in an ethical manner and are abiding by the law. “PharmaCare is one of the world’s most successful pharmaceutical companies with a reputation as a caring, ethical, and well-run company that produced high-quality products that saved millions of lives and enhanced the quality of life for millions of others” according to the scenario. However, there has been some unethical behavior going on that involves issues relating to marketing and advertising, intellectual property, and regulation of product safety. This paper will discuss some ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety; argue for or against Direct-to-Consumer marketing by drug companies; determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could/should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies; decide whether PharmaCare’s use of Colberian intellectual property would be ethical in accordance...
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...Introduction The global legal system is a very complicated and vague network of international, state, and non-government bodies. Each organization influences each other, but it is evident that the United States holds a singular importance in the system. Ever since the country entered the global stage, a far change from its beginnings as a nation with expressed neutrality, it has continuously played a growing part. The United States is able to play a part in the global legal system through its large influence in foreign affairs. Considered the current hegemon, it has been able to for simplicity sake dictate through its many outlets its preference of a legal system. They have been successful in this agenda with the assistance of the powerful Department of Justice, their numerous government agencies, as well as with the influence of American economic and humanitarian programs, among others. This paper will try to explain the United States’ power and influence of the global legal system, through practices such as transgovernmentalism and positive comity as well as by such bodies as the United States Supreme Court, the Department of Justice, the State Department, and the U.S. Agency for International Development. Also investigated is the United States’ role with international bodies such as the International Criminal Court, an organization that America disagrees with and has refused to join. Some questions however remain; through its global programs and...
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...Law Opinion The United States legal system developed a branch that has three divisions between state and federal law. The three government branch include legislative, executive, and then judicial. These three branches will all play an important role in both legal and creation system laws. The U.S law practices foundations were created based on the English common law. Although there are many factors that must be consider and acknowledge before lawmakers reviewed and executed in writing. The first branches are known as legislative, which has known to be established by an article 1 of the constitution, and full of consistent within the white house of representative and the senate. This branch has the authority by the constitution to pass the legislation and to be signed by the U.S President, which the bill must pass through the Senator and the House of Representative with the majority vote. However, the U.S President can anytime veto the bill to be overridden by passing it through the House of Representative and the Senator with at least two no less of the majority vote. Second branch is known as the executive, which includes the President who reacts as the state leadership and the chief commander of the army forces. Although this branch is part of the government law enforcement agencies, the President is responsible for all implementing and enforcing by all laws that is created by the Congress, federal agencies, and also the Cabinet. “The Cabinet and independent federal agencies...
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...Chapter 07 The International Legal Environment: Playing by the Rules True / False Questions 1. | The form of law found in the United States and England is classified as civil or code law. True False | 2. | The form of law found in Germany, France, and Japan is called civil or code law. True False | 3. | Common law is based on an all-inclusive system of written rules of law. True False | 4. | Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal. True False | 5. | Islamic law prescribes specific patterns of social and economic behavior for all individuals. True False | 6. | Code law prohibits the receipt and payment of interest on loans. True False | 7. | In Marxist–socialist societies, law is subordinate to prevailing economic conditions. True False | 8. | The World Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...U.S. Immigration law falls under the umbrella of the federal government and determines whether defined by the Immigration and Nationality Act of 1952 (INA) as “any person who is a person is an alien, as well as his legal rights, duties and obligations while in the U.S. An alien was not a citizen or a national of the United States.” U.S. Immigration law further oversees all the processes under which aliens my enter the U.S., gain residence, and/or become a naturalized citizen, wherein they obtain full citizenship rights. It includes a regulatory body which deals with who may enter the U.S., how long visitors may remain and when they must be evicted. Title 8 of the U.S. Code contains the U.S. federal Immigration Laws and 28 U.S.C. § 1251 of the U.S. code describes the jurisdiction individual states have. Congress maintains total authority over U.S. Immigration, while the President’s authority is restricted to refugee policy. The U.S. courts generally stay out immigration matters, unless constitutional rights are at issue. The duties of enforcing U.S. Immigration laws are shared by different agencies. While many people are familiar with the INS (Immigration and Naturalization Service), it actually no longer exists, as it was replaced by the Department of Homeland Security (DHS) in 2003. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Enforcement (CBE) are the agencies within DHS which now handle the...
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...The Political, Legal, and Technological Environment Learning Objectives and Chapter Summary |1. |INTRODUCE the basic political systems that characterize regions and countries around the world and offer brief examples of | | |each and their implications for international management. | | | | | |The global political environment can be understood via an appreciation of ideologies and political systems. Ideologies, | | |including individualism and collectivism, reflect underlying tendencies in society. Political systems, including democracy| | |and totalitarianism, incorporate the ideologies into political structures. There are fewer and fewer purely collectivist or| | |socialist societies, although totalitarianism still exists in several countries and regions. Many countries are | | |experiencing transitions from more socialist to democratic systems, reflecting related trends discussed in Chapter 1 toward| | |more market-oriented economic systems. | |2. |PRESENT an overview of the legal and regulatory environment in which MNCs operate worldwide, and highlight differences in | | |approach to different legal and regulatory issues...
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...Law Opinion ‘“Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.” Albert Einstein The United States Constitution has been serving as the foundation for the United States government since 1787, and the U.S. constitution is viewed as the “supreme law of the land” (law.jrank.org, n.d.). Laws have been created as a result of Congress and state legislature and follow a strict and thorough process in order to be approved as a law. Common law is present in our modern system and makes up most of our basic laws in the United States. The Supreme Court, which was created in 1790 through the United States Constitution accompanied by the Judiciary act of 1789, is the highest court in the United States. Generally, the system that the United States use today adopted the structure of Europe. Throughout history, Britain has had a significant part in the structure of the American legal system as well as the law created in the United States. Laws As briefly discussed in the introduction, the United States Constitution is the ultimate law of the land, and any laws created falls under the U.S. Constitution without contradiction. There are three branches of the government that deals with the laws, which are the executive branch, the legislative branch, and the judicial branch. The executive branch ensure “that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government...
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...Hofmeister University Of Phoenix BUS 415 David Cory June 9, 2009 Role of the United States Constitution Paper The Constitution of the United States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law, treaties, ordinances, statutes and executive orders. Common...
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...Japanese Political and Economic Systems Jorden Beale Thomas Edison State College July 1, 2016 With a population of 127.1 million people, Japan is ranked third in terms of nominal GDP as of 2015. It is a country of ever evolving political and economical systems. Globalization has played a large part in the development in Japan's economy and stability. This island located in the Pacific ocean to the West of the United States, Japan has been heavily impacted by both American culture and politics. The geography of Japan makes it easily accessible to other Asian and Mediterranean countries as well, helping Japan grow in trade even further. Compared to the U.S., Japan has had a very different political systems, legal systems, economic developments, global economic changes, and economic transitional methods. Japan has been a democracy since 1947. Democracy was one of the terms of surrender after WWII, and the United States helped Japan rebuild after the war. Currently, Japan has two houses of parliament that is responsible for governance. From the majority party, a prime minister is elected via vote within the parties. This is different from the U.S., where popular vote tends to have a direct sway in who is elected as leader. The current prime minister is Shinzo Abe of the Liberal Democratic Party (LDP). The Liberal Democratic Party is known to be the more conservative party and they also held power in Japan from 1955 all the way to 1993...
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...Chong needs to evaluate a proposal made by the Mayor of Kang, which might be considered bribery. In this case, Mr. Chong faces social and ethical challenges that may affect the company’s operations, performance, and competitiveness in the region as well as Mr. Chong’s career. The major social issues include those related to law, culture, and ethics. The report also analyzes anti-bribery corruption enacted by the U.K Bribery Act and the U.S. Foreign Corrupt Practices Act (FCPA). The report concludes with recommendations to Jextra such as seeking proper legal advice, implementing an effective business code of conduct, providing inter-cultural and ethics training to managers, using a geocentrism approach and conducting an internal investigation for the Malaysian category manager. Analysis Social, Ethical, or Legal Challenges International firms operating abroad often face social challenges because they operate in markets with different legal and political systems (Daniels, Radebaugh, & Sullivan, 2010, p. 111). Each country has a legal system that provides “the rules that regulate behavior, the processes by which laws are enforced, and the procedures used to resolve grievances” (Daniels, Radebaugh, & Sullivan, 2010, p. 111). In the case of Malaysia, the country relies...
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...CJA/224-Introduction to Criminal Courts Systems July 13,2015 Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner. There are four ultimate functions of the court system. First, upholding the...
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...The issue at hand is the amount of Illegal immigrant children in the United States (U.S.) who will soon age out of the foster care system. These children accompany their parents to the U.S leaving behind extended family that under normal circumstances would have been a source of support with regard to childcare, financial assistance, etc...Others come to the United States searching for family that, before having left their home country, had played an active part in their rearing. It’s not until they age out of the foster care system that they become aware of their precarious situation. They are unable to pursue secondary education without financial aid. The children are also unable to obtain a drivers license or apply for employment for lack of required documents. They age out of the foster system and immediately enter the welfare system. If we do not help these children they will end up working illegally and will turn to crime and drugs on the street. Why wouldn’t we help them? They are after all citizens of the United States of America. Some of the children came with their parents and some were even born here! They do not have the legal documents to allow them to live here. The parents did not pursue their children’s rights here in this country out of fear or deportation. They are entitled to all of the benefits that this country has to offer. Many of the children have been in the U.S. for most of their lives and have lost touch with the family or culture they were born...
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...Wk1 – DQ1 What is one way the U.S. legal system impacts U.S. businesses? Only one, as a business owner I have experienced a multitude of ways the legal system has an impact on U.S. businesses. The first one that comes to mind is setting up the ownership and organizational structure of a business. When an individual or a group of individuals is considering going into business they need to understand all the different ownership structures that can be established. There is a sole proprietorship (SP), general partnerships (GP), limited partnerships (LP), limited liability partnerships (LLP), limited liability company (LLC), s-corporations (S-Corp), and corporations (Corp). I'm sure there is a few more that I forget to mention. But, each one of these structures offers different advantages and disadvantages when considering setting up there structure. I have personally been involved with operating a SP, LLC, and an S-Corp. I'm a fairly simple person, so I describe setting up a company this way. If you’re looking for an easy low cost option and you’re not concerned with limiting your personal liability, then a SP is the way to go. If you are operating with a group of individuals, it can be as few a two, then I would suggest setting up an LLC. There are many choices of course, but this form of ownership has many advantages. They offer the best of a GP, LP, and Corp. LLC's can elect to be taxed as a partnership, which basically means the taxes flow to the owner’s personal tax returns...
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