Question 1

Which definition is the best for precedent?&#10;A)The ruling of a current case that is applied to a current case when the facts are different&#10;B)The ruling in an early case that is applied to a subsequent case when the facts are the same&#10;C)Let the decision stand&#10;D)Liability for an injury to another person even if there was no intent to harm the other person

Accepted Answer

Precedent refers to a legal principle established in a previous case, which is used as a basis for deciding similar cases that follow. Option B correctly defines precedent as the ruling in an early case that is applied to a subsequent case when the facts of both cases are similar. Option A is incorrect because it describes the concept of distinguishing a prior case when the facts of that case differ from the current case. Option C describes the principle of stare decisis, which means letting the decision stand, but does not fully define precedent. Option D describes the concept of strict liability, which is not related to precedent.

Question 2

A contract between the patient and the physician can be terminated for&#10;A)failure to follow instructions on the part of the patient.&#10;B)missed appointments by the patient.&#10;C)failure to pay for services.&#10;D)all of the above.

Accepted Answer

All three options are legitimate reasons for termination of the contract between the patient and physician. If the patient repeatedly fails to follow instructions, misses appointments without cancellation or fails to pay for services rendered, the physician has the right to terminate the contract.

Question 3

The federal court has jurisdiction a over case when&#10;A)the case relates to federal law.&#10;B)the dispute occurred on or in international waters.&#10;C)another country's citizen and a U.S.citizen are in dispute with a monetary value of over $75,000.&#10;D)all of the above.

Accepted Answer

All three choices - A, B, and C - are correct reasons for federal court jurisdiction. If a case involves federal law, it would fall under the jurisdiction of the federal court system. Similarly, if the dispute occurred on international waters, it would fall under federal jurisdiction. Finally, if a dispute involves citizens from different countries and the amount in dispute is over $75,000, it would also fall under federal jurisdiction.

Question 4

Civil law includes&#10;A)torts.&#10;B)contracts.&#10;C)medical malpractice.&#10;D)all of the above.

Accepted Answer

Civil law encompasses many areas, including torts (such as personal injury claims), contracts, and medical malpractice. Therefore, all of the answer choices are correct.

Question 5

Which of the following best defines an expressed contract?&#10;A)Agreement is shown through inference by signs,inaction,or silence.&#10;B)Agreement is entered into orally (clearly stated)or in writing.&#10;C)Failure to comply with the terms of the agreement&#10;D)All of the above

Accepted Answer

An expressed contract is one in which the agreement is entered into orally or in writing and clearly stated.

Question 6

Congress is the ________ branch of the federal government for the United States.&#10;A)executive&#10;B)legislative&#10;C)judicial&#10;D)constitutional

Accepted Answer

Congress is composed of the Senate and the House of Representatives, which make up the legislative branch of the federal government. The executive branch is headed by the President of the United States, while the judicial branch is made up of the Supreme Court and other federal courts. The term "constitutional" does not refer to a specific branch of the federal government.

Question 7

Civil law is commonly handled and settled&#10;A)by the judge.&#10;B)by the governor.&#10;C)outside the courtroom.&#10;D)by the federal government.

Accepted Answer

Civil law disputes are often handled and settled outside the courtroom through negotiation, mediation, or arbitration. This is in contrast to criminal law cases where trials and legal proceedings often take place in a courtroom. Civil disputes may also be resolved through small claims court or through a judge's ruling if a settlement cannot be reached outside of court. The governor and federal government typically do not play direct roles in handling civil law disputes.

Question 8

Which is the best definition of libel?&#10;A)Speaking false and malicious words concerning another person,which brings injury to his or her reputation&#10;B)Making false and/or malicious statements about another person&#10;C)Any publication in print,writing,pictures,or signs that injures the reputation of another person&#10;D)Attempts to deceive another person

Accepted Answer

Libel refers to any publication in print, writing, pictures, or signs that injures the reputation of another person. This distinguishes it from slander, which refers to the spoken word. Libel is characterized by false and defamatory statements that are published or broadcast. Libel can lead to a civil lawsuit, with a plaintiff seeking damages for harm inflicted on their character and reputation.

Question 9

The purpose of a constitution is to&#10;A)set up a government.&#10;B)define the power of the government to act.&#10;C)set limits on the government's power.&#10;D)all of the above.

Accepted Answer

A constitution serves various purposes, including setting up a government, defining its power to act, and setting limits on its power. Therefore, option D "all of the above" is the most appropriate choice.

Question 10

Common law is established through&#10;A)court decision.&#10;B)federal law.&#10;C)state decision.&#10;D)municipal decision.

Accepted Answer

Common law is established through court decisions, or judicial precedent. It is based on prior decisions made by judges in similar cases and becomes binding on future cases with similar facts. Federal, state, and municipal laws may also play a role in shaping common law, but they do not establish it directly.

Question 11

The individual states&#10;A)may vary on how they interpret and implement state laws.&#10;B)may vary on how they interpret and implement federal laws.&#10;C)must administer federal law the same.&#10;D)A and C.

Accepted Answer

The answer of The individual states&#10;A)may vary on how they...

Question 12

Action taken to confine a patient against his or her will is&#10;A)defamation.&#10;B)false imprisonment.&#10;C)assault.&#10;D)battery.

Accepted Answer

The answer of Action taken to confine a patient against...

Question 13

Failure or omission to perform professional duties to an accepted level is called&#10;A)fraud.&#10;B)negligence.&#10;C)unintentional tort.&#10;D)consideration.

Accepted Answer

The answer of Failure or omission to perform professional duties...

Question 14

A rule or law made by an agency is called a/an&#10;A)bill.&#10;B)regulation.&#10;C)statute.&#10;D)act.

Accepted Answer

The answer of A rule or law made by an...

Question 15

Intentional torts include&#10;A)assault and battery.&#10;B)defamation.&#10;C)false imprisonment.&#10;D)all of the above.

Accepted Answer

The answer of Intentional torts include&#10;A)assault and battery.&#10;B)defamation.&#10;C)false imprisonment.&#10;D)all of...

Question 16

A civil injury or wrongful act committed against another person or property that results in harm and is compensated by money damages is&#10;A)civil law.&#10;B)tort law.&#10;C)contract law.&#10;D)administrative law.

Accepted Answer

The answer of A civil injury or wrongful act committed...

Question 17

Professional exercise of the type of care that a reasonable person would use in a similar circumstance is&#10;A)the standard of care.&#10;B)negligence.&#10;C)a breach.&#10;D)an unintentional tort.

Accepted Answer

The answer of Professional exercise of the type of care...

Question 18

Statutes are laws passed by&#10;A)the state legislature.&#10;B)Congress.&#10;C)the president.&#10;D)Congress or the state legislature.

Accepted Answer

The answer of Statutes are laws passed by&#10;A)the state legislature.&#10;B)Congress.&#10;C)the...

Question 19

The result of breaking a criminal law may be&#10;A)a fine.&#10;B)imprisonment.&#10;C)loss of a medical license.&#10;D)all of the above.

Accepted Answer

The answer of The result of breaking a criminal law...

Question 20

Which carries the punishment of fines or imprisonment in jail for up to a year?&#10;A)A misdemeanor&#10;B)A felony&#10;C)Negligence&#10;D)Battery

Accepted Answer

The answer of Which carries the punishment of fines or...

Question 21

When testifying in court,it is important to&#10;A)tell the truth.&#10;B)state the facts.&#10;C)include your opinion.&#10;D)A and B.

Accepted Answer

The answer of When testifying in court,it is important to&#10;A)tell...

Question 22

An expert witness is considered to have&#10;A)knowledge of the crime committed.&#10;B)a legal background (for example,a lawyer).&#10;C)knowledge or experience beyond the jury.&#10;D)all of the above.

Accepted Answer

The answer of An expert witness is considered to have&#10;A)knowledge...

Question 23

The person being sued in a court of law is the&#10;A)plaintiff.&#10;B)jury.&#10;C)defendant.&#10;D)litigator.

Accepted Answer

The answer of The person being sued in a court...

Question 24

Which of the following is the lowest to highest division of the state courts?&#10;A)Municipal,circuit,supreme&#10;B)Circuit,municipal,supreme&#10;C)Supreme,circuit,municipal&#10;D)Municipal,supreme,circuit

Accepted Answer

The answer of Which of the following is the lowest...

Question 25

A court order for a witness and certain documents to appear in court is a&#10;A)deposition.&#10;B)subpoena duces tecum.&#10;C)discovery.&#10;D)subpoena.

Accepted Answer

The answer of A court order for a witness and...

Deck 2: The Legal System