Health Law Concepts and Compliance - Ch 3

According to the Supremacy Clause when there is conflict between federal and state law what law will govern?

Federal

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is an example of health care-related __________ law.

Federal

Which of the following bodies of law does Congress oversee?

Legislative

When considering your testimony as a witness, look at both sides and see where you fit into the total picture before you get to the deposition, trial, or other hearing.

True

How many Representatives in Congress?

435

What type of law is court made and arise in part, from judges' interpretation of statutory or regulatory law?

Common

In the federal system, the trial court is referred to as the ___________.

District Court

Administrative law governs the activities of administrative agencies of government. Only federal, and not state, governments have administrative law.

False

The Constitution's first three Articles address the separation of powers, which expressly separates the federal government into three distinct branches: the executive, the representatives, and the judicial.

False

There are judicial branches of government in both the federal and state systems, but they operate very differently.

False

When you are a witness, you should give all the information you know about the case when answering a question.

False

Arbitration, agreement, and mediation are all ways in which court cases can be settled _________.

Out of Court

What phase of the lawsuit in when the jury takes the facts apply it to the law, as instructed by the judge, to decide the case.

Phase III

Toward the end of the second phase of the lawsuit when discovery is complete, before the judge declares the case is ready for trial, a _____________ is held.

Pretrial conference

The standard of proof in a civil case is preponderance of the evidence.

True

What comprises the executive branch?

The president and the president's cabinet

When a plaintiff files a medical malpractice lawsuit, the plaintiff puts their medical condition and health at issue. In doing so, how will the plaintiff's medical records be used at the trial?

They will be given to the defendant, their attorney and experts and will be discussed at trial and will likely be entered into evidence

Criminal and civil law are two major divisions in both the federal and the state court systems.

True

Health care professionals should be aware of the federal HIPAA regulations, as well as the state patient privacy regulations of the state where they work.

True

The United States Supremacy Clause supports a federalist government by ensuring that the federal government can legislate certain matters that fall under one of its enumerated powers, including interstate commerce and foreign relations.

True