Test Bank Legal and Ethical Aspects of Health Information Management , 5th Edition Dana C. McWay A+

$35.00
Test Bank Legal and Ethical Aspects of Health Information Management , 5th Edition Dana C. McWay A+

Test Bank Legal and Ethical Aspects of Health Information Management , 5th Edition Dana C. McWay A+

$35.00
Test Bank Legal and Ethical Aspects of Health Information Management , 5th Edition Dana C. McWay A+

1. Standards for human behavior are established through _____.

a.

concepts

b.

laws

c.

moral principles

d.

societal ideals

ANSWER:

b

FEEDBACK:

a.

Incorrect. Law establishes certain standards for human behavior.

b.

Correct. Law establishes certain standards for human behavior.

c.

Incorrect. Law establishes certain standards for human behavior.

d.

Incorrect. Law establishes certain standards for human behavior.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/20/2019 6:13 AM

DATE MODIFIED:

9/25/2019 2:30 AM

2. Under civil law, the burden of proof is described as a _____.

a.

determination to be met by the presiding judge at the trial

b.

meeting of the minds where at least two persons or entities must reach an agreement

c.

preponderance of the evidence, which is defined as “more likely than not”

d.

requirement that something be proven beyond a reasonable doubt

ANSWER:

c

FEEDBACK:

a.

Incorrect. The burden of proof is “preponderance of the evidence,” which is defined as “more likely than not.”

b.

Incorrect. The burden of proof is “preponderance of the evidence,” which is defined as “more likely than not.”

c.

Correct. The burden of proof is “preponderance of the evidence,” which is defined as “more likely than not.”

d.

Incorrect. The burden of proof is “preponderance of the evidence,” which is defined as “more likely than not.”

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/20/2019 6:31 AM

DATE MODIFIED:

9/25/2019 2:31 AM

3. Which statement is associated with civil law?

a.

Defendants who do not pay court-assessed damages are imprisoned.

b.

It is an area of law and justice that attempts to settle disputes among individuals.

c.

Its body of law involves the state versus individuals and relies on statutory law.

d.

Either plaintiff or defendant can be found partially right or wrong, but not both.

ANSWER:

b

FEEDBACK:

a.

Incorrect. In civil law both parties may be anybody, including governments, corporations, and individual persons.

b.

Correct. In civil law both parties may be anybody, including governments, corporations, and individual persons.

c.

Incorrect. In civil law both parties may be anybody, including governments, corporations, and individual persons.

d.

Incorrect. In civil law both parties may be anybody, including governments, corporations, and individual persons.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/20/2019 6:34 AM

DATE MODIFIED:

9/25/2019 2:35 AM

4. The plaintiff is always the state or federal government in _____ law.

a.

contract

b.

civil

c.

criminal

d.

private

ANSWER:

c

FEEDBACK:

a.

Incorrect. The plaintiff is always the state or federal government in criminal law.

b.

Incorrect. The plaintiff is always the state or federal government in criminal law.

c.

Correct. The plaintiff is always the state or federal government in criminal law.

d.

Incorrect. The plaintiff is always the state or federal government in criminal law.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/20/2019 6:39 AM

DATE MODIFIED:

9/25/2019 2:37 AM

5. Which statement is associated with criminal law?

a.

The defendant is always the state or federal government.

b.

Only the plaintiff may appeal a decision.

c.

Punishment may be a fine or imprisonment.

d.

Federal statutes alone establish criminal law.

ANSWER:

c

FEEDBACK:

a.

Incorrect. In criminal law, punishment may be a fine and/or imprisonment.

b.

Incorrect. In criminal law, punishment may be a fine and/or imprisonment.

c.

Correct. In criminal law, punishment may be a fine and/or imprisonment.

d.

Incorrect. In criminal law, punishment may be a fine and/or imprisonment.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/20/2019 6:42 AM

DATE MODIFIED:

9/25/2019 2:43 AM

6. The burden of proof is “beyond a reasonable doubt” during a _____ trial?

a.

civil

b.

conflict

c.

contract

d.

criminal

ANSWER:

d

FEEDBACK:

a.

Incorrect. In criminal law, the burden of proof is “beyond a reasonable doubt.”

b.

Incorrect. In criminal law, the burden of proof is “beyond a reasonable doubt.”

c.

Incorrect. In criminal law, the burden of proof is “beyond a reasonable doubt.”

d.

Correct. In criminal law, the burden of proof is “beyond a reasonable doubt.”

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/20/2019 6:45 AM

DATE MODIFIED:

9/25/2019 2:46 AM

7. Which statement is associated with a criminal trial?

a.

Only the defendant may appeal a guilty verdict in a criminal case.

b.

Each defendant is initially assigned a court-appointed lawyer.

c.

State and federal statutes establish civil laws (or private laws).

d.

The burden of proof is on the defendant named in the case.

ANSWER:

a

FEEDBACK:

a.

Correct. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case.

b.

Incorrect. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case.

c.

Incorrect. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case.

d.

Incorrect. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 2:46 AM

DATE MODIFIED:

9/25/2019 2:48 AM

8. Which element of a contract means at least two persons or entities must reach an agreement?

a.

Obligation

b.

Acceptance

c.

Consideration

d.

Meeting of the minds

ANSWER:

d

FEEDBACK:

a.

Incorrect. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement.

b.

Incorrect. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement.

c.

Incorrect. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement.

d.

Correct. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 2:48 AM

DATE MODIFIED:

9/25/2019 2:50 AM

9. Consideration is an element of contract law that refers to _____.

a.

business etiquette

b.

exchange from one party in return for performing contractual obligations

c.

one party’s agreement to a promise

d.

an entity’s decision to enter into a contract

ANSWER:

b

FEEDBACK:

a.

Incorrect. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations.

b.

Correct. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations.

c.

Incorrect. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations.

d.

Incorrect. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 2:50 AM

DATE MODIFIED:

9/25/2019 2:52 AM

10. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court determined that _____.

a.

a patient cannot sue their health insurance company for breach of contract because that is prohibited by statutory law

b.

terms of an insurance policy cannot be altered after inception because the patient pays a monthly premium for insurance coverage and signing the contract protects the insurance company

c.

the insurance company had the right to deny payment for major medical expenses regardless of whether procedures and services performed were medically necessary

d.

the insured had the right to proceed against the insurance company for breach of contract to determine whether it had correctly determined that patient care was not medically necessary

ANSWER:

d

FEEDBACK:

a.

Incorrect. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary.

b.

Incorrect. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary.

c.

Incorrect. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary.

d.

Correct. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 2:53 AM

DATE MODIFIED:

9/25/2019 3:06 AM

11. The first 10 amendments to the U.S. Constitution are called _____.

a.

Judicial Declarations

b.

The Bill of Rights

c.

Executive Orders

d.

Titles of Nobility

ANSWER:

b

FEEDBACK:

a.

Incorrect. The first ten amendments are referred to as the Bill of Rights.

b.

Correct. The first ten amendments are referred to as the Bill of Rights.

c.

Incorrect. The first ten amendments are referred to as the Bill of Rights.

d.

Incorrect. The first ten amendments are referred to as the Bill of Rights.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:06 AM

DATE MODIFIED:

9/25/2019 3:07 AM

12. Which of the following is associated with the Bill of Rights?

a.

Protects the rights to freedom of speech and religion.

b.

Provides the right to vote for those age 18 and above.

c.

Allows unlimited rights to sue states in federal court.

d.

Includes equality of rights under the law regardless of gender.

ANSWER:

a

FEEDBACK:

a.

Correct. The Bill of Rights and include the rights to freedom of speech and religion, freedom from unreasonable search and seizure, freedom to bear arms, freedom to be protected against self-incrimination, freedom to demand a jury trial, and freedom to be afforded due process of law.

b.

Incorrect. The Bill of Rights and include the rights to freedom of speech and religion, freedom from unreasonable search and seizure, freedom to bear arms, freedom to be protected against self-incrimination, freedom to demand a jury trial, and freedom to be afforded due process of law.

c.

Incorrect. The Bill of Rights and include the rights to freedom of speech and religion, freedom from unreasonable search and seizure, freedom to bear arms, freedom to be protected against self-incrimination, freedom to demand a jury trial, and freedom to be afforded due process of law.

d.

Incorrect. The Bill of Rights and include the rights to freedom of speech and religion, freedom from unreasonable search and seizure, freedom to bear arms, freedom to be protected against self-incrimination, freedom to demand a jury trial, and freedom to be afforded due process of law.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:08 AM

DATE MODIFIED:

9/25/2019 3:10 AM

13. Which constitutional amendment prohibits double jeopardy?

a.

First

b.

Fifth

c.

Second

d.

Sixth

ANSWER:

b

FEEDBACK:

a.

Incorrect. The Fifth Amendment says no person shall be subject for the same offense to be twice put in jeopardy of life or limb.

b.

Correct. The Fifth Amendment says no person shall be subject for the same offense to be twice put in jeopardy of life or limb.

c.

Incorrect. The Fifth Amendment says no person shall be subject for the same offense to be twice put in jeopardy of life or limb.

d.

Incorrect. The Fifth Amendment says no person shall be subject for the same offense to be twice put in jeopardy of life or limb.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:10 AM

DATE MODIFIED:

9/25/2019 3:27 AM

14. Which is associated with the Fifth Amendment of the Constitution?

a.

Accused person may not be compelled to testify against himself.

b.

Guards against searches, arrests, and seizures of property without a specific warrant or a “probable cause.”

c.

Guarantees a speedy public trial for criminal offenses.

d.

Forbids excessive bail or fines, and cruel and unusual punishment.

ANSWER:

a

FEEDBACK:

a.

Correct. The Fifth Amendment says no person shall be compelled in any criminal case to be a witness against himself.

b.

Incorrect. The Fifth Amendment says no person shall be compelled in any criminal case to be a witness against himself.

c.

Incorrect. The Fifth Amendment says no person shall be compelled in any criminal case to be a witness against himself.

d.

Incorrect. The Fifth Amendment says no person shall be compelled in any criminal case to be a witness against himself.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:25 AM

DATE MODIFIED:

9/25/2019 3:27 AM

15. Laws passed at the local level are called _____.

a.

bills

b.

ordinances

c.

precedence

d.

statutes

ANSWER:

b

FEEDBACK:

a.

Incorrect. Laws passed at the local level are called ordinances.

b.

Correct. Laws passed at the local level are called ordinances.

c.

Incorrect. Laws passed at the local level are called ordinances.

d.

Incorrect. Laws passed at the local level are called ordinances.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:28 AM

DATE MODIFIED:

9/25/2019 3:40 AM

16. From a statutory perspective, CFR is an abbreviation for _____.

a.

Campaign Finance Reform

b.

Case Fatality Rate

c.

Code of Federal Regulations

d.

Council of Foreign Relations

ANSWER:

c

FEEDBACK:

a.

Incorrect. CFR is an abbreviation for the Code of Federal Regulations.

b.

Incorrect. CFR is an abbreviation for the Code of Federal Regulations.

c.

Correct. CFR is an abbreviation for the Code of Federal Regulations.

d.

Incorrect. CFR is an abbreviation for the Code of Federal Regulations.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:40 AM

DATE MODIFIED:

9/25/2019 3:46 AM

17. HIPAA is the abbreviation for the _____.

a.

Healthcare Information and Payer Accessibility Act

b.

Health Information Provider and Accessibility Act

c.

Health Insurance Portability and Accountability Act

d.

Healthcare Insurance and Payer Accountability Act

ANSWER:

c

FEEDBACK:

a.

Incorrect. HIPAA is the abbreviation for the Health Insurance Portability and Accountability Act.

b.

Incorrect. HIPAA is the abbreviation for the Health Insurance Portability and Accountability Act.

c.

Correct. HIPAA is the abbreviation for the Health Insurance Portability and Accountability Act.

d.

Incorrect. HIPAA is the abbreviation for the Health Insurance Portability and Accountability Act.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:46 AM

DATE MODIFIED:

9/25/2019 3:48 AM

18. Criminal law is subdivided into _____ categories.

a.

felony and misdemeanor

b.

ordinal and substantive

c.

procedural and administrative

d.

substantive and procedural

ANSWER:

d

FEEDBACK:

a.

Incorrect. Criminal law can be divided into two subcategories: substantive law and procedural law.

b.

Incorrect. Criminal law can be divided into two subcategories: substantive law and procedural law.

c.

Incorrect. Criminal law can be divided into two subcategories: substantive law and procedural law.

d.

Correct. Criminal law can be divided into two subcategories: substantive law and procedural law.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:51 AM

DATE MODIFIED:

9/25/2019 3:52 AM

19. A felony is defined as a crime _____.

a.

for which probation is always assigned

b.

involving civil or private law

c.

of grave or serious nature

d.

that is punishable by a term of less than 1 year

ANSWER:

c

FEEDBACK:

a.

Incorrect. Felonies are crimes of a grave or serious nature.

b.

Incorrect. Felonies are crimes of a grave or serious nature.

c.

Correct. Felonies are crimes of a grave or serious nature.

d.

Incorrect. Felonies are crimes of a grave or serious nature.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:53 AM

DATE MODIFIED:

9/25/2019 3:55 AM

20. Which subcategory of criminal law defines specific offenses?

a.

Misdemeanor

b.

Procedural

c.

Statute

d.

Substantive

ANSWER:

d

FEEDBACK:

a.

Incorrect. Substantive criminal law defines specific offenses.

b.

Incorrect. Substantive criminal law defines specific offenses.

c.

Incorrect. Substantive criminal law defines specific offenses.

d.

Correct. Substantive criminal law defines specific offenses.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:56 AM

DATE MODIFIED:

9/25/2019 3:57 AM

21. Primary sources of public law include _____.

a.

law of contracts or torts

b.

law of obligations

c.

policies and procedures

d.

statutes and constitutions

ANSWER:

d

FEEDBACK:

a.

Incorrect. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies.

b.

Incorrect. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies.

c.

Incorrect. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies.

d.

Correct. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 3:58 AM

DATE MODIFIED:

9/25/2019 4:01 AM

22. A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. Thus, it _____.

a.

defines principles for individuals, not the nation or state in which it is based

b.

delineates procedures by which a court awards the defendant monetary damages

c.

is considered the fundamental law of a nation or state

d.

undergoes interpretation according to modern day statutes and regulations

ANSWER:

c

FEEDBACK:

a.

Incorrect. A constitution is the fundamental law of a nation or state and may be written or unwritten.

b.

Incorrect. A constitution is the fundamental law of a nation or state and may be written or unwritten.

c.

Correct. A constitution is the fundamental law of a nation or state and may be written or unwritten.

d.

Incorrect. A constitution is the fundamental law of a nation or state and may be written or unwritten.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 4:01 AM

DATE MODIFIED:

9/25/2019 4:11 AM

23. Under stare decisis, _____.

a.

U.S. Courts of Appeal are bound by trial court decisions of U.S. district courts in other jurisdictions

b.

U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area

c.

U.S. Supreme Court is bound by decisions of all U.S. courts of appeal within different jurisdictions

d.

U.S. Supreme Court is obligated to follow precedent, regardless of decisions in Courts of Appeal or district courts

ANSWER:

b

FEEDBACK:

a.

Incorrect. Stare decisis applies to all courts within the same geographic area and within the same jurisdiction. All lower courts within the pyramid that have the same geographic area and jurisdiction are then bound to follow the decisions issued by the court above it in the pyramid.

b.

Correct. Stare decisis applies to all courts within the same geographic area and within the same jurisdiction. All lower courts within the pyramid that have the same geographic area and jurisdiction are then bound to follow the decisions issued by the court above it in the pyramid.

c.

Incorrect. Stare decisis applies to all courts within the same geographic area and within the same jurisdiction. All lower courts within the pyramid that have the same geographic area and jurisdiction are then bound to follow the decisions issued by the court above it in the pyramid.

d.

Incorrect. Stare decisis applies to all courts within the same geographic area and within the same jurisdiction. All lower courts within the pyramid that have the same geographic area and jurisdiction are then bound to follow the decisions issued by the court above it in the pyramid.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 4:12 AM

DATE MODIFIED:

9/25/2019 4:14 AM

24. Which describes the doctrine of res judicata?

a.

Appeals to a court decision are prohibited, and a plaintiff would be required to stand before the Supreme Court.

b.

Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.

c.

Parties of a lawsuit have the option of bringing a subsequent action raising the same claim or demand.

d.

Plaintiff can re-prosecute the defendant if a valid final judgment was administered by the court.

ANSWER:

b

FEEDBACK:

a.

Incorrect. Res judicata literally means “a thing or matter settled by judgment.” Whenever a court with jurisdiction over the lawsuit renders a final decision on the merits, the parties to the lawsuit are forever barred from bringing a subsequent action raising the same claim or demand.

b.

Correct. Res judicata literally means “a thing or matter settled by judgment.” Whenever a court with jurisdiction over the lawsuit renders a final decision on the merits, the parties to the lawsuit are forever barred from bringing a subsequent action raising the same claim or demand.

c.

Incorrect. Res judicata literally means “a thing or matter settled by judgment.” Whenever a court with jurisdiction over the lawsuit renders a final decision on the merits, the parties to the lawsuit are forever barred from bringing a subsequent action raising the same claim or demand.

d.

Incorrect. Res judicata literally means “a thing or matter settled by judgment.” Whenever a court with jurisdiction over the lawsuit renders a final decision on the merits, the parties to the lawsuit are forever barred from bringing a subsequent action raising the same claim or demand.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 4:14 AM

DATE MODIFIED:

9/25/2019 4:15 AM

25. An electronic case filing system is an automated system that _____.

a.

allows the general public to search pleadings and testimony

b.

eliminates the need to charge a fee for the search

c.

is rarely a component for case management

d.

prohibits the processing and exchange of information

ANSWER:

a

FEEDBACK:

a.

Correct. Electronic case filing systems are similar to electronic health record systems in the health care environment but differ in the sense that virtually all record content in a court proceeding is available to the public.

b.

Incorrect. Electronic case filing systems are similar to electronic health record systems in the health care environment but differ in the sense that virtually all record content in a court proceeding is available to the public.

c.

Incorrect. Electronic case filing systems are similar to electronic health record systems in the health care environment but differ in the sense that virtually all record content in a court proceeding is available to the public.

d.

Incorrect. Electronic case filing systems are similar to electronic health record systems in the health care environment but differ in the sense that virtually all record content in a court proceeding is available to the public.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/25/2019 4:16 AM

DATE MODIFIED:

9/25/2019 4:17 AM

26. The government’s separation of powers include _____.

a.

division of power that allows one branch to dominate another when deemed necessary

b.

judicial, legislative, and congressional branches headed by Congress

c.

a provision that each branch may exercise powers involving other branches

d.

a system of checks and balances that is referred to as the separation of powers

ANSWER:

d

FEEDBACK:

a.

Incorrect. The powers of government are divided into three branches with checks and balances referred to as the separation of powers.

b.

Incorrect. The powers of government are divided into three branches with checks and balances referred to as the separation of powers

c.

Incorrect. The powers of government are divided into three branches with checks and balances referred to as the separation of powers.

d.

Correct. The powers of government are divided into three branches with checks and balances referred to as the separation of powers.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:05 PM

DATE MODIFIED:

9/26/2019 10:06 PM

27. GINA _____.

a.

addresses perceived areas of discrimination in employment and insurance

b.

is the abbreviation for Genetic Insurance Nondiscrimination Act

c.

prohibits the interaction of all three branches of government for enforcement

d.

replaces the HIPAA statute regarding implementation of the privacy rule

ANSWER:

a

FEEDBACK:

a.

Correct. Congress passed GINA in 2008 to address perceived areas of discrimination in employment and insurance relating to the use of genetic information.

b.

Incorrect. Congress passed GINA in 2008 to address perceived areas of discrimination in employment and insurance relating to the use of genetic information.

c.

Incorrect. Congress passed GINA in 2008 to address perceived areas of discrimination in employment and insurance relating to the use of genetic information.

d.

Incorrect. Congress passed GINA in 2008 to address perceived areas of discrimination in employment and insurance relating to the use of genetic information.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:08 PM

DATE MODIFIED:

9/26/2019 10:12 PM

28. The legislative branch of government _____.

a.

enforces and administers laws (statutes)

b.

includes the Senate and the House of Representatives

c.

interprets laws through adjudication and resolution of disputes

d.

promulgates rules and regulations within specialized subject matter

ANSWER:

b

FEEDBACK:

a.

Incorrect. At the federal level, the Senate and the House of Representatives are collectively referred to as the Congress in the legislative branch.

b.

Correct. At the federal level, the Senate and the House of Representatives are collectively referred to as the Congress in the legislative branch.

c.

Incorrect. At the federal level, the Senate and the House of Representatives are collectively referred to as the Congress in the legislative branch.

d.

Incorrect. At the federal level, the Senate and the House of Representatives are collectively referred to as the Congress in the legislative branch.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:12 PM

DATE MODIFIED:

9/26/2019 10:14 PM

29. The chief executive branch of government issues executive orders that interprets _____.

a.

and implements and/or gives administrative effect to provisions of the constitution or laws

b.

individual rules or regulations, which were written by administrative agencies

c.

laws (statutes) through the adjudication and resolution of disputes

d.

relevant constitutional provisions, federal/state statutes, regulations, and court decisions

ANSWER:

a

FEEDBACK:

a.

Correct. The chief executive branch of government issues executive orders that interpret, implement, or give administrative effect to a provision of the constitution or law.

b.

Incorrect. The chief executive branch of government issues executive orders that interpret, implement, or give administrative effect to a provision of the constitution or law.

c.

Incorrect. The chief executive branch of government issues executive orders that interpret, implement, or give administrative effect to a provision of the constitution or law.

d.

Incorrect. The chief executive branch of government issues executive orders that interpret, implement, or give administrative effect to a provision of the constitution or law.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:15 PM

DATE MODIFIED:

9/26/2019 10:25 PM

30. In deciding a dispute, the court or judicial branch _____.

a.

applies laws that were enacted by a majority vote only

b.

considers irrelevant statutes and unconstitutional provisions

c.

does not have the authority to settle disputes

d.

may apply the doctrines of stare decisis and res judicata

ANSWER:

d

FEEDBACK:

a.

Incorrect. In deciding a dispute, the court or judicial branch may apply the doctrines of stare decisis and res judicata.

b.

Incorrect. In deciding a dispute, the court or judicial branch may apply the doctrines of stare decisis and res judicata.

c.

Incorrect. In deciding a dispute, the court or judicial branch may apply the doctrines of stare decisis and res judicata.

d.

Correct. In deciding a dispute, the court or judicial branch may apply the doctrines of stare decisis and res judicata.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:29 PM

DATE MODIFIED:

9/26/2019 10:31 PM

31. Quasi-legal requirementsmay involve which of the following?

a.

Morals

b.

Federal regulations

c.

Licensure

d.

Statutes

ANSWER:

c

FEEDBACK:

a.

Incorrect. Quasi-legal requirements may involve ethical, accreditation, and licensure.

b.

Incorrect. Quasi-legal requirements may involve ethical, accreditation, and licensure.

c.

Correct. Quasi-legal requirements may involve ethical, accreditation, and licensure.

d.

Incorrect. Quasi-legal requirements may involve ethical, accreditation, and licensure.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:37 PM

DATE MODIFIED:

9/26/2019 10:38 PM

32. Which describes the necessity for a hospital to follow its own medical staff by-laws of policy?

a.

Morals

b.

Federal regulations

c.

Licensure

d.

Statutes

ANSWER:

c

FEEDBACK:

a.

Incorrect. Where a hospital’s bylaws provide a physician with certain rights, such as those to notice, an opportunity to be heard, and appellate procedures before terminating medical staff privileges, the hospital must follow those bylaws according to quasi-legal requirements.

b.

Incorrect. Where a hospital’s bylaws provide a physician with certain rights, such as those to notice, an opportunity to be heard, and appellate procedures before terminating medical staff privileges, the hospital must follow those bylaws according to quasi-legal requirements.

c.

Correct. Where a hospital’s bylaws provide a physician with certain rights, such as those to notice, an opportunity to be heard, and appellate procedures before terminating medical staff privileges, the hospital must follow those bylaws according to quasi-legal requirements.

d.

Incorrect. Where a hospital’s bylaws provide a physician with certain rights, such as those to notice, an opportunity to be heard, and appellate procedures before terminating medical staff privileges, the hospital must follow those bylaws according to quasi-legal requirements.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 10:39 PM

DATE MODIFIED:

9/26/2019 11:50 PM

33. When a party submits evidence of compliance with accrediting standards in lieu of evidence of compliance with Medicare, it is referred to as which of the following?

a.

Deeming authority

b.

Quasi-legal

c.

Res judicata

d.

Stare decisis

ANSWER:

a

FEEDBACK:

a.

Correct. Deeming authority means that compliance with the requirements and standards of either or both accrediting organizations may substitute for compliance with the Medicare Conditions of Participation for Hospitals published by CMS.

b.

Incorrect. Deeming authority means that compliance with the requirements and standards of either or both accrediting organizations may substitute for compliance with the Medicare Conditions of Participation for Hospitals published by CMS.

c.

Incorrect. Deeming authority means that compliance with the requirements and standards of either or both accrediting organizations may substitute for compliance with the Medicare Conditions of Participation for Hospitals published by CMS.

d.

Incorrect. Deeming authority means that compliance with the requirements and standards of either or both accrediting organizations may substitute for compliance with the Medicare Conditions of Participation for Hospitals published by CMS.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 11:53 PM

DATE MODIFIED:

9/26/2019 11:58 PM

34. Which consists of the body of rules and principles that govern the rights and duties between parties?

a.

Private/civil

b.

Criminal

c.

Penal

d.

Public

ANSWER:

a

FEEDBACK:

a.

Correct. Private law consists of the body of rules and principles that governs the rights and duties between private parties. Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.

b.

Incorrect. Private law consists of the body of rules and principles that governs the rights and duties between private parties. Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.

c.

Incorrect. Private law consists of the body of rules and principles that governs the rights and duties between private parties. Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.

d.

Incorrect. Private law consists of the body of rules and principles that governs the rights and duties between private parties. Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 11:58 PM

DATE MODIFIED:

9/26/2019 11:59 PM

35. Punishment associated with _____ law may include fines and/or imprisonment.

a.

civil

b.

contract

c.

criminal

d.

tort

ANSWER:

c

FEEDBACK:

a.

Incorrect. Punishment may be a fine and/or imprisonment in criminal law.

b.

Incorrect. Punishment may be a fine and/or imprisonment in criminal law.

c.

Correct. Punishment may be a fine and/or imprisonment in criminal law.

d.

Incorrect. Punishment may be a fine and/or imprisonment in criminal law.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/26/2019 11:59 PM

DATE MODIFIED:

9/27/2019 12:00 AM

36. A defendant who has been found guilty in a _____ case may appeal the verdict.

a.

civil

b.

common

c.

contract

d.

criminal

ANSWER:

d

FEEDBACK:

a.

Incorrect. A defendant who has been found guilty in a criminal case may appeal the verdict.

b.

Incorrect. A defendant who has been found guilty in a criminal case may appeal the verdict.

c.

Incorrect. A defendant who has been found guilty in a criminal case may appeal the verdict.

d.

Correct. A defendant who has been found guilty in a criminal case may appeal the verdict.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:00 AM

DATE MODIFIED:

9/27/2019 12:01 AM

37. Tort law _____.

a.

defines what constitutes a misdemeanor or a felony

b.

encompasses the rights and duties that exist between parties that are independent of a contract

c.

governs various forms of ownership, including real property and personal property

d.

is concerned with an agreement between two or more parties that creates an obligation to act or refrain from acting in exchange for some type of consideration

ANSWER:

b

FEEDBACK:

a.

Incorrect. Tort law encompasses the rights and duties that exist between parties that are independent of a contract.

b.

Correct. Tort law encompasses the rights and duties that exist between parties that are independent of a contract.

c.

Incorrect. Tort law encompasses the rights and duties that exist between parties that are independent of a contract.

d.

Incorrect. Tort law encompasses the rights and duties that exist between parties that are independent of a contract.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:02 AM

DATE MODIFIED:

9/27/2019 12:03 AM

38. Public law __________________.

a.

excludes regulatory statutes, penal law, and other laws of public order

b.

includes the law of contracts or torts and the law of obligations

c.

involves relationships between individuals

d.

is subdivided into administrative, constitutional, and criminal law

ANSWER:

d

FEEDBACK:

a.

Incorrect. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies. One very large segment of public law is criminal law.

b.

Incorrect. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies. One very large segment of public law is criminal law.

c.

Incorrect. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies. One very large segment of public law is criminal law.

d.

Correct. The primary sources of public law are written constitutions, statutes, regulations, and decisions from both judicial and administrative bodies. One very large segment of public law is criminal law.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:13 AM

DATE MODIFIED:

9/27/2019 12:16 AM

39. Which is associated with the First Amendment of the U.S. Constitution?

a.

Establishes rules for indictment by grand jury and eminent domain, protects right to due process, and prohibits self-incrimination and double jeopardy.

b.

Limits the powers of the federal government to those delegated to it by the U.S. Constitution.

c.

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause.

d.

Protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government.

ANSWER:

d

FEEDBACK:

a.

Incorrect. The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

b.

Incorrect. The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

c.

Incorrect. The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

d.

Correct. The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:16 AM

DATE MODIFIED:

9/27/2019 12:17 AM

40. Statutes are:

a.

based on case law and serve as precedents during court trials.

b.

considered part of the Constitution of the United States of America.

c.

interpretations of laws by health care providers and others at the federal level.

d.

written by legislatures and signed by the executive branch of government.

ANSWER:

d

FEEDBACK:

a.

Incorrect. The laws written by these legislatures are called statutes and become effective after being signed by the president, in the case of federal statutes, or by the governor, in the case of state statutes.

b.

Incorrect. The laws written by these legislatures are called statutes and become effective after being signed by the president, in the case of federal statutes, or by the governor, in the case of state statutes.

c.

Incorrect. The laws written by these legislatures are called statutes and become effective after being signed by the president, in the case of federal statutes, or by the governor, in the case of state statutes.

d.

Correct. The laws written by these legislatures are called statutes and become effective after being signed by the president, in the case of federal statutes, or by the governor, in the case of state statutes.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:18 AM

DATE MODIFIED:

9/27/2019 12:19 AM

41. The American Recovery and Reinvestment Act (ARRA) is a:

a.

common law intended to establish law by default.

b.

fair pay requirement for paralegals’ because they conduct research for lawyers.

c.

state law that originated in Illinois, from which President Barrack Obama hails.

d.

statute that both complements and overrides HIPAA.

ANSWER:

d

FEEDBACK:

a.

Incorrect. Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statutes will be governed by the provisions of ARRA.

b.

Incorrect. Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statutes will be governed by the provisions of ARRA.

c.

Incorrect. Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statutes will be governed by the provisions of ARRA.

d.

Correct. Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statutes will be governed by the provisions of ARRA.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:28 AM

DATE MODIFIED:

9/27/2019 12:29 AM

42. The phrase conflict of laws originated from situations where:

a.

a competent authority, such as a legislature, establishes legal rules.

b.

differing jurisdictions were inconsistent about the same legal issue.

c.

excessive fines and excessive bail were imposed by judges.

d.

judgments passed by some judges became other significant sources of law.

ANSWER:

b

FEEDBACK:

a.

Incorrect. A conflict of laws refers to an inconsistency between different jurisdictions over the same issue in a legal action.

b.

Correct. A conflict of laws refers to an inconsistency between different jurisdictions over the same issue in a legal action.

c.

Incorrect. A conflict of laws refers to an inconsistency between different jurisdictions over the same issue in a legal action.

d.

Incorrect. A conflict of laws refers to an inconsistency between different jurisdictions over the same issue in a legal action.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:30 AM

DATE MODIFIED:

9/27/2019 12:31 AM

43. Changes to the U.S. Constitution occur through _____.

a.

amendments

b.

majority Senate vote

c.

popular culture

d.

presidential order

ANSWER:

a

FEEDBACK:

a.

Correct. Following the main body of the Constitution are twenty-seven amendments that have been ratified by at least three-fourths of the states in existence at the time of their ratification.

b.

Incorrect. Following the main body of the Constitution are twenty-seven amendments that have been ratified by at least three-fourths of the states in existence at the time of their ratification.

c.

Incorrect. Following the main body of the Constitution are twenty-seven amendments that have been ratified by at least three-fourths of the states in existence at the time of their ratification.

d.

Incorrect. Following the main body of the Constitution are twenty-seven amendments that have been ratified by at least three-fourths of the states in existence at the time of their ratification.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:32 AM

DATE MODIFIED:

9/27/2019 12:33 AM

44. Executive orders have the effect of law after being published (in the case of the federal system) in the:

a.

Registrar’s Office

b.

Executive Register

c.

Federal Register

d.

Federal Case System

ANSWER:

c

FEEDBACK:

a.

Incorrect. Executive orders have the effect of law after being published in the Federal Register, in the case of the federal system, or in a comparable publication at the state level.

b.

Incorrect. Executive orders have the effect of law after being published in the Federal Register, in the case of the federal system, or in a comparable publication at the state level.

c.

Correct. Executive orders have the effect of law after being published in the Federal Register, in the case of the federal system, or in a comparable publication at the state level.

d.

Incorrect. Executive orders have the effect of law after being published in the Federal Register, in the case of the federal system, or in a comparable publication at the state level.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:34 AM

DATE MODIFIED:

9/27/2019 12:35 AM

45. Zoning, building, or public safety ordinances are examples of laws passed at:

a.

a local level

b.

an executive level

c.

congressional hearings

d.

the state legislature

ANSWER:

a

FEEDBACK:

a.

Correct. Frequently, laws passed at the local level are called ordinances. Areas typically not governed by federal or state law but by ordinances include zoning, building, and public safety.

b.

Incorrect. Frequently, laws passed at the local level are called ordinances. Areas typically not governed by federal or state law but by ordinances include zoning, building, and public safety.

c.

Incorrect. Frequently, laws passed at the local level are called ordinances. Areas typically not governed by federal or state law but by ordinances include zoning, building, and public safety.

d.

Incorrect. Frequently, laws passed at the local level are called ordinances. Areas typically not governed by federal or state law but by ordinances include zoning, building, and public safety.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:35 AM

DATE MODIFIED:

9/27/2019 12:37 AM

46. Administrative procedure acts govern the way in which administrative agencies of the _____ government may propose and establish regulations.

a.

county

b.

federal

c.

municipal

d.

local

ANSWER:

b

FEEDBACK:

a.

Incorrect. Administrative procedure acts exist at both the federal and state levels.

b.

Correct. Administrative procedure acts exist at both the federal and state levels.

c.

Incorrect. Administrative procedure acts exist at both the federal and state levels.

d.

Incorrect. Administrative procedure acts exist at both the federal and state levels.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:37 AM

DATE MODIFIED:

9/27/2019 12:38 AM

47. Common law (also called case law or precedent) is a source of law that is derived from:

a.

a single document that contains all laws.

b.

court decisions.

c.

popular culture.

d.

federal rules and regulations.

ANSWER:

b

FEEDBACK:

a.

Incorrect. Common law is formed when a court, attempting to resolve a dispute, renders a decision.

b.

Correct. Common law is formed when a court, attempting to resolve a dispute, renders a decision.

c.

Incorrect. Common law is formed when a court, attempting to resolve a dispute, renders a decision.

d.

Incorrect. Common law is formed when a court, attempting to resolve a dispute, renders a decision.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:39 AM

DATE MODIFIED:

9/27/2019 12:40 AM

48. Stare decisisis Latin for:

a.

a matter [already] judged.

b.

let the master answer.

c.

to let the decision stand.

d.

utmost good faith.

ANSWER:

c

FEEDBACK:

a.

Incorrect. Stare decisis is a Latin term meaning “to let the decision stand.”

b.

Incorrect. Stare decisis is a Latin term meaning “to let the decision stand.”

c.

Correct. Stare decisis is a Latin term meaning “to let the decision stand.”

d.

Incorrect. Stare decisis is a Latin term meaning “to let the decision stand.”

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:40 AM

DATE MODIFIED:

9/27/2019 12:41 AM

49. Res judicatais a doctrine that courts are subject to, and it means:

a.

a matter [already] judged.

b.

let the master answer.

c.

to let the decision stand.

d.

utmost good faith.

ANSWER:

a

FEEDBACK:

a.

Correct. Res judicata, which literally means “a thing or matter settled by judgment.”

b.

Incorrect. Res judicata, which literally means “a thing or matter settled by judgment.”

c.

Incorrect. Res judicata, which literally means “a thing or matter settled by judgment.”

d.

Incorrect. Res judicata, which literally means “a thing or matter settled by judgment.”

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:41 AM

DATE MODIFIED:

9/27/2019 12:44 AM

50. Separation of powersas it pertains to the branches of federal government is in place:

a.

as a way to increase the number of jobs created in the country.

b.

if the president is unable to fulfill his duties and responsibilities.

c.

so that no one particular branch overpowers the other branches.

d.

to prevent any interaction between factions of political parties.

ANSWER:

c

FEEDBACK:

a.

Incorrect. Separation of powers was designed so that no one branch of government would dominate the other two.

b.

Incorrect. Separation of powers was designed so that no one branch of government would dominate the other two.

c.

Correct. Separation of powers was designed so that no one branch of government would dominate the other two.

d.

Incorrect. Separation of powers was designed so that no one branch of government would dominate the other two.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:48 AM

DATE MODIFIED:

9/27/2019 12:50 AM

51. The legislative branch of the federal government is responsible for:

a.

adhering to the doctrine of stare decisis and res judicata.

b.

determining the need for new laws and changes to existing laws.

c.

functioning to enforce and administer laws.

d.

interpreting laws using an alternate resolution of dispute.

ANSWER:

b

FEEDBACK:

a.

Incorrect. The legislative branch determines the need for new laws and changes in existing laws.

b.

Correct. The legislative branch determines the need for new laws and changes in existing laws.

c.

Incorrect. The legislative branch determines the need for new laws and changes in existing laws.

d.

Incorrect. The legislative branch determines the need for new laws and changes in existing laws.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:50 AM

DATE MODIFIED:

9/27/2019 12:51 AM

52. Legislative proposals are called:

a.

amendments.

b.

bills.

c.

ordinances.

d.

torts.

ANSWER:

b

FEEDBACK:

a.

Incorrect. Legislative proposals are called bills.

b.

Correct. Legislative proposals are called bills.

c.

Incorrect. Legislative proposals are called bills.

d.

Incorrect. Legislative proposals are called bills.

POINTS:

1

QUESTION TYPE:

Multiple Choice

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:52 AM

DATE MODIFIED:

9/27/2019 12:53 AM

53. Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.

a.

True

b.

False

ANSWER:

True

FEEDBACK:

Correct

Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.

Incorrect

POINTS:

1

QUESTION TYPE:

True / False

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:54 AM

DATE MODIFIED:

9/27/2019 12:56 AM

54. A misdemeanor is a crime of less serious nature punishable by fine or a term of imprisonment of less than one year.

a.

True

b.

False

ANSWER:

True

FEEDBACK:

Correct

A misdemeanor is a crime of less serious nature punishable by fine or a term of imprisonment of less than one year.

Incorrect

POINTS:

1

QUESTION TYPE:

True / False

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 12:59 AM

DATE MODIFIED:

9/27/2019 1:00 AM

55. Tort law is followed in criminal law cases.

a.

True

b.

False

ANSWER:

False

FEEDBACK:

Correct

Generally, lawsuits brought between private parties fall into one of two categories: contract law or tort law.

Incorrect

POINTS:

1

QUESTION TYPE:

True / False

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 1:00 AM

DATE MODIFIED:

9/27/2019 1:00 AM

56. Civil law is also known as case law.

a.

True

b.

False

ANSWER:

False

FEEDBACK:

Correct

Private law is sometimes referred to as civil law.

Incorrect

POINTS:

1

QUESTION TYPE:

True / False

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 1:01 AM

DATE MODIFIED:

9/27/2019 1:01 AM

57. Administrative procedure acts are the acts that govern the way in which administrative agencies of the federal government of the United States may propose and establish regulations.

a.

True

b.

False

ANSWER:

True

FEEDBACK:

Correct

When promulgating rules, adopting regulations, and making decisions, agencies must follow certain procedures contained in administrative procedure acts. Administrative procedure acts exist at both the federal and state levels.

Incorrect

POINTS:

1

QUESTION TYPE:

True / False

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 1:01 AM

DATE MODIFIED:

9/27/2019 1:02 AM

Match each term to its correct description.

a.

Contract Law

b.

Private Law

c.

Procedural Law

d.

Substantive Law

e.

Tort Law

QUESTION TYPE:

Matching

HAS VARIABLES:

False

DATE CREATED:

9/27/2019 2:08 AM

DATE MODIFIED:

10/1/2019 7:40 AM

58. Concerned with agreements between two or more parties that create some type of obligation to act or refrain from acting.

ANSWER:

a

POINTS:

1

59. A law that regulates conflicts between private parties.

ANSWER:

b

POINTS:

1

60. The rights and duties that exist between parties that are independent of a contract.

ANSWER:

e

POINTS:

1

61. Portion of law that focuses on the steps through which a case passes.

ANSWER:

c

POINTS:

1

62. Portion of the law that creates, defines, and regulates rights and duties.

ANSWER:

d

POINTS:

1

63. Explain the three branches of government.

ANSWER:

Legislative—the branch of government that functions to enact laws.

Executive—the branch of government that functions to enforce and administer the laws.

Judicial—the branch of the government that functions to interpret the law through the adjudication and resolution of disputes.

POINTS:

1

QUESTION TYPE:

Essay

HAS VARIABLES:

False

STUDENT ENTRY MODE:

Basic

DATE CREATED:

9/27/2019 2:25 AM

DATE MODIFIED:

9/27/2019 2:25 AM

64. List two elements of civil law.

ANSWER:

  1. Both parties may be anybody, including governments, corporations, and individual persons.
  2. The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages assessed by the courts.
  3. Civil law is established both through state and federal statutes and through court decisions.
  4. In some state court systems, a majority vote of the jury is required to win a decision. Some state court systems require a unanimous jury decision.
  5. The burden of proof is “preponderance of the evidence,” which is defined as “more likely than not.”
  6. Either party may appeal in a civil case.
  7. The plaintiff and the defendant may both be found partially right and partially at fault.

POINTS:

1

QUESTION TYPE:

Essay

HAS VARIABLES:

False

STUDENT ENTRY MODE:

Basic

DATE CREATED:

9/27/2019 2:26 AM

DATE MODIFIED:

9/27/2019 2:26 AM

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