HITT 1253 Legal and Ethics Test 1 ( Mcway, Chapters:1-3)

Satisfying the judgement

- After all appeals have been exhausted, winning party may collect money award - common ways to satisfy a judgement: a)Writ of execution: order to sheriff to take property of losing party b)order of garnishment: obtain a portion of the losing party's wages.

e-discovery

- Discovery seeks information stored electronically in any medium, including business records such as patient's electronic health record

separation of powers

- Division of power is designed among branches of government (legislative, executive, and judicial) so that no one branch of government would dominate over the other two. -Powers divided to ensure balance

Summon

- It is a document to start a civil action and acquire jurisdiction over a defendant

Trial

- It is a hearing or determination by a court of the issues existing between the parties to an action - cases are decided by trial judge or by jury -Judge decides issues of law -Jury decides issues of fact -Determination of whether plaintiff proved his or her case

Mediation

- Most frequently used form of alternate dispute resolution - Neutral third party called mediator involved; mediator is not experties in the subject of the lawsuit - voluntary process -parties reach mutually acceptable resolution

Criminal Law

- One very large segment of public law - Declares certain conduct injurious to the public order and provide specified punishment for those found to have engaged in such conduct. - divided into 2 categories. a. substantive law, b. procedural law. - paintiff is always the state or federal government -punishment may be a fine and/or imprisonment -state and federal statutes always establish criminal law -the burden of proof is "beyond reasonable doubt" -only the defendant may appeal a guilty verdict in a criminal case - defendant either guilty or not not guilty; there is no partial fault

Stare decisis

- common law court decision establishes a precedent that may be relied on in future court cases involving similar issues. -this reliance on precedent referred as stare decisis, latin term meaning " to let the decision stand" -it applies to all courts within the same geographical area and within same jurisdiction. -operates in a pyramid fashion. Top court issues decision on a particular topic and all the lower courts follow the decision. -pyramidal structure of federal court system u.s supreme court-->u.s courts of appeal-->trial courts (u.s district courts)

Hearsay

- defined as out of court statements that are offered to prove the truth of the matter asserted. -Health records are considered hearsay evidence Providers write statements (entries) Not made while under oath -Hearsay rule: prohibits admission of hearsay into evidence, although exceptions to this rule exist -Exception to the hearsay rule is business record exception (applies to health records) - To use health records as evidence in a lawsuit, party must establish a.Foundation for the record *It was made and kept in the ordinary course of business *At or near the time of the event *By a person with knowledge of the event or acts recorded b.Accuracy and trustworthiness of the record *Custodian of records testifies *Explains record-keeping procedures -Manager may be called to testify as to foundation and trustworthiness

Admissible

- to be admissible, the evidence must be both pertinent and proper -Relevant to the matter -Determined by the judge in accordance with established rules of evidence

Civil Law

-Also known as private law -Consists of the body of rules and principles that governs the rights and duties between private parties. -A law that regulates conflicts between private parties -does not include criminal law - involves lawsuits between private parties and individual/ corporations/ government -made up of contract law and tort law - it is established both through state and federal statutes and through court decisions -The looser in a civil court can't be imprisoned, even if the person cannot pay the damages assessed by the court. -The paintiff and defendant may both be found partially right and partially at fault -burden of proof is "preponderance of the evidence"/"more likely than not" -either party may appeal in a civil case

Evidence

-In a lawsuit, evidence is presented to prove or disprove claims examples: Testimony, writings, objects, or things, Health record

Jurisdiction

-It is the authority by which courts and judicial officers may hear and decide a case. -Authority include personal jurisdiction (Parties involved), subject matter jurisdiction (Question at issue) - Jurisdiction of federal courts: Cases brought before a federal court must involve either a.Federal question jurisdiction The case involves the U.S. constitution, federal statute, rule, or regulation b. Diversity jurisdiction Case involving both Citizens of different states and Amount in controversy more than $75,000 Federal judge applies state law - Jurisdiction of state court: maintain courts of general jurisdiction, meaning that subject matter is not limited. However, state's court system may establish courts with special focus:Family courts and probate courts, Criminal courts, Small claims

Tort Law

-encompasses rights and duties that exist between parties that are independent of contracts (not involving contracts) -e.g negligence law including medical malpractice defamation invasion of privacy

Spoliation

-issue related to e-discovery -wrongful destruction or material alternation of evidence or the failure to preserve property or data for another's use as evidence in pending

Res judicata

-means a thing or matter settled by judgement -comes into play after all appeals exhausted -Once a court renders a final decision, the parties cannot bring another action on the same claim - It differs from stare decisis that res judicata applies only to the parties and issues in a lawsuit, stare decisis applies to future decisions involving different parties with similar issues.

conflict laws

-refers to an inconsistency between different jurisdictions over the same issue in a legal action

common law

-source of law (decisions of courts) -judge made law -it is formed when a court, attempting to resolve a dispute, renders a decision -in reaching decision, courts may interpret relevant constitutional provisions, federal or state statutes, regulations, and/or previous court decisions

Deposition

-testimony under oath outside the court room

List the steps of a civil lawsuit.

1.Complaint 2.Discovery 3.Pretrial conference 4.Trial 5.Appeal 6.Satisfying the judgment

Which statement is associated with a criminal trial? A.Only the defendant may appeal a guilty verdict in a criminal case. B.Each defendant is initially assigned a court-appointed lawyer. C.State and federal statutes establish civil laws (or private laws). D.The burden of proof is on the defendant named in the case.

A. Only the defendant may appeal a guilty verdict in a criminal case.

In mediation, a neutral third party assist both sides of a dispute in resolving their differences and reducing their resolution in writing. A. True B. False

A. True

Private law is sometimes referred to as civil law because it is concerned with private rights and remedies. A. True B. False

A. True

Satisfying the judgment is when the winning party is paid A. True B. False

A. True

Which is associated with the Fifth Amendment of the Constitution? A.Accused person may not be compelled to testify against himself. B.Guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause." C.Guarantees a speedy public trial for criminal offenses. D.Forbids excessive bail or fines, and cruel and unusual punishment.

A.Accused person may not be compelled to testify against himself.

According to the Constitution, which branch has been granted the power to establish lower federal courts? A.Congress B.House of Representatives C.Senate D.Supreme Court

A.Congress

Methods of dispute resolution to resolve conflicts and disagreements are called alternative dispute resolution. A.True B. False

A.True

Res judicata is a doctrine that courts are subject to, and it means: A.a matter [already] judged. B.to let the decision stand. C.let the master answer. D.utmost good faith.

A.a matter [already] judged.

Rules of evidence cover what is considered both pertinent and proper for use by a jury and a judge in reaching a decision, and such evidence is considered _____. A.admissible B.hearsay C.spoliation D.worthy

A.admissible

Health records are considered _____ when the business record exception rule applies. A.admissible as evidence B.circumstantial evidence C.excluded as evidence D.not admissible as evidence

A.admissible as evidence

The U.S. Constitution can be modified with _____. A.amendments B.majority Senate vote C.popular culture D.presidential order

A.amendments

Personal jurisdiction refers to: A.authority over parties involved. B.locations where trials are conducted. C.authority over questions at issue. D.locations where trial parties reside.

A.authority over parties involved

Which allows a healthcare record to be admitted into evidence? A.business record exception B.deposition exception C.evidentiary exception D.expert witness exception

A.business record exception

Healthcare records are considered hearsay evidence because _____. A.entries are not made under oath at the time they were documented B.providers who documented in the record cannot be called as witnesses C.there is a potential for tampering of healthcare records by the provider D.they are business records and, therefore, not admissible into a court of law

A.entries are not made under oath at the time they were documented

Tort law is followed in criminal law cases. A. True B. False

B. False

Cases that have subject matter jurisdiction and that are limited by the U.S. Constitution and statute have _____ jurisdiction. A.Diversity B.Federal question C.general D.supreme

B.Federal question

Which constitutional amendment prohibits double jeopardy? A.First B.Fifth C.Second D.Sixth

B.Fifth

Which describes the doctrine of res judicata? A.Appeals to a court decision are prohibited, and a plaintiff would be required to stand before the Supreme Court. B.Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action. C.Parties of a lawsuit have the option of bringing a subsequent action raising the same claim or demand. D.Plaintiff can re-prosecute the defendant if a valid final judgment was administered by the court.

B.Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.

The questions presented to a party used to gather evidence are part of a(n): A.Deposition. B.Interrogatory. C.Mental examination. D.Request for admission.

B.Interrogatory.

Which statement is associated with civil law? A.Defendants who do not pay court-assessed damages are imprisoned. B.It is an area of law and justice that attempts to settle disputes among individuals. C.Its body of law involves the state versus individuals and relies on statutory law. D.Either plaintiff or defendant can be found partially right or wrong, but not both.

B.It is an area of law and justice that attempts to settle disputes among individuals.

The first 10 amendments to the U.S. Constitution are called _____. A.Judicial Declarations B.The Bill of Rights C.Executive Orders D.Titles of Nobility

B.The Bill of Rights

Under stare decisis, _____. A.U.S. Courts of Appeal are bound by trial court decisions of U.S. district courts in other jurisdictions B.U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area C.U.S. Supreme Court is bound by decisions of all U.S. courts of appeal within different jurisdictions D.U.S. Supreme Court is obligated to follow precedent, regardless of decisions in Courts of Appeal or district courts

B.U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area

Diversity jurisdiction is specific to: A.authority over the question at issue that resulted in a case. B.citizens of different states as well as the federal courts. C.general jurisdiction, which does not limit subject matter. D.state citizens where amounts in controversy are over $75,000.

B.citizens of different states as well as the federal courts.

The jurisdiction for medical malpractice cases: A.always falls to state courts. B.could be either state or federal. C.depends on the defendant's citizenship. D.is dependent on the plaintiff's citizenship.

B.could be either state or federal

Common law (also called case law or precedent) is a source of law that is derived from: A.a single document that contains all laws. B.court decisions. C.popular culture. D.federal rules and regulations.

B.court decisions.

The person being sued by plaintiff is called the _____. A.court clerk B.defendant C.judge D.plaintiff

B.defendant

The phrase conflict of laws originated from situations where: A.a competent authority, such as a legislature, establishes legal rules. B.differing jurisdictions were inconsistent about the same legal issue. C.excessive fines and excessive bail were imposed by judges. D.judgments passed by some judges became other significant sources of law.

B.differing jurisdictions were inconsistent about the same legal issue.

Tort law _____. A.defines what constitutes a misdemeanor or a felony B.encompasses the rights and duties that exist between parties that are independent of a contract C.governs various forms of ownership, including real property and personal property D.is concerned with an agreement between two or more parties that creates an obligation to act or refrain from acting in exchange for some type of consideration

B.encompasses the rights and duties that exist between parties that are independent of a contract

Which is presented to a court or jury as proof of the facts in issue and that may include the testimony of witnesses, records, documents, or objects? A.court order B.evidence C.litigation response plan D.show cause order

B.evidence

The authority by which courts and judicial officers may hear and decide a case is called _____. A.authority B.jurisdiction C.mediation D.sovereignty

B.jurisdiction

Under which jurisdiction is the following categorized: most issues involving the regulation of trades and professions. A.federal courts B.state courts C.special D.supplemental

B.state courts

Stare decisis is Latin for: A.a matter [already] judged. B.to let the decision stand. C.let the master answer. D.utmost good faith.

B.to let the decision stand.

Which statement is associated with criminal law? A.The defendant is always the state or federal government. B.Only the plaintiff may appeal a decision. C.Punishment may be a fine or imprisonment. D.Federal statutes alone establish criminal law.

C. Punishment may be a fine or imprisonment.

The person who initiates a lawsuit is the _____. A.Attorney B.Defendant C.Plaintiff D.Surrogate

C.Plaintiff

Out-of-court statements offered to prove the truth of the matter asserted is/are called _____, A.depositions B.electronic communications C.hearsay evidence D.testimony

C.hearsay evidence

The health record become admissible to court after: A.a subpoena duces tecum has been issued/processed. B.it is retrieved under court order, signed by a judge. C.meeting foundation and trustworthiness requirements. D.the patient signs an authorization to release information.

C.meeting foundation and trustworthiness requirements.

Under civil law, the burden of proof is described as a _____. A.determination to be met by the presiding judge at the trial B.meeting of the minds where at least two persons or entities must reach an agreement C.preponderance of the evidence, which is defined as "more likely than not" D.requirement that something be proven beyond a reasonable doubt

C.preponderance of the evidence, which is defined as "more likely than not"

Separation of powers as it pertains to the branches of federal government is in place: A.as a way to increase the number of jobs created in the country. B.if the president is unable to fulfill his duties and responsibilities. C.so that no one particular branch overpowers the other branches. D.to prevent any interaction between factions of political parties.

C.so that no one particular branch overpowers the other branches.

When parties to a dispute come together to present evidence in court, the formal setting with authority to adjudicate claims or disputes is called a bench or jury _____. A.appellate proceeding B.hearing C.trial D.warrant

C.trial

Which is associated with the First Amendment of the U.S. Constitution? A.Establishes rules for indictment by grand jury and eminent domain, protects right to due process, and prohibits self-incrimination and double jeopardy. B.Limits the powers of the federal government to those delegated to it by the U.S. Constitution. C.Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. D.Protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government.

D.Protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government.

When records are modified or destroyed, it is referred to as: A.Destruction. B.Non-native format. C.Non-preservation. D.Spoliation.

D.Spoliation.

The government's separation of powers include _____. A.division of power that allows one branch to dominate another when deemed necessary B.judicial, legislative and congressional branches headed by Congress C.a provision that each branch may exercise powers involving other branches D.a system of checks and balances that is referred to as the separation of powers

D.a system of checks and balances that is referred to as the separation of powers

The burden of proof is "beyond a reasonable doubt" during a _____ trial? A.civil B.conflict C.contract D.criminal

D.criminal

Electronically stored information (ESI) includes all forms of electronic data, and it is the principal subject matter for _____. A.acquisition of digital media B.computer database management C.early case assessment D.electronic discovery

D.electronic discovery

The stages through which a lawsuit passes is called the _____ process. A.appeal B.complaint C.interrogatory D.legal

D.legal

In deciding a dispute, the court or judicial branch _____. A.applies laws that were enacted by a majority vote only B.considers irrelevant statutes and unconstitutional provisions C.does not have the authority to settle disputes D.may apply the doctrines of stare decisis and res judicata

D.may apply the doctrines of stare decisis and res judicata

Which subcategory of criminal law defines specific offenses? A.misdemeanor B.procedural c.statute D.substantive

D.substantive

Criminal law is subdivided into _____ categories. A.felony and misdemeanor B.procedural and administrative C.ordinal and substantive D.substantive and procedural

D.substantive and procedural

The plaintiff is always the state or federal government in _____ law. A.contract B.Civil c.criminal D.private

c. criminal