True False Questions pg 263-282

Question 0

In England prior to 1066 the king only dealt with violent crimes.

Answer 0

True

Question 1

American law is largely from English law.

Answer 1

True

Question 2

After 1066, matters that involve non money issues & non criminal issues were handled by the church courts.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

Malpractice is something unique in the United States & had only occurred in the last few hundred years.

Answer 4

False

Question 5

Lloyd’s of London was originally a bar.

Answer 5

True

Question 6

The concept of insurance is to spread the risk over a larger population.

Answer 6

True

Question 7

Malpractice has been increasing dramatically in the last 10 years.

Answer 7

False

Question 8

A hospital such as Loma Linda hospital is, in the state of California, dealt with like an administrative agency of the California government.

Answer 8

True

Question 9

In the US, state or federal governments have 3 branches

Answer 9

True

Question 10

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

Answer 10

False

Question 11

The constitution specifies a number of different agencies that report to the president & Vice President.

Answer 11

False

Question 12

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

Answer 12

False

Question 13

The highest court in the land is the US Supreme Court.

Answer 13

True

Question 14

If a state issue is involved such as divorce then the US Supreme Court has no authority to change the supreme courts decision.

Answer 14

False

Question 15

If someone trespassed on your land & their injured you have no liability in California.

Answer 15

False

Question 16

In a commerical lease, you may still have to pay rent if there is a flood on the property.

Answer 16

True

Question 17

In a commercial lease you may still have to pay rent if the heating & cooling system does not work

Answer 17

True

Question 18

In a private lease there are covenants that run with the lease so that if the properties is uninhabitable you don’t have to pay rent.

Answer 18

True

Question 19

If someone takes something of yours & doesn’t return it in 2 weeks they may have to pay the full value of the chattel

Answer 19

True

Question 20

If you block the front door to someone’s house but they can leave out the back door, it is false imprisonment.

Answer 20

False

Question 21

If you follow somebody closely but do not bother them, it is not a violation of the stalking laws.

Answer 21

False

Question 22

A physical therapist owes a duty to a person who is drowning in a swimming pool if they walk by.

Answer 22

False

Question 23

Duty of a physical therapist for professional conduct in treating a patient is best defined in the PT handbook published by the American physical therapy association.

Answer 23

True

Question 24

If you are used for malpractice, the duty must meet a local standard & not a national standard.

Answer 24

False

Question 25

It is always easy to determine if duty had been breached in a negligence suit & never requires experts.

Answer 25

False

Question 26

Duty and breach can be established by establishing negligence per swig a statute has been violated.

Answer 26

True

Question 27

In negligence per se, proof the statute must have been created to protect the people for the duty that was breached must be shown.

Answer 27

True

Question 28

Negligence can be established under resipsa liquitor if something happens that shouldn’t normally happen in a hospital but no one knows who did it.

Answer 28

True

Question 29

Actual cause in a negligence suit must satisfy the “but for test”

Answer 29

True

Question 30

Proximate cause in a civil suit for negligence must satisfy for “foreseeability” test

Answer 30

True

Question 31

It is foreseeable that an emergency room doctor can make a mistake & injure somebody who has been in an automobile accident

Answer 31

True

Question 32

In a tort lawsuit, punitive damages can be awarded in most states.

Answer 32

True

Question 33

Loss of consortium is usually filed by the plaintiff

Answer 33

False

Question 34

Loss of consortium is usually filed by the significant other of the plaintiff in a tort action.

Answer 34

True

Question 35

If you have a masters in PT you are held to a higher standard in a malpractice lawsuit then someone with a bachelors degree.

Answer 35

True

Question 36

If you have a doctorate in PT you’re held to a higher standard than someone with a masters or a bachelors degree in PT in a malpractice lawsuit.

Answer 36

True

Question 37

In California the total aggregate damages in a malpractice lawsuit can not exceed 250 dollars.

Answer 37

True

Question 38

Product liability is a type of intentional tort.

Answer 38

False

Question 39

To win a product liability lawsuit you

Need to show that a better or safer product can be built to avoid the accident for a similar price.

Answer 39

True

Question 40

If you leave a physical therapy practice & tell your patients that the practice is “no good” & take the patients with you, you may be guilty of interference with contract.

Answer 40

True

Question 41

If a patient was going to come to a PT practice & tell your patients that the practice is “no good” & take the patients with you, you may be guilty of interference with contract.

Answer 41

True

Question 42

Ofa patient was going to come to a

PT practice & you take them into your PT contract, you may be guilty of interference with perspective contract.

Answer 42

True

Question 43

If you leave Loma Linda hospital & say that it is a bad hospital & you can’t prove this in court you may be guilty of business liable.

Answer 43

True

Question 44

For a written or oral statement to be defamation, it must be understood.

Answer 44

True

Question 45

The best defense for slander or liable is what was said is the truth.

Answer 45

True

Question 46

Gernerally speaking, to win an award in court for liable or slander, damages must be proved.

Answer 46

True

Question 47

For certain types of liable

& slander, damages do not need to be proved.

Answer 47

True

Question 48

The federal tort claims act allows you to sue the federal government in certain cases where civil rights or other issues are violated.

Answer 48

True

Question 49

If you sued the federal government for the violation of civil rights, if you prevail, they will pay your legal fees.

Answer 49

True

Question 50

An offer is an outward manifestation

Tone bound by an agree my enforceable under the law with certain& definite terms

Answer 50

True

Question 51

If someone shakes their head this can be an acceptance?

Answer 51

True

Question 52

Acceptance must be unequivocal except for commercial venders.

Answer 52

True

Question 53

Offers & acceptances for commercial merchants are established under the UCC.

Answer 53

False

Question 54

Under the UCC an acceptance can modify the offer, it is valid if not objected to within 12 business days.

Answer 54

False

Question 55

Under the UCC an acceptance can modify the offer & can still be valid.

Answer 55

True

Question 56

The mail box rule states that an offer is valid at the date of receipt.

Answer 56

False

Question 57

Consideration is “that which is bargained for an exchange for a contract”

Answer 57

True

Question 58

Gifts are a good example of contracts.

Answer 58

False

Question 59

A typical example of a unilateral contract is a reward for catching a criminal.

Answer 59

True

Question 61

A court will always try to make a contract valid.

Answer 61

True

Question 62

A court will try to make contracts valid by subdividing contracts wherever possible

Answer 62

true

Question 63

one remedy for breach of contract is to pay whatever is necessary so the contract can be completed.

Answer 63

true

Question 64

punitive damages can be awarded in a breach of contract

Answer 64

false

Question 65

pain and suffering are awarded in a breach of contract

Answer 65

false

Question 66

if someone issues a contract to you and then interferes with you in performing the contract, you can use this for a defense for a breach of contract

Answer 66

true

Question 67

anticipatory repudiation is when you learn before a contract is started that the person you signed the contract with is going to breach the contract and therefore sue before the contract would ever be started

Answer 67

true

Question 68

contract law favors assignment of rights & delegations of duties

Answer 68

true

Question 69

assignment of rights and delegation of duties can be avoided if there is a clause in the contract blocking it.

Answer 69

true

Question 70

the parole evidence rule says that you can be released from prison if you behave yourself

Answer 70

false

Question 71

the best defense for the parole evidence rule is by putting a clause in a contract called an integration clause

Answer 71

true

Question 72

an integration clause in a contract states that all the terms are written in the contract and no oral evidence will be admitted in court

Answer 72

true

Question 73

condition precedent means that something needs to be done before the contract is started

Answer 73

true

Question 74

condition subsequent means that something must be done at the end of the contract to finish the contract

Answer 74

true

Question 75

if you assume the debt of another it must be in writing unless it is more than one hundred dollars

Answer 75

false

Question 76

all real estate contracts must be in writing

Answer 76

true

Question 77

goods over $10 that are sold must involve a written contract

Answer 77

false

Question 78

real estate contract to rent an apartment for 2 months does not have to be in writing

Answer 78

false

Question 79

a contract that extends over a period of time should have the payment schedule clause.

Answer 79

true

Question 80

a payment schedule clause should involve indexing for inflation

Answer 80

true

Question 81

a good contract provides a clause stating what each party will bring to the contract and what they will get

Answer 81

true

Question 82

an arbitration clause can either be binding or non-binding

Answer 82

true

Question 83

a binding arbitration clause keeps you from going to court to settle a dispute but allows a panel of arbitrator to make the final decision on who is right or wrong in the contract dispute.

Answer 83

true

Question 84

a legal fees clause can force you to pay the other sides legal fees if you break the contract

Answer 84

true

Question 85

a prevailing law clause states that you will use the law the state you work in

Answer 85

false

Question 86

in california, an employment contract can specify that after you leave one PT practice you can’t work within 25 miles within 2 years

Answer 86

false

Question 87

an insurance clause in a contract specifies who will carry insurance to protect you and the other party in the contract

Answer 87

true

Question 88

An indemnity clause specifies who will have to pay damages in legal fees if something goes wrong in a contract

Answer 88

false

Question 89

an assignment clause can block giving a contract to another party

Answer 89

true

Question 90

there are 2 basic elements to be satisfied in any criminal act, these are the means rea and corpus rea of the crime

Answer 90

true

Question 91

criminal and civil assualt and battery are exactly the same except that one is filed by the state

Answer 91

false

Question 92

a depraved type murder is a type of 2nd degree murder

Answer 92

false

Question 93

for a 1st degree murder, deliberation is always necessary

Answer 93

false

Question 94

if a person kills another person in self defense, it is not considered murder

Answer 94

false

Question 95

in california a valid defense for first degree murder is eating twinkies

Answer 95

false

Question 96

negligent homicide requires deliberation and premeditation

Answer 96

false

Question 97

a person accidentally walks into the stock room of the grocery store and upon seeing the groceries decides to take some. this is a typical example of a burglary.

Answer 97

false

Question 98

burglary is considered an offense against the habitat.

Answer 98

true

Question 99

to be convicted of attempted burglary, only the initial planning of the crime must begin

Answer 99

true

Question 100

slight charring of any portion of a residence or business can result in a conviction of arsin

Answer 100

true

Question 101

one good defense for a criminal act is that you were drinking

Answer 101

false

Question 102

if someone gives you drugs and you don’t know that you’re taking drugs, then you can still be convicted of a crime

Answer 102

false

Question 103

incapacity is a valid defense for a criminal act

Answer 103

true

Question 104

mistake a fact but not mistake a law is a defense for a criminal act

Answer 104

true

Question 105

someone breaks into your house and they have a gun and you shoot them. self defense is valid as a defense

Answer 105

true

Question 106

after you have been served with a lawsuit in a civil case you have sixty days to respond

Answer 106

false

Question 107

during discovery you can only use interrogatories and depositions

Answer 107

false

Question 108

an interrogatory can be served on any one to expedite the case

Answer 108

false

Question 109

a summary judgment can be for all the issues in a lawsuit or just some of the issues

Answer 109

true

Question 110

in the opening argument, the trial attorneys cab argue that the other side has poor evidence

Answer 110

false

Question 111

once you file a lawsuit against somebody, you can hand it to the other party yourself

Answer 111

false

Question 112

california uses code pleading

Answer 112

true

Question 113

federal courts uses code pleading

Answer 113

false

Question 114

a subpoena can be for items or documents or even for people

Answer 114

true

Question 115

if a summary judgment motion is granted, the opposing party may pay the costs

Answer 115

true

Question 116

if the case is filed in california, and the californian supreme court sides against you, then you can appeal to the US Supreme COurt

Answer 116

true

Question 117

remedial measures too cannot be shown at trial

Answer 117

true

Question 118

character evidence is always admissible at trial

Answer 118

false

Question 119

settlement offers cannot be admitted at trial

Answer 119

true

Question 120

for real evidence, the chain of custody must be established

Answer 120

true

Question 121

the best evidence rule says that the original evidence is necessary court

Answer 121

true

Question 122

for hospital records, it is only necessary to have the keeper of records from the business or hospital come to trial to testify that the records are legitimate

Answer 122

true

Question 123

priests, lawyers and health care providers are protected from testifying as a privilege

Answer 123

true

Question 124

hearsay is a statement made by a declarant at the time of trial to prove the truth of the matter is asserted

Answer 124

true

Question 125

an excited utterance is exception to the hearsay rule

Answer 125

true

Question 126

in california admitting something to another party, it is not hearsay and it is admissible at trial as hearsay exclusion

Answer 126

true

Question 127

a dying declaration is admissible at trial only to the extent that it involves the circumstances about the death

Answer 127

true

Question 128

government records are exception to the hearsay rule

Answer 128

true

Question 129

family trees are an exception to the hearsay rule

Answer 129

true

Question 130

agencies has quasi judicial and quasi legislative authority

Answer 130

true

Question 131

you must exhaust all of your appeals within an agency before you can go to court

Answer 131

true

Question 132

the 14th amendment states that agencies must follow due process

Answer 132

true

Question 133

agency divisions must balance public and private needs

Answer 133

true

Question 134

an illegal statue can be used as a challenge to an agency

Answer 134

true

Question 135

ultra vires means that an agency has done something outside of its legislative authority

Answer 135

true

Question 136

the 3 elements of consent are squinter voluntary and willingly

Answer 136

true

Question 137

if you don’t have consent in medical practice, it is considered civil assault and battery and criminal charges can also be filed

Answer 137

true

Question 138

statutory informed consent means that if someone is unconscious and unable to make a decision, the health care provider can make it for them in an emergency

Answer 138

true

Question 139

medical records are the property of the patient even if they don’t pay their bill

Answer 139

true

Question 140

only the patient can release medical records

Answer 140

true

Question 141

if you receive a subpoena for medical records, since the subpoena is ordered by the courts in all cases, you must comply

Answer 141

false

Question 142

if you treat someone under 18 years old, then the statute of limitations is always one years during which they can file for malpractice

Answer 142

false

Question 143

the most important law protecting confidentiality is HIPAA

Answer 143

false

Question 144

HIPPA only applies if you are using electronic billing

Answer 144

true

Question 145

HIPPA promotes only necessary and minimal oral communication

Answer 145

true

Question 146

subcontractors that work for you must sign a HIPPA agreement

Answer 146

true

Question 147

research does not fall under HIPPA

Answer 147

false

Question 148

the life of a patent is 20 years

Answer 148

true

Question 149

patents are protected internationally under the Berne treaty

Answer 149

true

Question 150

exceptions to copyright violations are called the fair use doctrine

Answer 150

true

Question 151

the purpose of the ADA is to eliminate discrimination against people with disabilities.

Answer 151

true

Question 152

AIDS is covered under the ADA

Answer 152

true

Question 153

learning disorders are covered under ADA

Answer 153

true

Question 154

schizophrenia is covered under ADA

Answer 154

True

Question 155

heart disease is covered under ADA

Answer 155

true

Question 156

diabetes is covered under the ADA

Answer 156

true

Question 157

you can take a polygraph on someone before you hire them

Answer 157

false

Question 158

minimum wage is specified in the fair labor standards act

Answer 158

true

Question 159

family leave can be taken for pregnancy

Answer 159

true

Question 160

asking for sexual acts for favors in the job is called quid pro quo

Answer 160

true

Question 161

telling a dirty joke in the work environment that a third party hears is an example of 2nd degree sexual discrimination

Answer 161

true

Question 162

email is considered confidential

Answer 162

false

Question 163

emailing information about a patient across the hospital is legal in all cases

Answer 163

false

Question 164

almost 15% of all medical claims were fraudulent

Answer 164

true

Question 165

fraud is an intentional deception or misrepresentation made by a person with the knowledge that the deception can result in some unauthorized benefit to that person or the other.

Answer 165

true

Question 166

medicare abuse is defined as payment for items or services where there is no legal entitlement to those services

Answer 166

true

Question 167

medicare fraud can result in monetary penalties but not jail time

Answer 167

false

Question 168

under medicare, you can bill for a student on an intern treating a medicare patient

Answer 168

false

Question 169

you can use PTA’s on medicare patients since they are licensed

Answer 169

false

Question 170

it is a felony for anyone who knowingly and remotely receives or pays anything of value to influence the referral of a medicare patient

Answer 170

true

Question 171

under a safe barber, if you turn yourself in, you cannot be prosecuted.

Answer 171

true

Question 172

you can give a gift not to exceed $25 to a medicare beneficiary who is your patient

Answer 172

true

Question 173

under start 2, it is alright to have your wife own a medical lab that you are dealing with.

Answer 173

false