Deck 4: Law the Courts and Contracts

Question 1

A state court would have jurisdiction in which of the following cases?

A) copyright infringement
B) antitrust
C) admiralty law
D) bankruptcy
E) license revocation

Answer 1

license revocation

Question 2

The relatives of a patient in a nursing home have been prevented from seeing their family member by one of the staff in the nursing home. The patient had filed a complaint about the staff member, so the staff member thought it appropriate to prevent visitors. Which of the following torts might the staff member be convicted of?

A) false imprisonment
B) conversion
C) invasion of privacy
D) deceit
E) trespass

Answer 2

trespass

Question 3

When entering into a contract, certain conditions must pertain to the offer. Which of the following accurately describes one of these conditions?

A) It may only relate to the future.
B) It must be communicated.
C) It must be made under duress.
D) It must be clearly understood by at least one of the parties.
E) Its value must be at least $100.

Answer 3

It must be communicated.

Question 4

If a mentally incompetent person enters into a contract, the agreement may be set aside or validated at a later date. In this case, the agreement is said to be:

A) voidable
B) nullified
C) enforced
D) breached
E) violated

Question 5

Which list describes the elements of a contract?

A) agreement, subject matter, legality, and contractual capacity
B) agreement, consideration, trade, and contractual capacity
C) agreement, accounting, legality, and subject matter
D) agreement, consideration, legal subject matter, and contractual capacity
E) agreement, precedent, legality, and contractual capacity

Question 6

Unintentionally, a health care provider fails to exercise what is considered ordinary care. This is called _____________ and the provider may be sued by the patient.

A) a mistake
B) precedent
C) criminal
D) negligence
E) assault

Question 7

The highest law in our country is:

A) the Bill of Rights
B) the U.S. Constitution
C) the doctrine of respondeat superior
D) a Supreme Court decision
E) an executive order

Question 8

Practicing medicine without a license is an example of which of the following types of laws?

A) criminal law
B) common law
C) administrative law
D) civil law
E) substantive law

Question 9

Broad enabling statutes defining an agency's powers and procedures are known as

A) administrative laws
B) common laws
C) substantive laws
D) acts
E) precedents

Question 10

A court of last resort is commonly known as a:

A) federal court
B) supreme court
C) county court
D) state court
E) district court

Question 11

A physician assistant provides treatment to a person who has come to the emergency room for treatment of a painful rash. This is an example of a(n)

A) written contract.
B) limited contract.
C) verbal contract.
D) implied contract.
E) implied limited contract.

Question 12

There are ______ branches of the federal government.

A) five
B) two
C) three
D) four
E) six

Question 13

Battery is defined as:

A) publicly damaging another's reputation
B) the action that causes bodily harm to someone
C) needless or willful damage
D) the open threat of bodily harm
E) needless or willful violence

Question 14

A misdemeanor is

A) punishable by at least one year in prison.
B) a federal violation of the law.
C) a less serious criminal act.
D) a more serious criminal act.
E) a civil offense.

Question 15

Assault is defined as:

A) publicly damaging another's reputation
B) the action that causes bodily harm to someone
C) needless or willful damage
D) the open threat of bodily harm
E) needless or willful violence

Question 16

Laws enacted by state or federal legislatures are called:

A) case law
B) bills
C) amendments
D) statutes
E) common law

Question 17

A nurse who steals drugs from a medication cart is committing an offense under what kind of law?

A) common law
B) criminal law
C) administrative law
D) civil law
E) substantive law

Question 18

The President of the United Sates exercises limited legislative powers when issuing:

A) fines
B) public notices
C) statutes
D) common law
E) executive orders

Question 19

A felony is:

A) a less serious criminal act
B) a federal violation of the law
C) punishable by less than one year in prison
D) a civil offense
E) a more serious criminal act

Question 20

Those responsibilities not set by the United States Constitution are left to the states. Which of the following is an exclusive power of state governments?

A) establish post offices
B) issue licenses
C) print money
D) nominate judges for the federal courts
E) make laws controlling trade between states

Question 21

For which of the following actions would an employer be responsible under respondeat superior?

A) An employee assaults a patient in the parking lot.
B) An employee steals narcotic drugs from the medication room.
C) An employee accidently prescribes the wrong medication.
D) An employee knowingly defames the character of a patient.
E) An employee gets into an auto accident on their way home from work.

Question 22

Amanda is a nurse in Dr. Smith's pediatric practice. She accidently gives a patient the wrong medication. Dr. Smith is held responsible under:

A) res ipsa loquitur
B) duces tecum
C) implied contract
D) expressed contract
E) respondeat superior

Question 23

Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?

A) Exercise his or her best professional judgment in all cases.
B) Treat every patient who seeks medical care.
C) Restore the patient to his or her original state of health.
D) Possess the highest skills possible within the profession.
E) Guarantee successful results.

Question 24

The Easy Collection Agency continues to call Susan at work to talk to her about her past due account at St. John's Hospital. The Easy Collection Agency is violating which law?

A) Fair Debt Collection Practices Act
B) Regulation Z of the Consumer Protection Act
C) Health Insurance Portability and Accountability Act
D) Health Collection Act
E) Statute of Frauds

Question 25

From which of the following does an implied contract result?

A) the terms of the spoken agreement
B) the legally worded contract
C) the oral agreement of the parties involved
D) the written contract
E) the actions of the parties involved

Question 26

Dr. Giles and his practice manager are considering charging interest on unpaid balances. Which law says the doctor must first tell the patients of this change in policy?

A) Fair Debt Collection Practices Act
B) Regulation Z of the Consumer Protection Act
C) Health Insurance Portability and Accountability Act
D) Health Collection Act
E) Statute of Frauds

Question 27

A patient has not paid the balance due after insurance payments. The practice manager has sent numerous reminders and the patient has not contacted the practice. At this point, the practice manager

A) may sue the patient for the balance.
B) may have the physician sign a letter of dismissal with 30 days to find a new physician.
C) can do nothing; the practice is out the money owed.
D) may begin calling the patient at work.
E) can report the patient to the Better Business Bureau.

Question 28

The American Hospital Association (AHA) created a Patients' Bill of Rights in 1973. This Bill of Rights has

A) become federal law.
B) become state law in 25 states.
C) been dropped and has become the Patient Care Partnership.
D) been dropped by 25 states.
E) been dropped and has become the Healthcare Provider Creed.

Question 29

The law of ________ makes employers liable for the actions of their employees.

A) liability
B) expression
C) the agent
D) agency
E) corporate action

Question 30

Which of the following must be in writing?

A) third-party contract for health care coverage
B) implied contract
C) expressed contract
D) employment contract
E) termination contract