Deck 1: The Us Legal System

Question 1

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 options

Answer 1

All of the options

Question 2

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.

Answer 2

in rem jurisdiction.

Question 3

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

Answer 3

Legislative

Question 4

All of the following are sources of law except

A) administrative law.
B) statutory law.
C) state judicial rulings.
D) Bill of Rights.

Question 5

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 6

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 options

Question 7

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 8

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.

Question 9

Which statement about the checks and balances system is false?

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 10

When the US 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 11

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 12

A defendant is asked, "What did you see just before you stopped your car to help the victims of the car wreck?" This may be a case of which of the following:

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

Question 13

A hospital worker steals a patient's medical chart. This case would be tried in which type of court?

A) State trial court
B) State appellate court
C) Federal court
D) US Supreme Court

Question 14

The individual who brings a case to court is the

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

Question 15

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

Question 16

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 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 17

The Supreme Court hears cases from courts of which 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

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 19

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 20

All of 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 her neglectful mother and placed in foster care by the state.

Question 21

OSHA was created by which branch of government?

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

This branch of government proposes legislation and enforces laws.

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

Question 24

This branch of government establishes agencies to enact administrative law.

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

Question 25

Which of the following develops from decisions previously made by courts, or precedents, and is binding on all lower courts?

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