Exam (elaborations)

HADM 400 Health Law Exam Practice Questions and Answers

0 view 0 purchase

Course
Tests Prep

Institution
Tests Prep

HADM 400 Health Law Exam Practice Questions and Answers U1.What is the difference between common law and statute law? - ANSWER-Common law is judge- made or court-made law that is published as written decisions and reasons for those decisions. Statute law is legislature- or parliament-made law, ...

[Show more]

Preview 2 out of 13 pages

View example

Uploaded on November 4, 2024
Number of pages 13
Written in 2024/2025
Type Exam (elaborations)
Contains Questions & answers

hadm 400 health law exam practice questions and an

Institution Tests Prep
Course Tests Prep

$12.49

Added

Add to cart Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024

HADM 400 Health Law Exam Practice

Questions and Answers

U1.What is the difference between common law and statute law? - ANSWER✔✔-Common law is judge-

made or court-made law that is published as written decisions and reasons for those decisions. Statute

law is legislature- or parliament-made law, depending on whether the law-making power lies within the

constitutional jurisdiction of provincial or federal government.

U1.What is the difference between a statute and a regulation? - ANSWER✔✔-Statutes and regulations

are both "legislation." Regulations are subordinate to statutes, which means that the statute must

expressly give the power to make regulations. Regulations cannot be made in a statutory vacuum. The

primary difference between statutes and regulations is that statutes must be made by federal Parliament

or a provincial legislature through a process of presentation, debate, and voting by elected members of

those bodies. Regulations are passed by the body that is given regulation-making power in the statute

not by Parliament or a legislature. Typically, in the health care arena, this means either the federal or

provincial cabinet, or the federal or provincial minister of health will be given the authority to make

regulations, and the scope of that power will be described in the statute. All the designated person has

to do to enact a regulation is pass it, file it with the appropriate government office, and gazette it (which

means that it must appear in a particular kind of formal publication).

U1.What court's rulings are stronger precedents—a provincial court of appeal or the Federal Court of

Appeal? - ANSWER✔✔-Neither. Provincial and federal courts of appeal hear appeals from courts with

completely different jurisdiction. Supreme Court of Canada decisions, unless they are distinguishable on

Copyright ©Stuvia International BV 2010-2024 Page 1/13

, Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024

the facts of cases in lower courts, are important precedents throughout the court system. Federal and

provincial court of appeal decisions are particularly important precedents for the Federal Court, Trial

Division, and provincial trial courts (variously called Supreme Court, Court of Queen's Bench, General

Division, and so on).

U1.If a court of appeal says that a teenager has the right to refuse necessary medical treatment, and a

provincial child welfare act says that the government has the right to override that refusal if the

treatment is lifesaving, which takes precedence legally, and why? - ANSWER✔✔-Statutes that are clear

and directly relevant trump the common law. The consent of a "mature minor" illustrates this principle.

In two Alberta cases, the issue was whether a teenager could refuse consent to life-saving medical

treatment. As a mature minor she could, but under provincial child welfare legislation the government

could override that refusal and consent to treatment on her behalf. The teenager's court challenge to the

legislation failed.

U1.What useful information does the Rodriguez case citation provide? How would you find the full text

of the decisions at each of the court levels? - ANSWER✔✔-The Rodriguez citation tells you a number of

important things, including the following. The case originated in British Columbia. It was decided by

three levels of court, including the Supreme Court of Canada, which means that it is a case of national

significance and precedential weight. It tells you when the decisions were published. You might have to

"note up" the case citation to find out which other courts have considered it in the past decade. Most

importantly, the citation tells you how and where to find the text of the decisions.

U1.Review only the headnote of the Rodriguez case. What is the case about? - ANSWER✔✔-There is no

absolute right answer to this question. Some of the features you should look for and questions you

should ask are:

Copyright ©Stuvia International BV 2010-2024 Page 2/13

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller KaylinHoffman. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $12.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

75632 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Popular Universities in the United States

Popular books

Find notes and summaries for these qualifications