Legal And Ethical Issues In Healthcare
Hi, I am going to need help with my assignment this week.
Overview of the Federal Court
System Dr. Barbara Cohen, PhD, JD, RN
Federal Court System
• Supreme Court – Highest Court
• Courts of Appeal – Intermediate Level
• District Courts – Lowest Level
District Courts
• Lowest level in the Federal Court System
• 94 judicial districts in 50 states and territories
• No appellate jurisdic on – no appeals are heard here
• Original jurisdic on over most cases – this is where cases are
ini ally heard, where first trials will take place.
• Examples of District Courts:
• Eastern District of New York – in Long Island and Brooklyn
• Southern District of New York – in Lower Manha an
• US District Court for the District of New Jersey (Newark, Trenton
and Camden)
Courts of Appeal
• Intermediate Level in the Federal Court System
• 12 regional circuit courts including the D.C. circuit
• No original jurisdic on – appeals only
• This court does not try cases from the beginning of the case. These
courts hear appeals from the (trial) District Courts.
• Examples of Courts of Appeals
• 1st Circuit Court of Appeals – Maine, New Hampshire, Puerto
Rico, Massachuse s and Rhode Island
• 2nd Circuit Court of Appeals – New York, Connec cut and
Vermont
• 3rd Circuit Court of Appeals – New Jersey, Parts of Pennsylvania,
and Delaware
Supreme Court of The United States
(SCOTUS)
• The Supreme Court is the highest court in the land.
• 9 Jus ces (with the Honorable Jus ce Neil Gorsuch recently filling Jus ce Antonin Scalia’s seat a er Jus ce Scalia’s death.
• Note that Supreme Court appointments are for LIFE. This is to ensure that there is no undue influence on a jus ce for fear of losing his or her posi on.
• The Supreme Court has appeals jurisdic on through the cer orari process (Cases are appealed to the Supreme Court and permission is requested for a hearing. Not all cases are heard.)
• The Supreme Court has limited original jurisdic on of cases between states, between a state and a foreign government and in suits against a foreign ambassador or ministry so as to provide an unbiased court in which to hear these ma ers.
Specialty Courts
• There are quite a few specialty courts in the Federal
Court system in which technical, complex knowledge of
smaller special es is required.
• Examples of specialty courts are:
• Bankruptcy Court
• Admiralty Court/Mari me Court
• Tax Court
• Court of Federal Claims
• Court of Interna onal Tarde
• Court of Appeals for the Armed Forces
• Court of Appeals for Veterans Claims
The State Court System
Dr. Barbara Cohen, PhD, JD, RN
State Courts
• The State Court System hears cases between
people, between people and government and,
between people and en es or corpora ons
such as hospitals or manufacturers.
• State Court systems look different in different
states.
Miscellaneous New York Courts
• New York State Court of Claims – hears claims against the State, for example against State owned hospitals or State thruway authori es
• Family Court – minors, juvenile delinquency, abuse and neglect, adop ons, guardianship proceedings, child support/child custody
• Surrogates Court – probate and related ma ers and concurrent with family court – adop ons.
Become a Spectator
• Court proceedings are generally open!
• Small claims court in New York City makes a
fun evening ou ng!
• NYS Criminal Court Arraignments provide an
interes ng view into our court system
• You can watch NJ Court proceedings on the
web (Supreme Court Arguments)
Week 2 assignments, Legal and Ethical Issue in Healthcare. (Berkeley College)
We will be discussing the jury system this week and seeing if it works or doesn’t. 250 TLP including citation for your sources + at least 2 responses to others is the requirement. Look at the Stella Liebeck Coffee Cup case in the links in the Assignment folder. What do you think of the verdict, the process, the choice of forum (trial/settlement, etc.) Why? What about the bigger societal picture?
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