INTRODUCINTRODUCTION TO TION TO

LAWLAW

CHARACTERISTICS CHARACTERISTICS OF LAWOF LAW

Law is:Law is: a mechanism and sequence for a mechanism and sequence for establishing policy. establishing policy.

a mechanism for settling a mechanism for settling individual disputes between individual disputes between citizens over issues that matter citizens over issues that matter greatly to them but maybe not to greatly to them but maybe not to society. society.

CHARACTERISTICS CHARACTERISTICS OF LAWOF LAW

Law is:Law is: the historic and evolving the historic and evolving

collection of judicial decisions, collection of judicial decisions, administrative law, statutes, administrative law, statutes, regulations, and recognized regulations, and recognized

standards found in legal books standards found in legal books and materials.and materials.

CHARACTERISTICS OF CHARACTERISTICS OF LAWLAWLaw is: Law is:

the sum total of rules and the sum total of rules and regulations by which society is regulations by which society is

governed. It is man-made, and it governed. It is man-made, and it regulates social conduct in a regulates social conduct in a

formal and binding manner. It formal and binding manner. It reflects society’s needs, reflects society’s needs, attitudes, and morals.attitudes, and morals.

Private Law (Civil Private Law (Civil Law)Law)

TORTTORT

Preponderance of Preponderance of evidenceevidence

CONTRACT CONTRACT

Public Law (Criminal Public Law (Criminal Law)Law)

REGULATIONSREGULATIONS

SUBSTANTIVSUBSTANTIVE LAWE LAW“Facts”“Facts”

PROCEDUPROCEDURAL LAWRAL LAW“Legal “Legal

ProcessProcess””

SOURCES OF LAWSOURCES OF LAW COMMON LAWCOMMON LAW: Principles : Principles

derived from judicial decisions derived from judicial decisions (case law.)(case law.)

STATUTORY LAWSTATUTORY LAW: Derived : Derived from federal and state from federal and state agencies (constitutional law.)agencies (constitutional law.)

SOURCES OF LAWSOURCES OF LAW

ADMINISTRATIVE LAW: ADMINISTRATIVE LAW: Prescribed by Prescribed by administrative agencies.administrative agencies.

OTHER: JCAHOOTHER: JCAHO

Res Judicata-”thing is Res Judicata-”thing is decided”decided”

Stare Decisis-”let the decision Stare Decisis-”let the decision stand”-precedent.stand”-precedent.

ArbitraryArbitrary

CapriciousCapricious

ARBITRARYARBITRARYActing without reason; Acting without reason;

unilateral decision.unilateral decision.

CAPRICIOUSCAPRICIOUSActing on impulse, whim, Acting on impulse, whim, willful, deliberate, at one’s willful, deliberate, at one’s

pleasure. pleasure.

REASONABLENESREASONABLENESSS

That degree of skill and knowledge That degree of skill and knowledge customarily used by a competent customarily used by a competent

health practitioner of similar health practitioner of similar education and experience in education and experience in

treating and caring for the sick and treating and caring for the sick and injured in the community in which injured in the community in which

the individual is practicing or the individual is practicing or learning his profession.learning his profession.

North Carolina General Statute North Carolina General Statute 90-21.190-21.1

Standard of Health CareStandard of Health Care

In any action for DAMAGES for personal In any action for DAMAGES for personal injury or death arising out of the furnishing or injury or death arising out of the furnishing or the failure to furnish professional services in the failure to furnish professional services in the performance of medical, dental, or other the performance of medical, dental, or other

health care, the defendant shall not be health care, the defendant shall not be LIABLE for the payment of damages unless LIABLE for the payment of damages unless

the tier of fact is satisfied by the greater the tier of fact is satisfied by the greater weight of the evidence that the care of such weight of the evidence that the care of such health care provider was not in accordance.health care provider was not in accordance.

North Carolina General Statute North Carolina General Statute 90-21.190-21.1

Standard of Health CareStandard of Health CareWith the STANDARDS OF PRACTICE among With the STANDARDS OF PRACTICE among

members of the same health care profession with members of the same health care profession with similar training and experience situated in the same similar training and experience situated in the same or similar communities at the time of the alleged act or similar communities at the time of the alleged act

giving rise to the CAUSE OF ACTION.giving rise to the CAUSE OF ACTION.