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HCA 441 - Exam 1 Questions with complete solutions 2024/2025( A+ GRADED 100% VERIFIED).
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HCA 441 - Exam 1 Questions with complete solutions 2024/2025( A+ GRADED 100% VERIFIED).
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HCA 441 - Exam 1Criminal; Civil - ANS The legal system in the United States has two hemispheres: ____ & ____
Battery - ANS the intentional non-consensual touching of another
Assault - ANS the intentional threatening of battery
False Imprisonment - ANS something that impedes your right to come and go as you please,
restricts your freedom. The intentional impeding of another's lawful movement
Slander - ANS say something about someone that is not true with the expressed purpose of
hurting their reputation. False speech about another's character designed to defame them
Libel - ANS published content about someone that is false with the expressed purpose of
hurting their reputation. False writing about another's character designed to defame them
Battery - ANS Surgery not consented to. Cutting off the right foot instead of the left foot.
False Imprisonment - ANS Tying down patients...
Slander - ANS Writing down something bad in a patient's chart.
Conversion - ANS Stealing patient's personal belongings, medications. Sending bills to
insurance companies for things that weren't done (from doctors)
Negligence - ANS ◊ Always involves a breach of duty. Act of omission. It is fault-based:
- Breach a duty by doing something that you shouldn't have done
- Breach a duty by failing to do something you should have done.
◊ Has to have damages
◊ Direct link - proximate cause
Strict liability - ANS ◊ Is not fault-based
◊ Engaged in ultra-hazardous activity
- Harboring wild animals
- Blowing stuff up
- Privately owned dam breaks
- If you sell adulterated drugs, you are liable...
- The same can be said about food.
, Strict liability - ANS it's a rule designed to increase commerce, engage in commercial
intercourse.
Vicarious liability - ANS ◊ Someone other than the act-or is responsible.
- Hit by professor
--> Sue professor
- Hit by beer truck
--> Sue driver
--> And sue beer company
Tortfeasor - ANS Someone who commits a tort
Punitive (exemplary) damages - ANS Designed to punish the tortfeasor, often sets examples
for others... The Supreme Court says there has to be some sort of relationship between the
damages and the ____.
Gross Wanton Misconduct - ANS Such a callus disregard for other people... Punitive damages
are available (lawyers seek this)
Negligence Per Se - ANS • Engage in negligent misconduct
○ Broke a law and because of the law you broke, someone got hurt.
• Activity that is automatically considered negligent.
○ Run a red light -> hit someone
Expressed Contracts - ANS Contracts where the terms have been expressed clearly, either
written or verbal. XYZ says to ABC "I will give you five dollars if you wash my car this afternoon."
In response ABC says "it's a deal I will wash your car this afternoon for $5."
Implied Contracts - ANS Contracts where the terms are ascertainable by the conduct of the
parties.
Unjust enrichment - ANS Getting something for nothing... having to pay regardless of request.
Consideration - ANS That thing of value that each party gives.
Forbearance - ANS Ask somebody to not do something their entitled to do.
Parol Evidence Rule (Four-Corners Rule) - ANS • Only deals with contracts which are in writing
• An evidentiary rule that tells us what evidence will be acceptable in court
• Exceptions:
○ Ambiguity
- Say I'm going to deliver something on June 31st... there is no June 31st.
○ Fraud in the execution of the contract
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