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1
Q

The use of a jury in court is a fairly recent thing

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2
Q

Malpractice is something unique in the US & has only occurred in the last few hundred years

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3
Q

Malpractice has been increasing dramatically in the last ten years

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4
Q

The legislative branch of government can appoint heads of the different departments of the executive branch of government

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5
Q

The constitution specifies a number of different agencies that report to the president & VP

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6
Q

Article 3 of the constitution authorizes the establishment of specifically tax courts

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7
Q
  1. If a state issue is involved such as divorce then the US Supreme Court has no authority to change the Supreme Courts Decision
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8
Q
  1. If someone trespasses on your land and their injured you have no liability in CA
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9
Q
  1. If you block the front door to someones house but they can leave out the back door it is still false imprisonment
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10
Q
  1. If you follow somebody closely but do not bother them, it is not a violation of the stalking laws
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11
Q
  1. A PT owes a duty to a person who is drowning in a swimming pool if they walk by
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12
Q
  1. If you are sued for malpractice, the duty must meet a local standard and not a national standard
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13
Q
  1. It is always easy to determine if duty has been breached in a negligence suit and never requires experts
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14
Q
  1. Loss of consortium is usually filed by the plaintiff
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15
Q
  1. Product liability is a type of intentional tort
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16
Q
  1. Offers and acceptances for commercial merchants are established under the UCC
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17
Q
  1. Under the UCC if an acceptance modifies the offer, it is valid if not objected to within 12 business days
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18
Q
  1. The mailbox rule states that an offer is valid at the date of receipt
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19
Q
  1. Gifts are a good example of contracts
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20
Q
  1. Punitive damages can be awarded for breach of contract
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21
Q
  1. Pain & suffering are awarded in a breach of contract
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22
Q
  1. The parole evidence rule says that you can be released from prison if you behave yourself
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23
Q
  1. If you assume the debt of another it must be in writing unless it is more than 100 dollars
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24
Q
  1. Goods over 10 dollars that are sold must involve a written contract
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25
Q
  1. A real estate contract to rent an apartment for 2 months does not have to be in writing
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26
Q
  1. A prevailing law clause states that you will use the law the state you work in
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27
Q
  1. In CA, an employment contract can specify that after you leave one PT practice you cant work within 25 miles within 2 years
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28
Q
  1. An indemnity clause specifies who will have to pay damages in legal fees if something goes wrong in a contract
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29
Q
  1. Criminal and civil assault and battery are exactly the same except that one is filed by the state
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30
Q
  1. A depraved type murder is a type of 2nd degree murder
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31
Q
  1. For a 1st degree murder, deliberation is always necessary
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32
Q
  1. If a person kills another person in self defense, it is not considered murder
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33
Q
  1. In CA a valid defense for 1st degree murder is eating twinkes.
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34
Q
  1. Negligent homicide requires deliberation & premeditation
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35
Q
  1. A person accidentally walks into a stock room of a grocery store and upon seeing the groceries decides to take some. This is a typical example of a burglary
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36
Q
  1. One good defense for a criminal act is that you were drinking
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37
Q
  1. If someone gives you drugs and you don’t know you’re taking drugs, then you will still be convicted of a crime
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38
Q
  1. After you have been served with a lawsuit in a civil case you have sixty days to respond
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39
Q
  1. During discovery you can only use interrogatories and depositions
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40
Q
  1. An interrogatory can be served on any one to expedite the case
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41
Q
  1. In the opening argument, the trial attorneys can argue that the other side has poor evidence
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42
Q
  1. Once you file a lawsuit against somebody, you can hand it to the other party yourself
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43
Q
  1. Federal courts uses code pleading
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44
Q
  1. Character evidence is always inadmissible at trial
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45
Q
  1. If you receive a subpoena for medical records, since the subpoena is ordered by the court in all cases, you must comply
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46
Q
  1. If you treat someone under 18 yeards old, then the statute of limitations is always one years during which they can file for malpractice
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47
Q
  1. The most important law protecting confidentiality is Hippa
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48
Q
  1. Research does not fall under hippa
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49
Q
  1. You can take a polygraph on someone before you hire them
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50
Q
  1. Email is considered confidential
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51
Q
  1. Emailing information about a patient across the hospital is legal in all cases
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52
Q
  1. Medicare fraud can result in monetary penalties but not jail time
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53
Q
  1. Under medicare, you can bill for a student on an intern treating a medicare patient
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54
Q
  1. You can use PTAs on medicare patients since they are licensed
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55
Q
  1. Under stark 2 it is alright to have your own wife own a medical lab that you are dealing with
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56
Q
  1. Clinical instructors, during internship, must countersign with only their last name or first and last initial
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57
Q
  1. If someone is working as an independent contractor, their employer still withholds FICA
A

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58
Q
  1. The Miranda decision covers your right to have an attorney in a civil trial
A

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59
Q
  1. Gideon vs florida established your right to have an attorney when you are being questioned in a criminal case
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60
Q
  1. During a criminal case, the defense shows their case first
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61
Q
  1. What can be included in closing statement in a criminal trial is very different than that of a civil trial
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62
Q
  1. The level of evidence that the prosecution needs to present in a criminal trial is that you are guilty by a proponderous of evidence
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63
Q
  1. In the US it can take years before you are brought to trial on criminal charges
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64
Q
  1. In a criminal case you only have the right to a jury trial if the judge agrees to let you have a jury trial
A

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65
Q
  1. If you write a complaint against another person, you can personally hand it to them
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66
Q
  1. If a complaint is filed against a corporation, any officer of the corporation can be served with legal papers
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67
Q
  1. Once the complaint and answered filed, the trial is scheduled
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68
Q
  1. In a civil case discovery allows the parties to gain information but the original complaint can not be changed
A

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69
Q
  1. If someone is your patient and they abuse a child, they have a right to confidentiality & you cant tell anyone
A

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70
Q
  1. If a health professional reports child abuse & they are incorrect, they can be sued
A

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71
Q
  1. Asians have the highest rate of child abuse in their children
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72
Q
  1. Failure to report a communicable disease is a felony
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73
Q
  1. Births, but not deaths, have mandatory reporting requirements
A

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74
Q
  1. Local police adequately covered cases of domestic violence but the federal govt passed a national domestic violence act to provide more protection
A

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75
Q
  1. The fair labor standards act provides minimum wage for all employees
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76
Q
  1. All workmens compensation insurance companies are owned by the state of California for workers in the state of California
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77
Q
  1. Presently. An injured worker has unlimited access to pt
A

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78
Q
  1. A sole proprietorship can be owned by one person & therefore, a husband and wife can never own one
A

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79
Q
  1. In a sole proprietorship business taxes are reported separately from personal taxes on separate forms
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80
Q
  1. In a limited partnership, the limited partners have control over the general partners
A

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81
Q
  1. All partners in a limited partnership are equally liable to lawsuits
A

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82
Q
  1. A C-corporation is a corporation owned by less than 35 people
A

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83
Q
  1. Sub chapter S corporations have the returns reported on personal income taxes
A

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84
Q
  1. A non profit corporation must provide benefits to society at large
A

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85
Q
  1. A limited liability company is a type of corporation
A

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86
Q
  1. Product liability insurance only needs to be carried by a product manufacturer
A

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87
Q
  1. Your personal vehicle insurance policy will cover your business use of a car
A

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88
Q
  1. Charges for workmans compensation insurance are taken out of the employees pay check
A

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89
Q
  1. If you pay money to improve a leased property, the landlord will pay you the money back when you leave
A

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90
Q
  1. Age discrimination applies to people over the age of 35
A

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91
Q
  1. The americans with disability act prevents you from hiring or firing someone because of their skill and experience
A

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92
Q
  1. If someone tells you that they can bring client lists if you hire them, they are one of the better candidates to hire as an employee.
A

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93
Q
  1. To protect yourself legally you should say that all your employees are contractors.
A

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94
Q
  1. You should always ask a perspective employee their original name or if the court has changed their name
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95
Q
  1. It s lawful to ask an employees maiden name
A

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96
Q
  1. Birth place is a common question asked on an employment questionnaire
A

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97
Q
  1. It is always good to ask perspective employees the birth place or their closest relatives so that you can notify them that they are injured on the job
A

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98
Q
  1. Copies of the birth certificates are legal forms of proof that you can ask the perspective employee
A

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99
Q
  1. It is proper to ask somebody their religion on a job application in all cases
A

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100
Q
  1. You can photograph an applicant for the job so you can remember what they look like when you make your decision about who you are going to hire
A

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101
Q
  1. Height and weight are important information on a job interview
A

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102
Q
  1. In California you can surprise someone applying for a job with a random drug test
A

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103
Q
  1. Under federal law, any perspective employee can get a lie detector test
A

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104
Q
  1. If someone is not behaving to your expectations you can immediately fire them in CA
A

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105
Q
  1. You can never fire someone in CA without warnings and hearings
A

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