Test 2

Question 1

Civil law

Answer 1

The body of laws governing private legal affairs. (Private rights or duties, contracts, and commercial relations

Question 2

Tort

Answer 2

A civil wrong-other then a breach of contract– committed against a person or a corporation

Question 3

Plaintiff

Answer 3

Brings suit against a defendant to seek remedies

Question 4

Drawbacks of litigation

Answer 4

Harm has already occurred
It does not improve quality; it may decrease it
It increases health care costs

Question 5

What is litigation

Answer 5

Refers to legal action brought before a court of law and it involves two main parties

Question 6

Federal, state, and local laws

Answer 6

By the level of government at which a law is formulated

Question 7

Constitution law
Statutory law
Administrative law
Common law

Answer 7

By the source of law

Question 8

Public law
Private law

Answer 8

By the laws application
(To whom it applies)

Question 9

Civil law
Criminal law

Answer 9

By the nature of litigants
(Private parties or a Private v. The public)

Question 10

Tort law
Contract law

Answer 10

By the type of wrong committed

Question 11

Federal preemption

Answer 11

Federal law supersede state and local laws

Question 12

Constitutional law

Answer 12

Based on the constitution of the US which is supreme law

Question 13

Statutory law

Answer 13

Crafted by legislative bodies

Question 14

Administrative law

Answer 14

Rules and regulations

Question 15

Common law

Answer 15

(Case law) legal precedents

Question 16

Tort law

Answer 16

A violation of duty

Question 17

Contact law

Answer 17

A specific agreement between two parties gone wrong is a breach of contract

Question 18

Ordinary negligence

Answer 18

Failure to exercise care that a reasonable person would have exercised in similar circumstances

Question 19

Injury from negligence must have what four conditions must be present

Answer 19

A duty must be owed
A breach of duty must occur (commission or omission)
An injury must result
A direct cause-and-effect relationship must exist

Question 20

Respondeat superior

Answer 20

The nursing facility of held liable for the wrongful acts of employees.
Let the master speak

Question 21

Title VI of the Civil Rights act of 1964

Answer 21

Applies to facilities and programs receiving Federal funds; law prohibits denial of benefits on the basis of race,color, or national origin

Question 22

What are the five types of elder abuse

Answer 22

Physical
Psychological or verbal
Sexual
Financial exploitation
Neglect to meet the needs of a dependent person