Basic Legal Citation Starting Points, Term Paper Example

Question 1: Typical legal citation

Elements included in a typical legal citation are designed to inform the reader regarding authority’s source, strength to support the writer’s proposition, age, and other information deemed relevant to the case. Under normal circumstances there are five main elements; first the name of parties, which are the plaintiff and defendant/s; second, the volume in which the case is reported; third, the county of the Supreme Court inferring the case; fourth, the authority support for the proposition and fifth the year of the citation (Garner, 2012).

Question 2: Explanation for meaning of each citation element

Wagen v. Ford Motor Co., 97 Wis. 2d 260, 294 N.W. 2d 437 (1980), Wagen v. Ford Motor Co These are the names of the plaintiff or petitioner and defendant or appellants

97 Wis. 2d 260, 294 N.W. 2d 437 pertains to the volume in which the case is reported and the number of pages upon which it is written or can be found. This case is found in volume 97 Wis from pages 2d 260, 294 N.W. 2d 437. These pages are also referenced as the pin cites.

(1980) reflects where the authority is from. It is 1980 (Basic Legal Citation Starting points, 2013).

Question 3: Sources of Health Care Laws

Three other legal sources that control health care in America besides state and federal written constitutions are statutes, administrative regulations and court precedents. An example of a healthcare statute is the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment. They are together known as “federal health care provider conscience protection statutes. This statute prohibits recipients of certain types of federal funds from discriminating against health care providers if they refuse to participate in health care services which are religiously or morally objectionable to them (US Department of Health and Human Services, 2013)

Next are administrative regulations as contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191. The third is court precedents. An example is the recent court debate regarding ObamaCare in relation to whether the federal Patient Protection and Affordable Care Act (“PPACA) requiring all Americans to buy insurance was constitutional. The Supreme Court has the precedent to over- rule this law (Presser, 2012).

Question 4: Explanation of how laws are made based on the sources mentioned

Statues become law after being agreed upon by the highest executive in government. Afterwards it is published as part of a code. After being published they become subordinate to constitutional law. Administrative regulation is another name for rule making. It is a process executed by independent agencies such as healthcare administration within individual states. It must, however, be preceded by national legislations and statutes. Administrative regulations provide the details for which legislations and statutes are executed.

Experts in the particular subject matter meet, design rules which become the administrative policy governing the constitutional enforcement (US Department of Health and Human Services, 2013). For a health care law to be enacted through court precedent a petition must be filed in the supreme court. The case will be given a volume and date for hearing before a judge. During the hearing the Judge must find the matter to be unconstitutional for an overruling to occur or constitutional for the defendants’ constitutional rights to be upheld based on the law being contended (Presser, 2012).

References

Basic Legal Citation Starting points (2013). Retrieved on July 13^th 2013 from http://euro.ecom.cmu.edu/program/law/08-732/Courts/lrg_alwcit.pdf

Garner, B. (2012). Black’s Law Dictionary (9th Abridged ed.). St. Paul, MN: West

Presser, D. (2012). Supreme Court Has Legal Precedent to Strike down Health Care Bill. Retrieved on July 13^th, 2013 from http://www.policymic.com/index.php/debates/6012

US Department of Health and Human Services (2013) Overview of Federal Statutory Health Care Provider Conscience Protections. Retreieved on July13th, 2013 From http://www.hhs.gov/ocr/civilrights/faq/providerconsciencefaq.html