Chapter 4 Test 2

Question 1

Defines rights and obligations that arise between two or more parties. Ex: Substance

Answer 1

Substantive law

Question 2

Provides court rules to guide a lawsuit from beginning through completion. Ex: trial, settlement, or dismissal.

Answer 2

Procedural law

Question 3

Party that initiates a lawsuit to enforce his or her rights or another’s obligations. There may be more than one

Answer 3

Plaintiff

Question 4

Individual or organization that is the object of the lawsuit (against whom a lawsuit is brought). There may be more than one

Answer 4

Defendant

Question 5

Lawsuit by a group of consumers against a large and generally powerful entity for alleged wrongdoing

Answer 5

Class action

Question 6

Legal proceedings that accompany a lawsuit

Answer 6

Litigation

Question 7

Documents generated by parties involved in a lawsuit, including complaints and answers
- Clerk of courts maintains documents

Answer 7

Pleadings

Question 8

A complaint is filed and served on a defendant accompanied by a summons
- Service of a summons and complaint may
be in person, by mail, or by publication;
proof of service may be required
Defendant responds via an answer
- Failure to answer results in default
judgment

Answer 8

Commencing a lawsuit

Question 9

Defendant files claim against plaintiff

Answer 9

Counterclaim

Question 10

One party files a claim against another party on same side of the litigation

Answer 10

Cross claim

Question 11

Defendant brings in outsider as a codefendant

Answer 11

Joinder

Question 12

Used to discover or obtain information held by other parties to assess strengths and weaknesses in each party’s case

Answer 12

Discovery

Question 13

Refers to limits on parties to discover pretrial information held by another

Answer 13

Discoverability

Question 14

Refers to evidence that is allowed to be admitted in court and considered by the judge or jury in making a final determination about a case

Answer 14

Admissibility

Question 15

Federal Rules of Civil Procedure were amended to address preservation, collection and production of increasing volumes of electronically stored information (ESI)

Answer 15

e-Discovery

Question 16

Collection of information from source systems outside of those usually printed or viewed electronically
- Examples include e-mails and erased files

Answer 16

e-Discovery considerations

Question 17

assists providers and vendors with steps to efficiently locate and prepare relevant ESI

Answer 17

Electronic Discovery Reference Model (EDRM)

Question 18

What are the 2 types of discoveries?

Answer 18

Deposition and Interrogatories

Question 19

Formal proceeding under oath by which oral testimonies of individuals are obtained
- Authentication establishes the genuineness
of records and, therefore, their reliability
and truthfulness as evidence

Answer 19

Deposition

Question 20

Establishes authentication of health records

Answer 20

HIM testimony or written certification

Question 21

Written questions presented to parties to a lawsuit; answers provided in writing

Answer 21

Interrogatories

Question 22

Includes health records and other tangible items

Answer 22

Request for production of documents or things

Question 23

Provided by an independent practitioner

Answer 23

Physical or mental examination of party

Question 24

Asks the opposing party to admit to certain basic facts to diminish time and money spent providing them

Answer 24

Request for admissions

Question 25

What are the tools to compel discovery?

Answer 25

Court order and Subpoena

Question 26

Mandate by a judge to compel testimony or production of documents

Answer 26

Court order

Question 27

Used to compel testimony or production of documents, but is initiated by an attorney (not by a judge) through a court - Often served via law enforcement or US mail - Less legal force than a court order - In general, must be accompanied by patient authorization to compel disclosure of health records

Answer 27

Subpoena

Question 28

What are the two forms of subpoenas?

Answer 28

Subpoena ad testificandum and Subpoena duces tecum

Question 29

Seeks an individual’s testimony 

Answer 29

Subpoena ad testificandum

Question 30

Instructs recipient to personally appear with documents in hand

Answer 30

Subpoena duces tecum

Question 31

- Vary from state to state - Name of the court from which the subpoena was issued - Name of plaintiff(s) and defendant(s) - Assigned case docket number date, time, and place of requested appearance - Information commanded (testimony or documents) - Form in which information (including electronic information) is to be produced - Name of issuing attorney - Name of recipient being directed to respond - Signature or stamp of authorized court/official or judge

Answer 31

Elements of a valid subpoena

Question 32

Objection to a subpoena may be made in a motion to quash based on

Answer 32

- Inadequate time for compliance - Requires travel beyond geographical limits of rule of procedure - Requests privileged information that is not subject to exception or waiver - Imposes an undue burden on the subject

Question 33

Judge’s written order authorizing a law enforcement officer to search a specified place and seize evidence - In healthcare context, most likely in fraud and abuse cases

Answer 33

Judicial search warrant

Question 34

protects against unreasonable searches and seizures

Answer 34

Fourth Amendment

Question 35

Held periodically from filing of lawsuit throughout discovery period to discuss case status, the upcoming trial, and potential settlement negotiations

Answer 35

Pre-trial conferences

Question 36

Who participates in the Pre-trial conferences?

Answer 36

Parties and their attorneys and The court (judge)

Question 37

``` Judge Jury - Bench trial vs. - Jury trial Parties - Plaintiff(s) - Defendant(s) Witnesses - Lay witnesses - Expert Bailiff Court reporter Clerk of court retains records ```

Answer 37

Players in Trial

Question 38

If jury is waived, judge hears case Number of jurors depends on civil vs. criminal case Jury selection

Answer 38

Trial Procedures

Question 39

Another name for jury selection

Answer 39

voir dire

Question 40

______ can excuse potential juror “for cause” | Ex: can be excused in a death penalty case if you won't vote for death penalty because of morals or religious grounds

Answer 40

Attorneys

Question 41

Allows jurors to be excused for unstated (but lawful) reasons May not excuse jurors based on race, religion, gender, and ethnicity

Answer 41

Peremptory challenges

Question 42

Sufficiently proving or establishing requisite degree of belief for each element of a case  - Usually belongs to the plaintiff

Answer 42

Burden of proof

Question 43

Beyond a reasonable doubt (criminal cases) Clear and convincing evidence Preponderance of evidence (used for malpractice cases)

Answer 43

Burdens of proof

Question 44

Case may or may not be appealed to next court in tiered system for a review of alleged legal errors at lower court

Answer 44

Appeal

Question 45

Party appealing the case

Answer 45

Petitioner/appellant

Question 46

Party against whom case is appealed

Answer 46

Respondent/appellee

Question 47

Defendant is required to do or to refrain from doing something

Answer 47

equity

Question 48

What are the three money awards that require collection?

Answer 48

Garnishment of wages Writ of execution Judgment lien

Question 49

Percentage of wages set aside to pay the judgment

Answer 49

Garnishment of wages

Question 50

Directs law enforcement to seize defendant’s real or personal property to satisfy debt owed 

Answer 50

Writ of execution

Question 51

Encumbers defendant’s property to prevent debtor-defendant from taking money from its sale until judgment owed to the plaintiff has first been paid

Answer 51

Judgment lien

Question 52

designed to cover payment of money awards by a court

Answer 52

Medical malpractice insurance policy coverage