Midterm

Question 1

The foursources of public law in theUnited States are constitutions,statutes, administrative
regulations, and

Answer 1

judicial decisions

Question 2

The concept of “checks and balances” describes which of the following?

Answer 2

The fact that no branch of government has

Question 3

Congressional action to impeach and convict a federal judge is an example of which ofthe following?

Answer 3

Checks and balances

Question 4

The branch of government that passes statutesis known asthe

Answer 4

legislative branch

Question 5

The principle of stare decisis relates to which of the following?

Answer 5

Following precedent in judicial decisions

Question 6

The type oflaw thatismade by the executive branch of government is known as which of the following?

Answer 6

Administrative

Question 7

Which ofthe following statements best describes how casesreach theUS Supreme Court?

Answer 7

The justices have discretion to choose which cases they want to decide.

Question 8

Depositions and interrogatories aremethods of discovery.

Answer 8

True

Question 9

a civil lawsuit usually begins by filing a document called a

Answer 9

complaint

Question 10

which of the following in the Latin term for an order requiring the production of documents

Answer 10

subponea duces tecum

Question 11

Which of the following are elements of all valid contracts?

Answer 11

competent parties, a meeting of the minds, and consideration

Question 12

A physician’s unfulfilled promise to cure a patient (outcome) may lead to which of the following types of liability?

Answer 12

Breach of warranty

Question 13

A physician notifies a patient that, effective immediately, he (the physician) never wants to see her (the patient) again because she failed to follow his recommendations. The physician is potentially liable for which of the following?

Answer 13

abandonment

Question 14

An uncontested touching is

Answer 14

battery

Question 15

a newspaper publishes an untrue statement about a private citizen, and the subject’s reputation is injured. What type of intentional tort is most likely to be alleged if a lawsuit is filed

Answer 15

libel

Question 16

a physician published “before and after” photographs of a cosmetic surgery patient without the patient’s consent. The patient’s identity can be discerned from the photographs. The physician is potentially liable for

Answer 16

invasion of privacy

Question 17

which of the following torts is most likely to be alleged in a lawsuit involving commitment of a patient to a psychiatric facility?

Answer 17

false imprisonment

Question 18

“intentionally infliction of emotional distress is also known as

Answer 18

outrage

Question 19

pursing a case against a physician on a breach of contract theory is sometimes easier than on a standard negligence claim because

Answer 19

the plaintiff does not have to prove standard of care.

Question 20

True or false? Contracts generally deal with civil, rather than criminal, issues

Answer 20

true

Question 21

True or false? The doctor-patient and hospital patient relationships are based on the principles of contract

Answer 21

true

Question 22

True or false? As a general rule, a physician is free to refuse to treat any person who has never been a patient

Answer 22

true

Question 23

the doctor-patient relationship only ends when the patient is cured or dies

Answer 23

false

Question 24

defamation can either be verbal or written

Answer 24

false

Question 25

which of the following is an element of negligence that must be present to establish liability

Answer 25

causation

Question 26

in a medical malpractice trial, the standard of care is most often established by which of the following?

Answer 26

expert testimony

Question 27

A cartravels at 50mph through a schoolzone posted “15mph when children present.” Children are
present.Nobody is hurt. Which of the following best describes the legal situation?

Answer 27

the driver has breached the standard of care

Question 28

when using expert testimony to establish the standard of care in a malpractice case, the judge must require which of the following?

Answer 28

that the expert be familiar with the type of care involved in the patient’s case

Question 29

a physician fails to report a suspected caare of child abuse as required by law. After treatment, the child is returned to her parents and suffers further abuse. Which of the following arguments could be used to hold the physician liable?

Answer 29

negligence per se (statutory liability)

Question 30

It may not be necessary to present expert testimony in a medical malpractice case if

Answer 30

the plaintiff’s injury resulted from a ‘never event’, such as retained foreign body or device malfunction

Question 31

True of False? the concept of strict liability is generally limited to dangerous or defective products rather than services.

Answer 31

true

Question 32

Which of the following provides an effective defense to a malpractice lawsuit?

Answer 32

the statute of limitations

Question 33

True or False? vicarious liability is based on the principle of respondeat superior?

Answer 33

true

Question 34

an exculpatory contract is one that

Answer 34

releases the defendant of liability