1.
Which of the following is a situation in which the goal of law is not accurately portrayed?
Correct Answer
C. A man slashes his neighbor's tires over a dispute
Explanation
In this situation, the goal of law is not accurately portrayed because slashing someone's tires is an act of vandalism and aggression, which is against the law. The goal of law is to ensure justice, maintain order, and protect individuals and their property. However, the man's action of damaging his neighbor's property goes against these principles and is not a lawful or justified way to resolve a dispute.
2.
The foundation of the law of the land is
Correct Answer
D. The constitution of the united states
Explanation
The correct answer is the constitution of the United States. The constitution is the supreme law of the land in the United States and serves as the foundation for all other laws. It outlines the structure of the government, the rights and freedoms of individuals, and the limitations on governmental power. State constitutions, municipal laws, and district court decisions may be important sources of law, but they are all subordinate to the constitution of the United States.
3.
Which of the following is not a result of the impact of the bill of rights on the health-care system
Correct Answer
B. Computerized patient records
Explanation
The impact of the bill of rights on the health-care system has led to several changes, including patient privacy, confidentiality of patient lab results, and patient's denying of health care because of religious beliefs. However, computerized patient records are not a direct result of the bill of rights. While the bill of rights may have influenced the overall development of the health-care system, computerized patient records are more of a technological advancement that has been implemented to improve efficiency and accessibility in healthcare.
4.
Which branch of government developed the source of law that implemented the medicaid and medicare amendments to the social security act of 1965
Correct Answer
A. Legislative branch
Explanation
The correct answer is the legislative branch. The legislative branch of government is responsible for creating and enacting laws. In this case, the source of law that implemented the Medicaid and Medicare amendments to the Social Security Act of 1965 would have been developed by the legislative branch. This branch includes the Congress, which consists of the Senate and the House of Representatives, and they have the authority to make and pass laws.
5.
Which of the following is not an agency that can enact rules that become administrative law
Correct Answer
B. American bar association
Explanation
The American Bar Association is not an agency that can enact rules that become administrative law. The American Bar Association is a professional organization for lawyers and does not have the authority to create or enforce laws. On the other hand, the Occupational Safety and Health Administration (OSHA), the Department of Health and Human Services, and the Environmental Protection Agency are all government agencies that have the power to enact rules and regulations that become administrative law.
6.
Which of the following statements about the checks and balances system is untrue
Correct Answer
A. The legislature can develop statues and veto the executive branch
Explanation
The statement "the legislature can develop statutes and veto the executive branch" is true. The checks and balances system allows the legislature to create laws (statutes) and also gives them the power to veto or reject actions taken by the executive branch. This ensures that the legislature has a say in the decision-making process and can prevent any potential abuse of power by the executive branch.
7.
Which state does not have roots in english common law
Correct Answer
C. Louisiana
Explanation
Louisiana is the correct answer because it does not have roots in English common law. Unlike the other states listed, Louisiana's legal system is based on the Napoleonic Code, which is derived from Roman law and the French Civil Code. This means that Louisiana's legal principles and procedures differ significantly from those of the other states, which all trace their legal traditions back to English common law.
8.
All the cases below would be considered a civil case except
Correct Answer
D. Terrorist threats
Explanation
The given options consist of various legal disputes, such as divorce, breach of contract, and dispute over real estate sale. These are all civil cases that involve conflicts between individuals or entities. However, terrorist threats are typically considered criminal cases as they involve acts of violence or harm towards others. Therefore, terrorist threats would not be categorized as a civil case.
9.
Which of the following is primarily a criminal case
Correct Answer
B. A pHysician performs a pelvic exam without a glove
Explanation
Performing a pelvic exam without a glove is primarily a criminal case because it involves a violation of medical ethics and potentially exposes the patient to harm. This action can be considered as medical malpractice and a breach of the physician's duty of care towards the patient. It may also be seen as a violation of the patient's rights and bodily autonomy. Criminal charges could be brought against the physician for negligence or assault, depending on the jurisdiction and specific circumstances of the case.
10.
An example of in personam jurisdiction is
Correct Answer
D. All of the above
Explanation
In personam jurisdiction refers to the authority of a court to hear a case and make a decision that is binding on the parties involved. It is based on the court's power over the person or entity involved in the dispute. In the given options, all of them involve disputes between individuals or entities, such as neighbors, homeowners, and car owners. Therefore, all of the above options demonstrate examples of in personam jurisdiction as they involve cases where a court would have the authority to hear the dispute and make a decision.
11.
When a court has jurisdiction over property or a thing itself, rather than over the people involved, the type of jurisdiction is called:
Correct Answer
A. In rem jurisdiction
Explanation
In rem jurisdiction refers to a court's authority over a specific property or thing, rather than the individuals involved in the case. This type of jurisdiction allows the court to make decisions and rulings that directly affect the property in question, regardless of who owns or possesses it. In rem jurisdiction is often used in cases involving disputes over ownership, rights, or claims to a particular property. It allows the court to determine the rights and obligations related to the property itself, rather than focusing on the personal rights or liabilities of the individuals involved.
12.
Which of the following cases could be sent from the district court to the appellate court
Correct Answer
D. All of the above
Explanation
All of the given cases could be sent from the district court to the appellate court. The district court is the trial court where cases are initially heard, and the appellate court is the higher court that reviews decisions made by the lower courts. In each of the mentioned cases, there could be a possibility of an appeal if either party is dissatisfied with the district court's decision. Therefore, all of these cases have the potential to be sent to the appellate court for further review and consideration.
13.
The individual who brings a case to court is the
Correct Answer
C. Plaintiff
Explanation
The correct answer is plaintiff. In a court case, the plaintiff is the individual who initiates the legal action by bringing a case against another party. They are responsible for presenting their claims and seeking a remedy or compensation for any harm or wrongdoing they have suffered. The defendant, on the other hand, is the party against whom the case is brought and is required to defend themselves against the claims made by the plaintiff.
14.
If a physician is being sued by a patient for the acts of medical assistant, which of the following applies
Correct Answer
B. Respondeat superior
Explanation
Respondeat superior is the correct answer because it is a legal doctrine that holds employers responsible for the actions of their employees. In this scenario, the physician would be held liable for the acts of the medical assistant because the assistant was acting within the scope of their employment. Stare decisis refers to the principle of following precedent, res ipsa loquitur is a doctrine used in negligence cases, and quid pro quo refers to a situation where something is given or received in exchange for something else.
15.
If 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?
Correct Answer
C. Good samaritan
Explanation
The situation likely involved in this question is the "good samaritan" situation. The question is asking about what the defendant saw before stopping their car to help the victims of a car wreck. This scenario relates to the concept of the good samaritan, where individuals voluntarily provide assistance to those in need, even if they are not legally obligated to do so.
16.
When the us supreme court decises a case, it is binding to
Correct Answer
D. All state and federal courts
Explanation
When the US Supreme Court decides a case, its decision is binding on all state and federal courts. This means that the ruling applies not only to the parties involved in the specific case but also sets a precedent that must be followed by all other courts in the country. The Supreme Court is the highest court in the land and its decisions have the power to shape and interpret the law for the entire nation. Therefore, its rulings have a broad impact and are applicable to all courts at both the state and federal level.
17.
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
Correct Answer
B. Res ipsa loquitur
Explanation
The Latin term "res ipsa loquitur" translates to "the thing speaks for itself." In this scenario, it suggests that the outcome of the surgery speaks for itself, indicating that there was negligence or a mistake made during the procedure. The fact that the man entered surgery to have his left leg amputated but ended up with his right leg amputated is a clear indication of a medical error. Therefore, "res ipsa loquitur" is the appropriate Latin term of law to apply in this situation.
18.
If a judge decides a case on the basis of findings of a previous court in a similar case, which latin term applies
Correct Answer
C. Stare decisis
Explanation
Stare decisis is the correct answer because it refers to the legal principle of deciding cases based on precedent. When a judge relies on the findings of a previous court in a similar case, they are following the doctrine of stare decisis, which promotes consistency and stability in the legal system. This principle allows for predictability in the law and ensures that similar cases are treated similarly, creating a sense of fairness and equality.
19.
The supreme court hears cases from courts with what jurisdiction
Correct Answer
B. Lower jurisdiction than the supreme court
Explanation
The correct answer is "lower jurisdiction than the supreme court." The Supreme Court is the highest court in the land and has the authority to hear cases on appeal from lower courts. This means that it has jurisdiction over cases that have already been decided by lower courts and are being appealed. So, the Supreme Court does not hear cases from courts with higher jurisdiction, equal jurisdiction, or no jurisdiction, but rather from courts with lower jurisdiction.
20.
Which of the following is true about a malpractice case
Correct Answer
A. There must be proof of a breach of duty
Explanation
In a malpractice case, it is necessary to provide proof of a breach of duty. This means that there must be evidence to show that the healthcare professional failed to meet the standard of care expected in their profession. Without proof of a breach of duty, it would be difficult to establish that malpractice has occurred. The other options mentioned in the question are not true about a malpractice case. Damages are typically present, the cause of the damages must be specific, and the person who caused the damages has a duty to care for the patient.
21.
Which of the following would not be considered a tort
Correct Answer
D. Theft of narcotics
Explanation
Theft of narcotics would not be considered a tort because it is a criminal act, not a civil wrong. A tort refers to a civil wrongdoing that causes harm or injury to another person, while theft of narcotics is a criminal offense that involves the unlawful taking of someone else's drugs. Although it is illegal and punishable under criminal law, it does not fall under the category of tort law.
22.
Which type of tort has at its essence the relationship to or ownership of the thing that causes harm
Correct Answer
C. Strict liability
Explanation
Strict liability is the type of tort that holds individuals or entities responsible for any harm caused by their actions or products, regardless of whether they intended to cause harm or were negligent. Unlike other types of torts, strict liability focuses on the ownership or relationship to the thing that caused harm, rather than the intent or negligence of the party involved. This means that even if the person or entity did everything reasonably possible to prevent harm, they can still be held liable for any damages caused.
23.
Which of the following is not among the major intentional torts
Correct Answer
B. Murder
Explanation
The question is asking for the tort that is not considered one of the major intentional torts. Among the options given, murder stands out as it is a criminal offense rather than a tort. While battery, assault, and false imprisonment are all examples of intentional torts, murder involves the unlawful killing of another person and falls under criminal law. Therefore, murder is not among the major intentional torts.
24.
Placing a person in immediate fear or apprehension of a harmful touching without his or her consent is
Correct Answer
A. Assault
Explanation
Assault is the correct answer because it refers to the act of intentionally causing someone to fear immediate harm or apprehension of harmful touching without their consent. It involves the threat of physical harm or unwanted contact, even if no actual physical contact occurs. Battery, on the other hand, involves the intentional and unlawful physical contact with another person without their consent. Consent refers to giving permission or agreement, while negligence refers to the failure to exercise reasonable care, resulting in harm to others.
25.
During which of the following surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent
Correct Answer
B. The pHysician finds an unexpected blood clot and removes it during heart surgery
Explanation
In the given scenario, it would be reasonable for a physician to remove the unexpected blood clot during heart surgery without specific consent. This is because the presence of a blood clot during heart surgery poses a significant risk to the patient's life and immediate action is required to prevent further complications such as a heart attack or stroke. In such critical situations, the physician is authorized to make decisions in the best interest of the patient's health and well-being. Removing the blood clot is necessary to ensure the success and safety of the heart surgery.
26.
Which of the following patients could probably receive a blood transusion without consent if the physician obtain a court order
Correct Answer
C. A 17-year-old female whose parents refuse a transfusion
Explanation
A 17-year-old female whose parents refuse a transfusion could probably receive a blood transfusion without consent if the physician obtains a court order. This is because the patient is a minor and her parents have refused the transfusion on her behalf. In such cases, if the physician believes that the transfusion is necessary for the patient's well-being, they can seek a court order to override the parents' refusal and proceed with the transfusion.
27.
Which of the following can be transferred
Correct Answer
B. Intent
Explanation
Intent can be transferred in the context of tort law. Transferred intent occurs when a person intends to commit a wrongful act against one individual but ends up causing harm to another person instead. In such cases, the law allows the intent to be transferred from the intended victim to the actual victim. This means that the person who intended to cause harm will still be held liable for their actions, even if the harm was inflicted on a different person than originally intended.
28.
Consent is implied when
Correct Answer
A. The patient's life is threatened if the procedure is not performed
Explanation
Consent is implied when the patient's life is threatened if the procedure is not performed. In this situation, the urgency and necessity of the procedure outweigh the need for explicit consent from the patient. The physician is acting in the best interest of the patient's health and well-being by proceeding with the procedure without obtaining explicit consent. This is a justified exception to the general requirement of obtaining informed consent from the patient.
29.
In which of the following situations could sexual activity with a patient be acceptable
Correct Answer
D. Sexual activity is never acceptable with patients
Explanation
Sexual activity with a patient is never acceptable because it violates professional boundaries, ethical guidelines, and can lead to exploitation, harm, and a breach of trust. Engaging in a sexual relationship with a patient can compromise the patient's autonomy, impair the quality of medical care, and create a power imbalance. It is crucial for healthcare professionals to prioritize the well-being and best interests of their patients, and engaging in sexual activity undermines this fundamental principle.
30.
In which of the following situations would a medical facility probably avoid false imprisionment charges
Correct Answer
C. A severely intoxicated adult male is held in the hospital emergency room and the pHysician refuses to release him
Explanation
In this situation, a medical facility would probably avoid false imprisonment charges because the severely intoxicated adult male poses a danger to himself and others due to his impaired state. By holding him in the hospital emergency room and refusing to release him, the physician is acting in the best interest of the patient's safety and well-being. This action can be justified as necessary to prevent harm and ensure proper medical care for the intoxicated individual.
31.
A written statement of defamatin is known as
Correct Answer
C. Libel
Explanation
Libel is the correct answer because it refers to a written statement of defamation. Defamation involves making false statements about someone that harm their reputation, and when these false statements are made in writing, it is specifically called libel. Libel is a form of defamation that can cause significant damage to a person's reputation and can result in legal consequences.
32.
A person comes into the emergency room complaining of chest pain. while the doctor is examining the paitent, the patient becomes inconscious. the physician performs life-saving measures to treat the patient. the physician determines that the patient needs emergency surgery or will definitely die. the patient is rushed to surgery. this is an example of:
Correct Answer
C. Implied consent
Explanation
In this scenario, the patient comes into the emergency room complaining of chest pain and becomes unconscious while being examined by the doctor. The physician, recognizing the urgency of the situation, performs life-saving measures to treat the patient. The physician then determines that emergency surgery is necessary to save the patient's life. Since the patient is unconscious and unable to provide explicit consent for the surgery, the physician relies on the concept of implied consent. Implied consent is assumed when the patient's condition is life-threatening and immediate action is necessary to prevent further harm or death.
33.
Which type of consent is necessary to help health-care workers avoid accusations of battery
Correct Answer
B. General consent
Explanation
General consent is necessary to help health-care workers avoid accusations of battery. General consent refers to the broad permission given by a patient for routine medical procedures and examinations. It allows health-care workers to provide necessary care without obtaining specific consent for each individual procedure. This type of consent ensures that patients are aware of the general nature of the procedures they may undergo and eliminates the risk of accusations of battery, as long as the care provided falls within the scope of the general consent given.
34.
Taising a hand to strike a patient, even if the patient was not touched, can be considered
Correct Answer
A. Assault
Explanation
Raising a hand to strike a patient, even if the patient was not actually touched, can be considered assault. Assault refers to the intentional act of causing apprehension of harmful or offensive contact, even if physical contact does not occur. In this scenario, the act of raising a hand to strike the patient creates a reasonable fear or apprehension of imminent harmful contact, which falls under the definition of assault.
35.
A health-care professional who believs that an unconscious patient should receive a certain treatment but knows that the patient's religious beliefs prohibit such treatment faces
Correct Answer
A. Ethical dilimma
Explanation
The correct answer is ethical dilemma. In this scenario, the health-care professional is faced with a conflict between their belief that the unconscious patient should receive a certain treatment and the patient's religious beliefs that prohibit such treatment. This creates a moral dilemma for the professional as they must decide whether to respect the patient's religious beliefs or prioritize their own belief in providing the necessary treatment.
36.
Use of retraint on a nursing home patient who is constantly wandering the halls is an example of
Correct Answer
D. False imprisonment
Explanation
The use of restraint on a nursing home patient who is constantly wandering the halls is an example of false imprisonment. False imprisonment refers to the intentional confinement or restraint of a person without lawful justification. In this case, the patient is being confined against their will, which is a violation of their freedom and personal rights.
37.
Which of the following issues would not appear in an institution's policy on use of restraints
Correct Answer
D. What type of restraints can be used during a staffing shortage
Explanation
The issue of what type of restraints can be used during a staffing shortage would not appear in an institution's policy on the use of restraints. The policy would typically focus on guidelines for the use of restraints, the circumstances under which restraints may be used, the type of monitoring required for patients in restraints, and the documentation needed to justify their use. However, the policy would not specifically address the type of restraints that can be used during a staffing shortage, as this is not directly related to the policy on restraint use.
38.
Quasi-intentional torts include all the following except
Correct Answer
C. Battery
Explanation
Quasi-intentional torts refer to actions that are committed with some level of intent, but not with the full intention to cause harm. Battery, on the other hand, is considered an intentional tort, as it involves the intentional harmful or offensive contact with another person without their consent. Therefore, battery does not fall under the category of quasi-intentional torts.
39.
The statement, "the information is true, but it is information that a person wants to keep private," likely pertains to
Correct Answer
A. Invasion of privacy
Explanation
The statement "the information is true, but it is information that a person wants to keep private" is likely referring to invasion of privacy. Invasion of privacy occurs when someone's personal information or private affairs are disclosed without their consent. In this case, the information may be true, but the fact that the person wants to keep it private suggests that their privacy has been violated. This could involve unauthorized access to personal records, publicizing private conversations or photographs, or any other form of intrusion into someone's personal life.
40.
As a result of increased use of computers in the health-care setting, the following was established to decrease the potential for breach of confidentiatlity
Correct Answer
B. HIPAA
Explanation
HIPAA (Health Insurance Portability and Accountability Act) was established as a result of increased use of computers in the health-care setting to decrease the potential for breach of confidentiality. HIPAA provides regulations and guidelines for the protection of patient health information and sets standards for privacy and security. It ensures that healthcare providers, insurance companies, and other entities handling patient information maintain the confidentiality and integrity of the data, thereby safeguarding patient privacy.
41.
Which of the following statements regarding individual liability insurance policies is correct
Correct Answer
C. Independent contractors may require individual liability coverage even though he or she may be covered under a health-care facility's policy
Explanation
Independent contractors may require individual liability coverage even though they may be covered under a health-care facility's policy because the facility's policy may not provide sufficient coverage for all potential liabilities. Additionally, individual liability coverage can provide protection for the contractor in case they are sued individually, separate from any actions taken at the health-care facility.
42.
The prime objective of obtaining liability coverage is to
Correct Answer
B. Protect assets in the event of a settlement in the claimant's favor
Explanation
The prime objective of obtaining liability coverage is to protect assets in the event of a settlement in the claimant's favor. Liability coverage provides financial protection by covering the costs of legal fees, settlements, and judgments in case a claim is filed against the insured. By having liability coverage, individuals or businesses can safeguard their assets from being depleted in the event of a settlement, ensuring that they are not personally responsible for paying large sums of money out of pocket.
43.
Which of the following individuals is probably an independent contractor
Correct Answer
A. A private nurse who sits with a patient just moved from intensive care
Explanation
The private nurse who sits with a patient just moved from intensive care is likely an independent contractor because they are providing a specific service to a patient on a temporary basis. Independent contractors typically have more control over their work schedule and are hired for specific tasks or projects, rather than being employed by a company or organization on a permanent basis.
44.
Most physicians' offices carry a liability policy. which of these individuals would not be covered under the policy
Correct Answer
C. Patient
Explanation
The patient would not be covered under the liability policy because the policy is designed to protect the physician and the medical staff from any claims or lawsuits arising from their professional activities. The patient is not part of the medical staff and therefore would not be included in the coverage provided by the policy.
45.
A claim on a liability policy might result from
Correct Answer
D. All of the above
Explanation
A claim on a liability policy might result from sexual assault by a physician in the course of a patient's visit, dispensing the wrong medication to a patient, and errors made during surgery. In each of these scenarios, harm or injury is caused to the patient, which may lead to a claim being filed against the physician or healthcare provider. These incidents can result in legal action, financial compensation, or other consequences, making it important for healthcare professionals to have liability insurance to protect themselves and their practice.
46.
What is the best reason to carry a personal professional liability policy
Correct Answer
B. It insures that the insurer maintains loyalty to its own insured
Explanation
A personal professional liability policy ensures that the insurer maintains loyalty to its own insured because the policy is specifically designed to protect professionals from liability claims arising from their professional services. By having this policy, the insured can have confidence that their insurer will prioritize their best interests and provide support in case of any liability claims. This loyalty and support from the insurer can be crucial in protecting the professional's reputation, financial stability, and overall peace of mind.
47.
Which is not an advantage of a personal professional liability policy
Correct Answer
A. It is expensive
Explanation
An advantage of a personal professional liability policy is that it may cover acts that the employer's policy does not cover. However, the statement "it is expensive" suggests that the cost of the policy is not an advantage.
48.
If a policy was in effect from January 1, 1995, through December 31, 2000, and a liability claim was filed on June 23, 2002, what type of coverage could cover the claim, if purchased
Correct Answer
B. Tail coverage
Explanation
Tail coverage is a type of coverage that can cover a liability claim even if it is filed after the policy has expired. In this case, the policy was in effect from January 1, 1995, through December 31, 2000, and the claim was filed on June 23, 2002. Since the claim was filed after the policy had expired, the only type of coverage that could cover the claim would be tail coverage. Tail coverage provides extended coverage for claims that are made after the expiration of a policy.
49.
A policy was in effect from July 1, 1979, through August 31, 1995. a claim was made on the policy on October 24, 1998, related to an incident that happened while coverage was in force. which type of policy is most likely to cover the claim
Correct Answer
C. Occurrence
Explanation
An occurrence policy is most likely to cover the claim in this scenario. An occurrence policy provides coverage for incidents that happened during the policy period, regardless of when the claim is made. In this case, the incident happened while coverage was in force, even though the claim was made after the policy period ended. Therefore, an occurrence policy would still provide coverage for the claim.
50.
The declarations page of a policy would not include which of the following items
Correct Answer
A. Details of coverage
Explanation
The declarations page of a policy includes important information about the policy such as the names of the persons or institutions covered, the period of time for which the policy is in effect, and the amount of aggregate coverage. However, it would not include the details of coverage, as this information is typically outlined in the policy itself or in separate documents provided by the insurer. The declarations page serves as a summary of the policy's key details, making it easier for the policyholder to understand their coverage at a glance.