Chapter 3/The Legal System in the United States

One or more advantage(s) of medication over utilizing the court system to resolve a dispute is(are)... Time savings Cost savings Increased privacy All of the above

ALL OF THE ABOVE

This type of law consists of rules and regulations, issued by agencies that implement statutory law: Common law Statutory law Administrative law Constitutional law

Administrative law

One or more advantage(s) of artibtration over utilizing the court system to resolve a dispute is (are) _____. Time savings Cost savings Increased privacy All of the above.

All of the above.

A medical malpractice case is submitted to a third party rather than being resolved in the court system. The third party makes a final decision regarding the case. This process is... Mediation Alternative dispute resolution Deeming authority Arbitration

Arbitration

The US Congress follows which of the following models? Bicameral Bifurcated Unicameral Unilateral

Bicameral

The collection of federal statutes is found in a(n) _____. Compendium Code Atlas Collection

Code

The authority of The Joint Commission is most equivalent to that of the... Commission on Accreditation of Rehabilitation Facilities Code of Federal Regulations Court of Claims Constitutions of the 50 states

Commission on Accreditation of Rehabilitation Facilities

Law based upon judicial decision is called _____. Statutory law Public law Common law Administrative law

Common law

A lawsuit is brought against a government in a(n) Appellate court Trial court Supreme court Court of claims

Court of claims

The party that presents evidence to disprove or disprove wrongdoing is the... Plaintiff Defendant Legislative branch Judge

Defendant

The Centers for Disease Control and Prevention is located in the US... Department of health and human services Department of health National institutes of health Health resources and services administration

Department of health and human services

An opinion is the written argument of one of the parties in a lawsuit. True False

FALSE

Healthcare accrediting bodies are seen as having little authority because they do not have the legal authority of laws. True False

FALSE

In mediation, a third party makes a final decision about a dispute between parties. True False

FALSE

The US Congress is a unicameral model. True False

FALSE

Administrative law is created by court decisions. True False

False

Private law defines rights and duties between individuals and the government. True False

False

Statues are enacted by administrative agencies. True False

False

The United States Code is a compilation of federal court decisions. True False

False

Deeming authority has been granted by the US Department of Health and Human Services to the... Conditions of Participation Healthcare Facilities Accreditation Program US Supreme Court Office of the Inspector General

Healthcare Facilities Accreditation Program

What is also known as case law? Constitutional law Judicial Law Statutory Law Criminal Law

Judicial Law

A federal court has legal control over cases involving federal statues. This legal control is referred to as... Jurisdiction Precedent Power Stare Decisis

Jurisdiction

Under the concept of stare decisis... Higher courts look to lower courts Courts look to courts of the same tier in other states Courts can only look to the US Supreme Court Lower courts look to higher courts

Lower courts look to higher courts

One restriction involving diversity jurisdiction is... The amount in controversy cannot exceed $40,000 The case must relate to the US Constitution No plaintiff can be from the same state as any of the defendants The parties must have first attempted arbitration

No plaintiff can be from the same state as any of the defendants

A medical malpractice appeal brought by Carol Dutt against Mercy Hospital has just concluded. The court reached a decision in favor of Mercy Hospital. The court's written determination that outlined the facts of the case and the legal theories followed to reach its outcome is a(n) Oral argument Opinion Synopsis Argument

Opinion

Which type of law, public or private, applies to the enforcement of Medicare regulations against a hospital for non-compliance? Public Private Public, but only if the hospital is a public hospital Private, but only if the hospital is a private hospital

Public

Criminal law is a type of... Civil law Private law Public law Administrative law

Public law

This legal doctrine limits excessive litigation by prohibiting subsequent lawsuits about the same matters and involving the same parties once a decision has been made and all appeals have been exhausted Separation of powers Res judicata General Jurisdiction Writ of certiorari

Res judicata

A legislative act passed by Congress is an example of... Common law Criminal law Statutory law Administrative law C and D

Statutory law

The United States Code is ... Administrative law Common law Statutory law Judicial law

Statutory law

Appellate courts hear appeals on final judgments of trial court decisions. True False

TRUE

Diversity jurisdiction enables parties from different states to engage in a lawsuit in federal court. True False

TRUE

Federally, ultimate executive branch power rests with the president. True False

TRUE

Healthcare is regulated at both the federal and state levels of government. True False

TRUE

Judicial disputes may arise from constitutional challenges to existing laws. True False

TRUE

Jurisdiction is a territory of legal control. True False

TRUE

A legal matter was tried at the district court level and appealed to a federal appellate court. The case is now being appealed to the United States Supreme Court. Which of the following statements is the most correct? The US Supreme Court will likely grant cert and accept this case for oral argument. The US Supreme Court will likely deny cert and decline this case for oral argument. The US Supreme Court, if it accepts the case, will conduct a trial on the matters involved. This case is a matter of state law.

The US Supreme Court will likely deny cert and decline this case for oral argument.

Which of the following is the lowest court in the tiered structure of the state court system in nearly every state? Trial Court Appellate Court Supreme Court None of the above

Trial Court

Appellate courts hear appeals on final judgments of... Supreme Court decisions Trial court decisions Federal courts None of the above

Trial court decisions

Persuasive authority occurs when a court looks to another court's decision for guidance, even if it is not required to do so. True False

True