LibGuides: Evolution of Euthanasia by Jessica French: Court Rules

Overview

Physician-Assisted Suicide is currently a States matter.

Currently, four States have enacted laws legalizing physician-assisted suicide and those matters are enforced by a state administrative agency. ----->In those four states, as long as a patient meets certain criteria, it legal for a patient to seek and a doctor to perform physician-assisted suicide through medicinal aid. As long as the patient is uncoerced and there is no fraud, then criminal and civil liabilities do not attach.

In the remaining states, euthanasia (as of 2014) it illegal and is governed by the individual states rules of criminal law/procedure. -----> Some seek to legalize physician-assisted suicide pursuant to the Equal Protection Clause of the the U.S. Constitution and state constitutions.

Federal Courts have jurisdiction over violations of the Controlled-Substances Act and Equal Protection Claims.

Federal Rules

Federal Rules Civil Procedure W/ Select Stat Case Material 2013 by Yeazell
ISBN: 1454828331
Publication Date: 2013-07-09
Federal Rules of Civil Procedure: With Selected Rules and Statutes 2013
Federal Rules of Civil Procedure by Michigan Legal Michigan Legal Publishing Ltd.
ISBN: 0615984274
Publication Date: 2014-03-01
A concise and comprehensive edition of the Federal Rules of Civil Procedure and Federal Rules of Evidence for quick reference. Updated through March 1, 2014. Perfect for your briefcase or desk and a great format for the attorney or law student who simply needs to refer to the rules.

Federal Rules of Civil Procedure

These are the rules that are uniform and govern the procedures in district courts.

Federal Rules of Criminal Procedure

These are the rules that govern all procedures in the district courts in criminal cases

Federal Rules of Evidence

A code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal.

Federal Rules of Appellate Procedure

A set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals.

Supreme Court Rules

Article III, Section 1 of the Constitution establishes the Supreme Court of the United States. Currently, there are nine Justices on the Court. Before taking office, each Justice must be appointed by the President and confirmed by the Senate. Justices hold office during good behavior, typically, for life.

The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts.

Federal Rules of Criminal Procedure by United States Congress House Of Represen (Created by)
ISBN: 1240569556
Publication Date: 2010-12-31
The BiblioGov Project is an effort to expand awareness of the public documents and records of the U.S. Government via print publications. In broadening the public understanding of government and its work, an enlightened democracy can grow and prosper. Ranging from historic Congressional Bills to the most recent Budget of the United States Government, the BiblioGov Project spans a wealth of government information. These works are now made available through an environmentally friendly, print-on-demand basis, using only what is necessary to meet the required demands of an interested public. We invite you to learn of the records of the U.S. Government, heightening the knowledge and debate that can lead from such publications.
Federal Rules Evidence by Mueller
ISBN: 1454827947
Publication Date: 2013-05-29
Federal Rules of Civil Procedure: With Advisory Committee Notes, Selected Provisions of the Federal Rules of Appellate Procedure, Selected Federal Statutes, the Federal Rules of Evidence, the United States Constitution, and Supplementary Cases, Notes, and Other Materials, 2013
Federal Rules of Evidence: 2014 Edition by Michigan Legal Publishing Ltd.
ISBN: 1496110692
Publication Date: February 1, 2014
A handy pocket version of the Federal Rules of Evidence (5" x 8"), as amended through January 1, 2014. A Perfect quick reference for your desk or briefcase, for both attorneys and students.
Federal Rules of Appellate Procedure - with Forms - December 1 2011 by United Government; House Representatives
ISBN: 1477626212
Publication Date: 2012-06-08
This document contains the Federal Rules of Appellate Procedure together with forms, as amended to December 1, 2011. The rules and forms have been promulgated and amended by the United States Supreme Court pursuant to law, and further amend-ed by Acts of Congress. This document has been prepared by the Committee in response to the need for an official up-to-date document containing the latest amendments to the rules. For the convenience of the user, where a rule has been amended a reference to the date the amendment was promulgated and the date the amendment became effective follows the text of the rule. The Committee on Rules of Practice and Procedure and the Advisory Committee on the Federal Rules of Appellate Procedure, Judicial Conference of the United States, prepared notes explaining the purpose and intent of the amendments to the rules. The Committee Notes may be found in the Appendix to Title 28, United States Code, following the particular rule to which they relate.

Oregon

Oregon Rules of Court - State and Federal, 2014 ed. (Vols. I & II, Oregon Court Rules) by Thomson West
ISBN: 031425045X
Publication Date: May 1, 2014
These Oregon Rules of Court ; State and Federal volumes provide a collection of state and federal court rules governing civil and criminal procedure in Oregon. Volume I contains state rules, including: Rules of Civil and Appellate Procedure; Evidence Code; Uniform Trial Court Rules; Rules of Regular and Magistrate Tax Courts; Oregon Code of Judicial Conduct; Oregon State Bar Rules of Procedure And more. Volume II contains the rules governing practice before Oregon s federal courts, including: Federal Rules of Civil Procedure; Federal Rules of Evidence; Federal Rules of Appellate Procedure; Local Rules of the United States Court of Appeals for the Ninth Circuit; Local Rules of the United States Bankruptcy Appellate Panel for the Ninth Circuit; Local Rules for the Federal District and Bankruptcy Courts of Oregon and Rules of the Judicial Panel on Multidistrict Litigation.
Oregon Rules of Court - Local KeyRules, 2013 ed. (Vol. IIIA, Oregon Court Rules) by Thomson West
ISBN: 0314655077
Publication Date: April 18, 2013
Oregon Rules of Court Local KeyRules identifies, organizes, and presents as clear, intuitive legal outlines all court rules, statutes, and other rules of procedure needed to draft and file common court documents in the state trial courts of Oregon for the counties of Clackamas, Lane, Marion, Multnomah, and Washington. Each KeyRules outline corresponds to a specific type of pleading, motion, or discovery request presented before this court. KeyRules integrates all applicable procedural rules and organizes them into sections by rule type (e.g., timing, format, filing and service, etc). The procedural rule content is further enhanced with on-point case law and industry-leading Westlaw® secondary sources. KeyRules provides attorneys, paralegals, and other legal staff with all information needed to draft and file their court documents quickly and correctly.

'The Department of Human Services - Health Services Enforces compliance with the state law.

When there is a violation, the Oregon Courts have jurisdiction:

127.885. § 4.01. Immunities in general:

For civil or criminal liability for those who acted in good faith compliance
No loss of license, privileges, membership, etcs for those who acted in good faith compliance
Not neglect for those who acted in good faith compliance.

127.890. § 4.02. Liabilities

It is a class A felony for anyone who alters or forges a request.
It is a class A felony for any anyone who coerces or exerts undue influence
A person may be subject to civil liabilities resulting from negligent or intentional misconduct.

Oregon Rules of Civil Procedure

Oregon Rules of Criminal Procedure

Oregon Rules of Appellate Procedure

Montana

Montana District Court Rules

Montana Rules of Civil Procedure

Montana Rules of Criminal Procedure

Montana Rules of Appellate Procedure

Vermont

Vermont Rules of Court - State and Federal, 2014 ed. (Vols. I & II, Vermont Court Rules) by Thomson West
ISBN: 0314116729
Publication Date: April 3, 2014
Vermont Rules of Court State and Federal provides all the rules that govern practice before Vermont courts in a convenient source designed for courtroom use. Compact and affordable, these volumes are thoroughly indexed to take you quickly to the precise rules you need. Volume I contains state and local court rules and Volume II contains the rules governing practice before Vermont s federal courts.

The Department of Human Services - Health Services Enforces compliance with the state law.

Where here is a violation, the Vermont Courts have jurisdiction:

5285. Limitations on actions:

Except as provided in other sections, nothing limits liability for civil damages resulting from negligent conduct or intentional misconduct by any person.
A health care facility or health care provider shall not subject a physician, nurse, pharmacist, or other person to discipline, suspension, loss of license, loss of privileges, or other penalty for actions taken in good faith reliance on the provisions of this chapter or refusals to act under this chapter.

5290. Immunity for physician:

A physician shall be immune from any civil or criminal liability or professional disciplinary action for actions performed in good faith compliance with the provisions of this chapter.

Vermont State Court Rules

Vermont Rules of Civil Procedure

Vermont Rules of Criminal Procedure

Vermont Rules of Appellate Procedure

Washington

Washington Court Rules - State, 2013 ed. (Vol. I, Washington Court Rules) by Thomson West
ISBN: 0314947299
Publication Date: September 11, 2012
Providing the complete text of state court rules, Washington Court Rules is an essential resource for Washington practitioners. This volume contains: Superior Court Civil and Criminal Rules; Rules of Evidence; Rules of Appellate Procedure; Rules of Bankruptcy Procedure; Rules of Procedure of the Judicial Panel on Multidistrict Litigation; Rules of Professional Conduct; Superior Court Rules of Mandatory Arbitration; Juvenile Court Rules; Civil and Criminal Rules for courts of limited jurisdiction. This volume also contains: Special proceedings; Mental proceedings; Advisory Committee Notes; Bench-Bar-Press Committee Statement of Principles and Considerations; Advisory Case Processing Time Standards; Child Support Schedule and more.
Washington Court Rules - Local, 2014 ed. (Vol. III, Washington Court Rules) by Thomson West
ISBN: 0314655689
Publication Date: September 11, 2013
Washington Court Rules Local contains all local rules for the superior, district, and municipal courts in the counties of the state. It is published in September and normally contains amendments effective through September 1 of that year.

The Department of Human Services - Health Services Enforces compliance with the state law.

Where here is a violation, the Washington Courts have jurisdiction:

70.245.190. Immunities--Basis for prohibiting health care provider from participation--Notification--Permissible sanctions:

When a person is acting in good faith compliance they will not be liable for civil or criminal liabilities.

70.245.200. Willful alteration/forgery--Coercion or undue influence--Penalties--Civil damages--Other penalties not precluded:

Person who without authorization of the patient willfully alters or forges a request.
Person who coerces or exerts undue influence on a patient to request medication.
No limit for further liability for civil damages resulting from other negligent conduct or intentional misconduct by any person.
Criminal penalties are not precluded.

Washington State Court Rules

Washington Rules of Civil Procedure

Washington Rules of Criminal Procedure

Washington Rules of Appellate Procedure