Exam I

Question 1

What two systems do our judicial system operate?

Answer 1

state and federal

Question 2

How are most law suits filed?

Answer 2

in a state trial court

Question 3

What is the difference between law and ethics?

Answer 3

law: dictate what you must do
ethics: dictate what you should do

Question 4

What is the difference between civil and criminal law?

Answer 4

criminal: crimes against society
civil: wrongs against an individual

Question 5

What type of cases fall under civil law?

Answer 5

• malpractice
• personal injury
• worker’s comp

Question 6

What is contract law?

Answer 6

• a form of civil law

- a contract is an agreement between 2 or more parties

Question 7

Contract law-consideration

Answer 7

something of legal value given by each part

Question 8

What is disaffirmation?

Answer 8

legal right of incompetent part to set aside agreement

Question 9

What are the 3 kinds of disaffirmation?

Answer 9

• minors
• under the influence
• mental issues

Question 10

breech of contract

Answer 10

one party fails to perform the required obligations

Question 11

Remedies

Answer 11

actions to obtain satisfaction for injury caused by a breech

Question 12

What is a tort?

Answer 12

a civil wrong

Question 13

What are the three types of torts?

Answer 13

• intentional
• unintentional
• strict liability

Question 14

What are examples of intentional tort?

Answer 14

assault and battery, invasion of privacy

Question 15

What are examples of unintentional tort?

Answer 15

negligence, malpractice which is professional negligence

Question 16

What percent of practicing chiropractors are involved in litigation?

Answer 16

2-3% according to NCMIC

Question 17

When was the 1st malpractice suit?

Answer 17

1794

Question 18

What are the four Ds of a malpractice claim?

Answer 18

• duty
• dereliction of duty
• direct causation
• damage

Question 19

What is reliance?

Answer 19

an informal setting/social settings

Question 20

What does the “same or similar” locality test allow?

Answer 20

it allows for the plaintiff to have an expert from outside the community testify

Question 21

What was Rosenberg vs Cahill about?

Answer 21

chiropractor missed tumors on a child’s x-rays

Question 22

Why is an expert witness called?

Answer 22

to establish the appropriate standard of care

Question 23

What did the “locality rule” state?

Answer 23

the doctor needed only perform to a level of care of his colleagues in the locality within which he practiced

Question 24

What is the “conspiracy of silence”?

Answer 24

a reluctance of local doctors to testify against one of their own

Question 25

What is res ipsa loquitur?

Answer 25

• the thing speaks for itself
• jury needs no expert
• guilty until proven innocent

Question 26

Fracturing a rib while performing a thoracic adjustment is an example of what type of case?

Answer 26

res ipsa loquitur

Question 27

What are some factors that can influence and alter changes in standard of care?

Answer 27

• statutory presumption
• judicial edict
• technology
• college training
• specialization
• advertising

Question 28

What is negligence defined as?

Answer 28

failing to conform to the required level of care

Question 29

What are some actions that will usually support a claim of negligence?

Answer 29

• rib fractures
• therapy burns
• patient falls from table
• on table injuries

Question 30

What is battery?

Answer 30

unauthorized touching of another