Deck 1: The Us Legal System

Question 1

Which is true about a malpractice case?

A) There must be proof of a breach of duty.
B) No damages can be present.
C) The cause of the damages does not have to be specific.
D) The person who caused the damages does not have the duty to care for the patient.

Answer 1

A
Four elements are required in a negligence action: duty, breach of duty, causation, and damages.

Question 2

Which is not an agency that can enact rules that become administrative law?

A) Occupational Safety and Health Administration
B) American Bar Association
C) Department of Health and Human Services
D) Environmental Protection Agency

Answer 2

B
The legislature enables certain agencies to develop rules and regulations, such as the Occupational Safety and Health Administration, the Department of Health and Human Services, and the Environmental Protection Agency. The American Bar Association is a private organization, not a governmental agency.

Question 3

Which cases could be sent from the district court to the appellate court?

A) A woman suing for the right to have an abortion in her last trimester of pregnancy
B) A man suing a physician for negligence
C) A parent suing on behalf of a child injured in a car accident
D) All of the above

Answer 3

D
The right to terminate a pregnancy is determined by the state statute. An appellate case must be sent to the appellate court from the district court. All of these cases have the potential to be sent from the district court to the appellate court.

Question 4

If a judge decides a case on the basis of findings of a previous court in a similar case, which Latin term applies?

A) Respondeat superior
B) Res ipsa loquitur
C) Stare decisis
D) Quid pro quo

Question 5

Which branch of government developed the source of law that implemented the Medicaid and Medicare amendments to the Social Security Act of 1965?

A) Legislative
B) Judicial
C) Executive
D) Municipal

Question 6

Which statements about the checks and balances system is untrue?

A) The legislature can develop statutes and veto the executive branch.
B) The executive branch has veto power and can propose legislation.
C) The judicial branch interprets laws.
D) The legislature proposes laws.

Question 7

A defendant is asked, "What did you see just before you stopped your car to help the victims of the car wreck?" What situation likely is involved?

A) Sovereign immunity
B) Malpractice
C) Good Samaritan
D) Negligence

Question 8

Who has the power to regulate healthcare through their capacity to protect the health, safety, and welfare of their citizens?

A) City government
B) County government
C) State government
D) Federal government

Question 9

If a physician is being sued by a patient for the acts of a medical assistant, which of the following applies?

A) Stare decisis
B) Respondeat superior
C) Res ipsa loquitur
D) Quid pro quo

Question 10

Which is primarily a criminal case?

A) A physician refuses to repay student loans.
B) A physician performs a pelvic exam without a glove.
C) An office assistant releases medical information without patient consent.
D) An office assistant accesses medical information by computer about a patient who is not under a physician's care at the time.

Question 11

The foundation of the law of the land is:

A) state constitutions.
B) municipal laws.
C) district court decisions.
D) the Constitution of the United States.

Question 12

An example of in personam jurisdiction is:

A) a dispute between neighbors over a fence line.
B) theft of a computer from a private home.
C) vandalism to a car parked in a school lot.
D) all of the above.

Question 13

All the cases below would be considered a civil case except:

A) divorce.
B) breach of contract.
C) dispute over real estate sale.
D) terrorist threats.

Question 14

Which state does not have roots in English common law?

A) Texas
B) California
C) Louisiana
D) Maine

Question 15

When a court has jurisdiction over property or a thing itself, rather than over the people involved, the type of jurisdiction is called:

A) in rem jurisdiction.
B) in personam jurisdiction.
C) ad litem jurisdiction.
D) appellate jurisdiction.

Question 16

If a man enters surgery to have his left leg amputated and leaves surgery with his right leg amputated, which Latin term of law applies?

A) Respondeat superior
B) Res ipsa loquitur
C) Stare decisis
D) Quid pro quo

Question 17

The Supreme Court hears cases from courts with what jurisdiction?

A) Higher jurisdiction than the Supreme Court
B) Lower jurisdiction than the Supreme Court
C) Equal jurisdiction to the Supreme Court
D) No jurisdiction

Question 18

The individual who brings a case to court is the:

A) defendant.
B) prosecuting attorney.
C) plaintiff.
D) defending attorney.

Question 19

Which is a situation in which the goal of law is not accurately portrayed?

A) A woman takes her husband to court to obtain a divorce.
B) An individual sues his neighbor over a property line.
C) A man slashes his neighbor's tires over a dispute.
D) A child is taken from her neglectful mother and placed in foster care by the state.

Question 20

When the U.S. Supreme Court decides a case, it is binding to:

A) only the parties involved.
B) only the city involved and its residents.
C) only the state involved and its residents.
D) all state and federal courts.

Question 21

This branch of government proposes legislation and enforces laws.

A) Legislative
B) Executive
C) Judicial
D) Municipal

Question 22

This branch of government interprets statutory law.

A) Legislative
B) Executive
C) Judicial
D) Municipal

Question 23

OSHA was created by which branch of government?

A) Legislative
B) Executive
C) Judicial
D) Municipal

Question 24

This develops from decisions previously made by courts, or precedents, and these are binding on all lower courts.

A) Criminal law
B) Common law
C) Medical law
D) None of the above

Question 25

This branch of government establishes agencies to enact administrative law.

A) Legislative
B) Executive
C) Judicial
D) Municipal