Deck 5: The Courts

Question 1

In the case of Aetna Health Inc. v. Davila , what was the basis of the plaintiffs' suit?

A)They sued their managed care plans under state law for negligent health care treatment decisions.
B)They sued their managed care plans under Section 502 of ERISA for denial of benefits.
C)They sued their physicians for breach of their fiduciary obligations under ERISA.
D)They sued their physicians under state law for failure to submit denial of their claims to an independent review organization.

Answer 1

They sued their managed care plans under state law for negligent health care treatment decisions.

Question 2

The Physicians Group has sought judicial review in federal district court of an agency decision denying reimbursement under Medicare based on an interpretation of the law. What is the second step in the court's application of the Chevron standard?

A)Was the agency's decision based on a permissible construction of the statute?
B)Has Congress spoken directly to the precise question in issue?
C)What does the legislative history say about Congress's intent?
D)Are there common law precedents on this issue?

Answer 2

Was the agency's decision based on a permissible construction of the statute?

Question 3

Judge Diaz must decide a case regarding the Medicare Part D regulations (the prescription drug benefit). She reads the regulation in question carefully, focusing closely on the literal language of the provision, and applies her interpretation to the case. She is turning to ____.

A)a textualist approach
B)administrative history
C)canons of statutory interpretation
D)application of precedent

Answer 3

a textualist approach

Question 4

What role does policy consideration play in common law adjudication?

A)It guides the interpretation of precedent.
B)It is binding precedent.
C)It is persuasive but not binding precedent.
D)It plays no role in common law adjudication.

Question 5

Which court has the broadest jurisdiction?

A)a state trial court of general jurisdiction
B)a bankruptcy court
C)a federal appellate court
D)the U.S. Supreme Court

Question 6

The Supreme Court's abortion cases articulate societal values. This is an example of law's ____.

A)expressive function
B)social control function
C)role in dispute resolution
D)role in establishing institutions and procedures for governance

Question 7

On what constitutional provision were the ERISA cases discussed in the chapter based?

A)the Supremacy Clause
B)the Due Process Clause
C)the First Amendment
D)the Equal Protection Clause

Question 8

The author suggests that Justice Rehnquist shaped the result in the case of Washington v. Glucksberg by ____.

A)reframing the issue to be the right to commit suicide
B)reframing the issue to be the right to choose a humane, dignified death
C)analyzing the case under the Equal Protection Clause rather than as a substantive due process claim
D)analyzing the case as a substantive due process claim rather than under the Equal Protection Clause

Question 9

Which statement regarding civil false claims cases is true?

A)They may be brought by a private whistle blower who shares in the recovery.
B)They require proof "beyond a reasonable doubt."
C)They may be brought only by the U.S. Attorney for the district.
D)They result in a either a plea bargain, a finding of guilty, or a finding of not guilty.

Question 10

In the case of Aetna Health Inc. v. Davila , what guided Justice Thomas's decision?

A)a public policy vision of the need for a uniform national regulatory scheme for employee benefit plans
B)the clear language of Section 502 of ERISA
C)the clear language of Texas state law regarding preemption
D)a public policy vision of the need for states to retain control over the business of insurance

Question 11

When economic interests are at stake, the Equal Protection Clause requires ____.

A)a rational relationship between the statute and a legitimate government interest
B)a compelling governmental interest
C)use of the least restrictive means of achieving the government's goal
D)use of narrowly tailored means to achieve the government's ends

Question 12

In the case of Washington v. Glucksburg , Justice Rehnquist's decision was driven by ____.

A)policy concerns including the state's interests in the preservation of life
B)the plain language of the Due Process Clause of the Fourteenth Amendment
C)a balancing of the rights of physicians, patients, families, and society
D)the appropriateness of the distinction between patients on life support systems and those who were not

Question 13

In deciding the case of United States v. Greber , the U.S. Court of Appeals for the Third Circuit relied on ____.

A)consideration of the plain meaning of terms used in statutes and the intention of Congress in using that language
B)a strict interpretation of the law resolving ambiguity in favor of the victim, in this case Medicare
C)providing the benefit of the doubt to the defendant where the meaning of the statute was unclear or confusing
D)the common law of Medicare and Medicaid fraud

Question 14

Tom Tenant slipped and fell on the front steps of his apartment building, where ice had been allowed to accumulate, and broke his wrist. Judge Jones found Lou Landlord liable based on similar, prior cases. This case is best described as a ____.

A)tort case in a common law system
B)municipal law case in a common law system
C)property case in a civil law system
D)statutory construction case in a civil law system

Question 15

In deciding the case of Canterbury v. Spence , Judge Robinson relied on ____.

A)prior appellate court decisions and related policy considerations
B)statutory requirements setting forth the physician's duty of care
C)a concept he created called informed consent
D)binding precedent in the District of Columbia