1- The basic sources of law are: common law statutory law administrative law all
ID: 138300 • Letter: 1
Question
1- The basic sources of law are:
common law
statutory law
administrative law
all of the above
2- The body of principles evolving and expanding from judicial decisions arising during the trial of court cases is:
jursidiction
venue
documentary law
common law
3- The three branches of the federal government are the:
statutory, common and administrative
legislative, executive and judicial
public, private and hybrid
supreme, circuit and district
4- What is the main source of regulation affecting the health care industry?
DHHS
Medicare
Medicaid
HCFA
5- Which of the following are torts?
Administering the wrong medication
Administering medication to the wrong patient
All of the above
None of the above (these are only crimes)
6- The elements of negligence include:
Foreseeability, caution, long-term care, and harm.
Duty, breach, injury, and causation
Acceptance, assent, legality, and fraud
None of the above
7- The reasonable anticipation harm or injury is likely is:
Negligence
Damages
Foreseeability
All of the above
8- Intentional torts include:
Assault
Battery
False Imprisonment
All of the above
9- The improper restraint of a patient or detaining a person with a highly contagious disease, may lead to a tort claim of:
False Imprisonment
Restitution
All of the above
None of the above
10- A patient's insistence on leaving against medical advice should be:
ignored to prevent a violent confrontation
noted by the patient
noted on the medical record
all are proper responses
11-The two major defenses to a defamation action are:
time and effort
fraud and presentation
truth and privilege
all of the above
13- To prove fraud, one must show:
untrue statement made with intent to deceive
justifiable reliance
damages
all of the above
14-The legal theories of product liability include:
negligence
breach of warranty
strict liability
all of the above
15-An intravenous solution contaminated by the negligence of the product user, rather than the manufacturer, is an example of a:
intervening cause
product liability defense
all of the above
none of the above
16-Virtue ethics addresses difficult issues such as the nature of life, the nature of death, what sort of life is worth living, what constitutes murder, how we should treat people who are especially vulnerable, and the responsibilities that we have to other human beings.
True
False
17-Professional ethics are standards or codes of conduct established by the membership of a specific profession.
True
False
18-Compassion is a form of beneficence. People, often believing they know what is best for another, often make decisions they believe are in that person’s best interest.
True
False
19-Negative tolerance implies one will reluctantly put up with another’s beliefs. In other words, they simply tolerate the view of others.
True
False
20-Crimes are established by legislative bodies.
True
False
21- Medicare is a federally sponsored health insurance program for persons over 65 years of age and certain disabled persons.
True
False
22- Failure to conform to or a departure from a required duty of care owed to a patient is considered a breach of duty.
True
False
23- The plaintiff must establish a negligent act was newsworthy.
True
False
24-Public figures have more difficulty in pursuing defamation litigation than the average individual.
True
False
25- Slander is the intentional touching of another’s person in a socially impermissible manner, without that person’s consent.
True
False
26- A tort committed deliberately and based on the premise the defendant intended the harmful consequences of his or her behavior is cohesion.
True
False
Explanation / Answer
1. Ans: All the above .
The basic sources of law are:common law,statutory law,administrative law.(Pozgar,2009)
2.Ans: Common law
3.Ans:legislative, executive and judicial
statutory, common and administrative- Basic sources of law
legislative, executive and judicial-Three branches of federal government(Pozgar,2009)
public, private and hybrid-It is related to data
supreme, circuit and district-District courts hold federal trials, while the circuit courts hold both trials and appeals for cases decided by district courts
4.Ans:DHHS
5.Ans:All of the above
Unintentional commission or omission of an act that a "reasonably prudent person" could or couldn't do under given circumstances is termed as negligence.
Negligent,Intentional, Strict liability are the categories of tort law.
6.Ans: Duty, breach, injury, and causation
The four elements that a plaintiff must prove to win a negligence suit are 1) Duty, 2) Breach, 3) Cause, and 4) Harm(Foundations of law)
7.Ans:Foreseeability
Foreseeability is the reasonable anticipation that harm or injury is likely to result from a commission or omission of an act(Pozgar,2018)
8,Ans: All of the above
The intentional torts include assault, battery, false improvement ,defamation of character,fraud, invasion of privacy,and infliction of emotional distress.
9.Ans:False imprisonment
The improper restraint of a patient or detaining a person with a highly contagious disease, may lead to a tort claim of false imprisonment. Falseimprisonment is the unlawful restraint of an individual 's personal liberty or unlawful restraint .(Pozgar,2018)
11.Ans: Truth and privelege
Two defenses for demation are truth and privilege(Pozgar,2009)
ref:
1.George D. Pozgar, Nina M. Santucci,Legal Essentials of Health Care Administration,2009, Pg-14 ,15,16,18,82,84,87
2. Foundation of law,Introduction to negligence, retrieved from https://lawshelf.com/courseware/entry/introduction-to-negligence
3.Pozgar,Legal aspect of health care administration,2018,pg.55
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