Deck 2: The Legal System

Question 1

Congress is the _____ branch of the federal government for the United States.

A) executive
B) legislative
C) judicial
D) constitutional

Answer 1

legislative

Question 2

The purpose of a constitution is to

A) set up a government.
B) define the power of the government to act.
C) set limits on the government's power.
D) all of the above.

Answer 2

all of the above.

Question 3

Which definition is the best for precedent?

A) The ruling of a current case that is applied to a current case when the facts are different
B) The ruling in an early case that is applied to a subsequent case when the facts are the same
C) Let the decision stand
D) Liability for an injury to another person even if there was no intent to harm the other person

Answer 3

The ruling in an early case that is applied to a subsequent case when the facts are the same

Question 4

Which carries the punishment of fines or imprisonment in jail for up to a year?

A) A misdemeanor
B) A felony
C) Negligence
D) Battery

Question 5

A rule or law made by an agency is called a/an

A) bill.
B) regulation.
C) statute.
D) act.

Question 6

Statutes are laws passed by

A) the state legislature.
B) Congress.
C) the president.
D) Congress or the state legislature.

Question 7

Which of the following best defines an expressed contract?

A) Agreement is shown through inference by signs, inaction, or silence
B) Agreement is entered into orally clearly stated) or in writing
C) Failure to comply with the terms of the agreement
D) All of the above

Question 8

Professional exercise of the type of care that a reasonable person would use in a similar circumstance is

A) the standard of care.
B) negligence.
C) a breach.
D) an unintentional tort.

Question 9

Failure or omission to perform professional duties to an accepted level is called

A) fraud.
B) negligence.
C) unintentional tort.
D) consideration.

Question 10

A civil injury or wrongful act committed against another person or property that results in harm and is compensated by money damages is

A) civil law.
B) tort law.
C) contract law.
D) administrative law.

Question 11

The result of breaking a criminal law may be

A) a fine.
B) imprisonment.
C) loss of a medical license.
D) all of the above.

Question 12

The individual states

A) may vary on how they interpret and implement state laws.
B) may vary on how they interpret and implement federal laws.
C) must administer federal law the same.
D) a and c.

Question 13

Intentional torts include

A) assault and battery.
B) defamation.
C) false imprisonment.
D) all of the above.

Question 14

Common law is established through

A) court decision.
B) federal law.
C) state decision.
D) municipal decision.

Question 15

Civil law includes

A) torts.
B) contracts.
C) medical malpractice.
D) all of the above.

Question 16

Which is the best definition of libel?

A) Speaking false and malicious words concerning another person, which brings injury to his or her reputation
B) Making false and/or malicious statements about another person
C) Any publication in print, writing, pictures, or signs that injures the reputation of another person
D) Attempts to deceive another person

Question 17

Civil law is commonly handled and settled

A) by the judge.
B) by the governor.
C) outside the courtroom.
D) by the federal government.

Question 18

A contract between the patient and the physician can be terminated for

A) failure to follow instructions on the part of the patient.
B) missed appointments by the patient.
C) failure to pay for services.
D) all of the above.

Question 19

Action taken to confine a patient against his or her will is

A) defamation.
B) false imprisonment.
C) assault.
D) battery.

Question 20

The federal court has jurisdiction a over case when

A) the case relates to federal law.
B) the dispute occurred on or in international waters.
C) another country's citizen and a U.S. citizen are in dispute with a monetary value of over $75,000.
D) all of the above.

Question 21

When testifying in court, it is important to

A) tell the truth.
B) state the facts.
C) include your opinion.
D) a and b.

Question 22

The person being sued in a court of law is the

A) plaintiff.
B) jury.
C) defendant.
D) litigator.

Question 23

An expert witness is considered to have

A) knowledge of the crime committed.
B) a legal background for example, a lawyer).
C) knowledge or experience beyond the jury.
D) all of the above.

Question 24

Which of the following is the lowest to highest division of the state courts?

A) Municipal, circuit, supreme
B) Circuit, municipal, supreme
C) Supreme, circuit, municipal
D) Municipal, supreme, circuit

Question 25

A court order for a witness and certain documents to appear in court is a

A) deposition.
B) subpoena duces tecum. Slash deleted
C) discovery.
D) subpoena.