Chapter 5

Development
of Law
 Learning Objectives

• Understand the development and sources of

law.
• Describe how the government is organized
through the three branches of government.
• Explain the principle of separation of powers.
• Describe what is meant by conflict of laws.
• Describe the functions of the Department of
Health and Human Resources and its various
operating divisions.
 Law

• A system of principles and processes by which

people in a society deal with their disputes and
problems, seeking to solve or settle them without
resorting to force.
• General rules of conduct enforced by
government.
 Development of Law

– Tradition
– Culture
– Customs
– Beliefs
 Why Laws Change

• Political climate
• Social change
• Religious beliefs
• Values change
 Categories of Law

• Public law: The laws that control relationships

between individuals and the government.
• Private law: The laws that control relationships
between individuals.
 Sources of Law

• Common law
• Statutory law
• Administrative law
 Common Law (1 of 2)

• Derived from judicial decisions.

– Origins in English common law.
– Responds to issues beyond written law.
• Often differs from state to state.
• Common-law principles prevail unless a statute
governs.
• Judicial decision in one state does not set
precedent for another.
 Common Law (2 of 2)

• Principles of common law:

– Precedent
– Res judicata
– Stare decisis
 Statutory Law

• Written law that emanates from legislative

bodies.
• Courts often interpret how various statutes apply
to each set of facts.
• U.S. Constitution is highest in hierarchy of
enacted law.
– http://constitutionus.com/?t=Bill%20of%20Rig
hts
 Bill of Rights

• Amendments to the U.S. Constitution added to

protect the rights of citizens.
– Freedom of religion
– Right to keep and bear arms
– Freedom of speech
 First Amendment

The First Amendment guarantees freedoms

concerning religion, expression, assembly, and the
right to petition. It forbids Congress from both
promoting one religion over others and also
restricting an individual’s religious practices. It
guarantees freedom of expression by prohibiting
Congress from restricting the press or the rights of
individuals to speak freely. It also guarantees the
right of citizens to assemble peaceably and to
petition their government.
 Administrative Law

• Public law is issued by administrative agencies

to direct enacted laws.
• Administrative Procedures Act states the
procedures under which federal agencies
operate.
• Rules and regulations are administered within
intent of law.
• Regulations are subject to judicial review.
 Government Organization:
Legislative Branch
• Enacts laws.
• Amends or repeals existing legislation.
• Creates new legislation.
 Government Organization:
Judicial Branch
• Resolves legal disputes.
• Supreme Court
– Nation’s highest court
– Eight Associate Justices and one Chief
Justice
As I have said in the past, when government
bureaus and agencies go awry, which are adjuncts
of the legislative or executive branches, the people
flee to the third branch, their courts, for solace and
justice.
—Justice J. Henderson, Supreme Ct. of South Dakota
 Government Organization:
Executive Branch
• Administers and enforces the law.
• Executive power vested in the president.
• Cabinet advises the president.
 Separation of Powers

• System of checks and balances.

• No one branch of government dominant over the
other two.
• Each may affect and limit the activities,
functions, and powers of the other branches of
government.
 Conflict of Laws
Article VI, Paragraph 2 of the U.S. Constitution is
commonly referred to as the Supremacy Clause. It
establishes that the federal constitution, and federal
law generally, take precedence over state laws, and
even state constitutions. It prohibits states
from interfering with the federal government's
exercise of its constitutional powers, and from
assuming any functions that are exclusively
entrusted to the federal government. It does not,
however, allow the federal government to review or
veto state laws before they take effect.
 U.S. Department of Health
and Human Services

• Cabinet-level department.
• Responsible for carrying out national health and
human services policy.
• Main source of regulations affecting the
healthcare industry.
 Department of Health and Human
Services: Divisions and Agencies (1 of 2)
• Administration on Aging
• Centers for Medicare and Medicaid Services
• Public Health Service
• National Institutes of Health
• Centers for Disease Control and Prevention
• Food and Drug Administration
 Department of Health and Human
Services Divisions and Agencies (2 of 2)
• Substance Abuse and Mental Health Services
Administration
• Health Resources and Services Administration
• Agency for Healthcare Research and Quality
• Agency for Toxic Substances and Disease
Registry
• Indian Health Service
 Review Questions
1. Define the term law and describe the sources
from which law is derived.
2. Describe and contrast the legal terms res
judicata and stare decisis.
3. Describe the function of each branch of
government.
4. What is the meaning of separation of powers?
 Review Questions
5. What is the function of an administrative
agency?
6. Describe the various operating divisions and
agencies within the DHHS.