Exam (elaborations)
Test Bank For Legal and Ethical Issues for Health Professions, 5th Edition 2024 by Elsevier Inc Chapter 1-14
Test Bank For Legal and Ethical Issues for Health Professions, 5th Edition 2024 by Elsevier Inc Chapter 1-14
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
Test Bank ForLegal and Ethical Issues for Health Professions, 5th Edition 2024 by Elsevier Inc
Chapter 1-14
Chapter 01: The US Legal System
Elsevier Inc: Legal and Ethical Issues for Health Professions, 5th Edition
MULTIPLE CHOICE
1. All the following are examples of the use of laws except
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 a neglectful parent and placed in foster care by the state.
ANS: C
Taking the law into one’s own hands never fulfills the goal of law and likely against the
law. The goal of law is to resolve disputes without violence and to protect individual
citizens’ health, safety, and welfare. Taking an individual to court or to the proper
regulatory agency resolves matters peacefully.
OBJ: 2. Define law and the sources of law. TOP: What is the Law?
2. The fundamental of the law of the United States is
a. state constitutions.
b. municipal laws.
c. district court decisions.
d. the Constitution.
ANS: D
The US Constitution grants certain powers to the federal government. Unless a specific
power is granted to the US government, that power is left to the jurisdiction of state
government.
OBJ: 2. Define law and the sources of law. TOP: Constitutional Law
3. All the following are sources of law except
a. administrative law.
b. statutory law.
c. state judicial rulings.
d. Bill of Rights.
ANS: C
Sources of law are the Constitution, administrative law, statutory law, and common law.
OBJ: 3. Explain the different types of law in the United States. TOP: Sources of Law
,4. 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
ANS: A
The legislative branch of government develops statutory law. The executive branch can
propose or veto laws, and the judicial branch develops and interprets statutory law.
OBJ: 1. Describe the three branches of the federal government in the United States.
TOP: Branches of Government
5. 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
ANS: 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.
OBJ: 1. Describe the three branches of the federal government in the United States.
TOP: Branches of Government
6. Which statement about the checks and balances system is false?
a. The legislature can develop statutes and override the veto of the executive branch.
b. The executive branch has veto power and can interpret laws.
c. The judicial branch interprets laws.
d. The legislature proposes laws.
ANS: B
The executive branch can veto and propose legislation but cannot interpret laws. The
judicial branch interprets laws and their application to individual cases. The legislature can
propose laws and develop statutes and can override executive branch vetoes.
OBJ: 1. Describe the three branches of the federal government in the United States.
TOP: Checks and Balances
7. The pretrial discovery process includes the following strategies.
a. Admissions of fact
b. Burden of proof
c. Interrogatories
d. Requests for production of documents
ANS: B
The pretrial discovery strategies include admissions of facts, interrogatories, and requests
for production of documents.
, OBJ: 5. Demonstrate understanding of the various levels of the United States court system.
TOP: Pretrial Discovery
8. 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.
ANS: D
Civil law includes areas of the law such as contract issues, intentional torts, negligence,
malpractice, and privacy issues. A terrorist threat would be considered a criminal offense.
OBJ: 3. Explain the different types of law in the United States. TOP: Types of Law
9. Which of the following would be considered a criminal case?
a. A physician refuses to repay student loans.
b. A physician performs a pelvic exam without the consent of the patient.
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.
ANS: B
The physician has probably committed battery, a criminal offense, on the patient by not
getting the patient’s consent for the pelvic examination. Issues related to contracts, such as
student loans, are civil matters. Privacy issues also fall under administrative law, which is
part of the civil category.
OBJ: 4. Explain key laws affecting healthcare professionals. TOP: Criminal Law
10. All the following are examples of in personam jurisdiction except
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. a bank account being divided between spouses due to a divorce.
ANS: D
In rem jurisdiction is when the court has jurisdiction over the property or thin itself rather
than over the people involved. In personam jurisdiction means that the court has
jurisdiction over the person involved in the case.
OBJ: 6. Describe the trial process in a lawsuit.
TOP: The Trial Process and Lawsuits
11. 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.
, ANS: A
The court determines right to the property in an in rem jurisdiction case, which is usually
binding against the whole world, not just the parties involved.
OBJ: 6. Describe the trial process in a lawsuit.
TOP: The Trial Process and Lawsuits
12. Which case 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 the options
ANS: 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 these cases have the potential
to be sent from the district court to the appellate court.
OBJ: 5. Demonstrate understanding of the various levels of the United States court system.
TOP: Courts of Appeals
13. The individual who brings a case to court is the
a. defendant.
b. prosecuting attorney.
c. plaintiff.
d. defending attorney.
ANS: C
The person bringing suit is the plaintiff, and the defendant is the person being sued.
Attorneys are not named as the person bringing suit. The names in the case reveal who is
suing whom.
OBJ: 6. Describe the trial process in a lawsuit.
TOP: The Trial Process and Lawsuits
14. An official or formal change made to a law is called
a. an amendment.
b. burden of proof.
c. admissions of fact.
d. an ordinance.
ANS: A
An amendment is an official or formal change made to a law, contract, constitution or
other legal document. Burden of proof is the legal responsibility and requirement to prove
a claim is true. Admissions of fact establishes laws between citizens and government
agencies and provide power to the agencies to enforce these laws. An ordinance is
statutory law passed by local or city governments of councils.
OBJ: 2. Define law and the sources of law.
TOP: Constitution and Bill of Rights
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 solutions. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $18.48. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67163 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now
