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Legal And Ethical Issues For Healthcare Professions 3rd Edition by Elsevier -Test Bank
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,Chapter 01: The U.S. Legal SystemTest Bank
MULTIPLE CHOICE
1. Which is a situation in which the goal of law is not accurately portrayed?
a. A woman takes her husband to court to obtain a divorce.
b. An individual sues his neighbor over a property line.
c. A man slashes his neighbor’s tires over a dispute.
d. A child is taken from her neglectful mother and placed in foster care by the state.
ANS: C
Taking the law into one’s own hands never fulfills the goal of law. The goal of law is to
resolve disputes without violence and to protect individual citizens’ health, safety, and
welfare. Taking an individual to court or to the proper regulatory agency resolves matters
peacefully.
DIF: Cognitive Level: Comprehension REF: p. 3
2. The foundation of the law of the land is:
a. state constitutions.
b. municipal laws.
c. district court decisions.
d. the Constitution of the United States.
ANS: D
The U.S. Constitution grants certain powers to the federal government. Unless a specific
power is granted to the U.S. government, that power is left to the jurisdiction of state
government.
DIF: Cognitive Level: Knowledge REF: pp. 3-6
3. Who has the power to regulate healthcare through their capacity to protect the health, safety,
and welfare of their citizens?
a. City government
b. County government
c. State government
d. Federal government
ANS: C
States have the police power to regulate nurses, pharmacists, physicians, chiropractors,
physical therapists, and other licensed healthcare providers.
DIF: Cognitive Level: Knowledge REF: p. 6
4. Which branch of government developed the source of law that implemented the Medicaid and
Medicare amendments to the Social Security Act of 1965?
a. Legislative
b. Judicial
c. Executive
, d. Municipal
ANS: A
The legislative branch of government develops statutory law. The executive branch can
propose or veto laws, and the judicial branch develops and interprets statutory law.
DIF: Cognitive Level: Knowledge REF: p. 4
5. Which is not an agency that can enact rules that become administrative law?
a. Occupational Safety and Health Administration
b. American Bar Association
c. Department of Health and Human Services
d. Environmental Protection Agency
ANS: B
The legislature enables certain agencies to develop rules and regulations, such as the
Occupational Safety and Health Administration, the Department of Health and Human
Services, and the Environmental Protection Agency. The American Bar Association is a
private organization, not a governmental agency.
DIF: Cognitive Level: Comprehension REF: pp. 4-5
6. Which statements about the checks and balances system is untrue?
a. The legislature can develop statutes and veto the executive branch.
b. The executive branch has veto power and can propose legislation.
c. The judicial branch interprets laws.
d. The legislature proposes laws.
ANS: A
The legislature can propose laws and develop statutes, but it does not have veto power. The
executive branch can veto and propose legislation, while the judicial branch interprets laws
and their application to individual cases.
DIF: Cognitive Level: Comprehension REF: p. 6
7. Which state does not have roots in English common law?
a. Texas
b. California
c. Louisiana
d. Maine
ANS: C
All states except Louisiana have adopted a common law system. Louisiana adopted a civil
code system based on Napoleonic code, because France originally colonized the state.
DIF: Cognitive Level: Comprehension REF: pp. 6-7
8. All the cases below would be considered a civil case except:
a. divorce.
b. breach of contract.
c. dispute over real estate sale.
d. terrorist threats.
, ANS: D
Civil law includes areas of the law such as contract issues, intentional torts, negligence,
malpractice, and privacy issues. A terrorist threat would be considered a criminal offense.
DIF: Cognitive Level: Comprehension REF: pp. 7-8
9. Which is primarily a criminal case?
a. A physician refuses to repay student loans.
b. A physician performs a pelvic exam without a glove.
c. An office assistant releases medical information without patient consent.
d. An office assistant accesses medical information by computer about a patient who
is not under a physician’s care at the time.
ANS: B
The physician has probably committed battery, a criminal offense, on the patient by not using
a glove for the pelvic examination. Issues related to contracts, such as student loans, are civil
matters. Privacy issues also fall under administrative law, which is part of the civil category.
DIF: Cognitive Level: Application REF: pp. 7-8
10. An example of in personam jurisdiction is:
a. a dispute between neighbors over a fence line.
b. theft of a computer from a private home.
c. vandalism to a car parked in a school lot.
d. all of the above.
ANS: D
In personam jurisdiction means that the court has jurisdiction over the person involved in the
case. If the action giving rise to the case occurred in a certain geographical area, then the trial
court in that area has jurisdiction over the case and the people involved in the case.
DIF: Cognitive Level: Application REF: p. 10
11. When a court has jurisdiction over property or a thing itself, rather than over the people
involved, the type of jurisdiction is called:
a. in rem jurisdiction.
b. in personam jurisdiction.
c. ad litem jurisdiction.
d. appellate jurisdiction.
ANS: A
The court determines right to the property in an in rem jurisdiction case, which is usually
binding against the whole world, not just the parties involved.
DIF: Cognitive Level: Knowledge REF: p. 10
12. Which cases could be sent from the district court to the appellate court?
a. A woman suing for the right to have an abortion in her last trimester of pregnancy
b. A man suing a physician for negligence
c. A parent suing on behalf of a child injured in a car accident
d. All of the above
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