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Sources of Law in The United States Management Essay (Essay Sample)

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2/11/20, 9(46 PM https://tlc.trident.edu/content/enforced/153649-MHA530-2020FEB1…lSessionVal=x59WX7yJ5hsCrptugN8GA2E7P&ou=153649&d2l_body_type=3 Page 1 of 2 Module 1 - Case THE FOUNDATION OF HEALTH CARE LAW AND ETHICS IN THE UNITED STATES Assignment Overview This assignment gives students the opportunity to review and dissect a legal decision—to identify its different elements, the types of laws involved, and the basis for the decision. For this assignment, be sure to carefully read Chapter 1 from the textbook as well as the court case below, Simkins v. Moses H. Cone Memorial Hospital. You may need to do additional research for the final question to support your analysis. Simkins v. Moses H. Cone Memorial Hospital, 323 F. 2d 959 (1963). Retrieved from https://www.leagle.com/decision/19631282323f2d95911029 Case Assignment After carefully reviewing the required readings, answer the following questions. Copy the questions directly from the assignment and answer them each separately. 1. Identify and explain the four sources of law in the United States and give an example of each. 2. What is the citation for the Simkins case? Label each part of the citation. 3. Define what majority and dissenting opinions are. Identify who drafted each for this case. 4. At what level of the judiciary was this case decided? 5. Identify and explain the legal statute that was examined in this case and its relevance. 6. Constitutional law was also a factor in the decision. Identify and discuss the amendments that were addressed and their importance to this case. Listen 2/11/20, 9(46 PM https://tlc.trident.edu/content/enforced/153649-MHA530-2020FEB1…lSessionVal=x59WX7yJ5hsCrptugN8GA2E7P&ou=153649&d2l_body_type=3 Page 2 of 2 Privacy Policy | Contact 7. The reach of this case was limited. Why is that? 8. Explain the relationship of ethics to this decision. Be sure to identify relevant ethical principles. 9. What is the relevance for health administrators in studying a case such as Simkins? There is no one answer for this, but be sure to provide your critical analysis and support it with reliable sources. Assignment Expectations 1. Conduct additional research to gather sufficient information to justify/support your analysis. 2. Limit your response to a maximum of 4 pages (title and reference page is not included in page number count). 3. Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals: Angelo State University Library. (n.d.). Library guides: How to recognize peerreviewed (refereed) journals. Retrieved from https://www.angelo.edu/services/library/handouts/peerrev.php 4. You may use the following source to assist in formatting your assignment: Purdue Online Writing Lab. (n.d.). General APA guidelines. Retrieved from https://owl.english.purdue.edu/owl/resource/560/01/ 5. For additional information on reliability of sources, review the following source: Georgetown University Library. (n.d.). Evaluating internet resources. Retrieved from https://www.library.georgetown.edu/tutorials/research-guides/evaluatinginternet-content 6. This assignment will be graded based on the content in the rubric.

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Content:


Simkins Case
Student’s Name
Institutional Affiliation
Simkins Case
Sources of Law in The United States
Laws are the rules that guide the behaviors of people and are intended to maintain law and order. They provide avenues for resolving disputes and ensure that there is justice, peace, and a well-functioning society. There are four main primary sources of law in the United States, which are the state and federal constitutions, the state and federal statutes, administrative regulations, and case law (Sources of Law in the United States, n.d.). The constitution is the fundamental source of law. It is a charter that establishes the government and the rules under which the government must run. The state constitution is also used as a source of law and may grant greater rights than those secured by the federal constitution. The second source of law in the American legal system is the federal and state statutes. These are statements of law enacted by the state or federal legislatures (Hage, 2017).
The statutes passed by the legislature are categorized into subjects and published in a code. Court opinions are also used as sources of law. The courts interpret policies or laws created by the legislature and the executive arm of government. The statutes that are deemed unconstitutional by the courts are not applicable. While the courts can create common law, the legislature has the power to amend or abolish these laws. The fourth source of law is administrative regulations, which arise from agencies created by legislative action and operate under the executive arm of government. The agencies regulate statutorily specific areas of law.
Citations for Simkins Case

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