FST 210

What does the Latin term res ipsa loquitur mean?

"The thing speaks for itself" (pg 106)

For a federal court to hear a case based on "diversity of citizenship," what must the dollar amount exceed?

$ 75,000 (pg 33)

In which of the following situations might a person successfully sue a government agency?

(pg 112)

Placing a remotely operated hidden camera above the neighbor's hot tub would be considered which type of crime?

(pg 124)

The requirement for a police officer to read a person their "rights" under the Miranda rule is an example of which type of law?

(pg 13)

The Uniform Commercial Code generally applies to contracts for which of the following?

(pg 136)

The ability of someone to bind a legal entity in a contract is referred to as:

(pg 139)

To restore both parties of a contract to a position prior to the contract being formed is called what?

(pg 150)

What is it called when both parties agree to resolve a contract dispute with another agreement?

(pg 153)

To ensure that PHI is protected, covered entities must designate which of the following positions under the HIPAA Privacy Rule?

(pg 168)

Lawsuits to enforce trademark rights are usually heard in which courts?

(pg 227 )

In general, which of the following are not protected by US copyright laws?

(pg 229)

In general, enforcement of patents is usually considered a:

(pg 231)

What does GINA protect employees against?

(pg 277)

OSHA regulations apply to which of the following?

(pg 288)

To be considered an "exempted" employee, the individual must receive a salary based at a rate of not less than per week.

(pg 300)

The Taft-Hartley Act of 1947 made it illegal to do which of the following union actions?

(pg 367)

The laws that define the emergency lighting and sirens used by fire, police, and ambulances are outlined in which of the following places?

(pg 397)

The Environmental Protection Agency 40 CFR 61.145 addresses which building material to be removed prior to demolition?

(pg 417)

Based on common law, which of the following statements is correct? A man is guilty of rape if he has forced intercourse with another man. A husband is not guilty of rape if he forces his wife to have intercourse. A woman is guilty of rape if she has forced sexual relations with another woman.

(pg 59)

If EMT Smith asks EMT Jones to steal drugs from a storage room but EMT Jones instead alerts a supervisor, EMT Smith could be charged with which of the following?

(pg 62)

Fire fighters who observe another fire fighter removing items from a house fire and placing them in their personal vehicle and do not report the act could be considered which of the following? Participants Accomplices Attributors

(pg 63)

In legal terms, an emergency worker entering a property is considered a/an:

(pg 94)

How many sections (titles) are there in the Civil Rights Act of 1964?

11 sections (pg 238)

How long must an employee work for a covered employer to be covered by the benefits of the Family Medical Leave Act?

12 months (pg 308)

According to FLSA, what is the minimum age for non-agricultural employment?

14 (pg 305)

For how long are design patents valid?

14 years (pg 231)

In the year that the OSH Act was passed, how many workers died in job-related accidents?

14,000 (pg 288)

Title VII applies to private employers, state and local governments, and educational institutions that employ or more individuals.

15 (pg 239)

Employment rules under the ADA apply to a company that employs or more employees each working day, in each of or more calendar weeks.

15; 20 (pg 259)

Generally, what is the minimum legal age to enter a contract?

18 (pg 141)

If an employee feels that he or she has been discriminated against, the employee must file a complaint with the EEOC within of the date when the discrimination occurred.

180 days (pg 257)

In what year was the International Association of Firefighters (IAFF) formed?

1918 (pg 355)

In what year was the Committee for Industrial Organization (CIO) formed?

1935 (pg 354)

In Congress passed the National Labor Relations Act to "protect the rights of employees and employers".

1935 (pg 355)

The original Fair Labor Standards Act was written in what year?

1938 (pg 299)

In what year was the Electronic Communications Privacy Act (ECPA) passed, protecting the public from illegal wiretaps on phones and computers by the government?

1986 (pg 214)

In what year was the Civil Rights Act of 1964 updated in regards to compensatory and punitive damages?

1991 (257)

In what year was "911" standardized across the United States in the Wireless Communications and Public Safety Act?

1999 (pg 402)

According to CSA regulations, all records related to controlled substances must be maintained for at least years.

2 (pg 197)

Provisions of the ADEA apply to employers who employ or more employees.

20 (pg 267)

How many states have OSHA-approved state plans in which both private and public sector employers are covered?

21 (pg 289)

In the first half of 2012, it is estimated that of all US ambulance services had questionable billing practices when dealing with Medicare.

21% (pg 185)

Under 42CFR 413.65, if a patient is within of a hospital property, the hospital has an EMTALA obligation to evaluate and, if necessary, stabilize the patent.

250 yards (pg 187)

Article _______ of the Constitution describes the relationship between the states and the federal government

4 (Basic 2)

The Age Discrimination in Employment Act of 1967 makes it illegal for an employer to discriminate against a person who is year old or older.

40 (pg 267)

A bariatric patient is one who weighs or more pounds.

400 (pg 265)

According to Bureau of Justice statistics from 2015, of offenders returned to jail within one year of release.

43% (pg 52)

In 2003, President Bush issued HSPD with the goal of establishing a single comprehensive approach to domestic incident management.

5 (pg 405)

Fire fighters are entitled to overtime if they work over hours per week, averaged over the work period.

53 (pg 304)

How long must PHI be tracked by the covered entity when there has been an unauthorized disclosure of PHI?

6 years (pg 173)

Disaster Medical Assistance Teams (DMATs) are designed to set up and operate without external support for how long?

72 hours (pg 397)

How soon must OSHA be notified if a death takes place in the workplace or three or more workers are injured and are required to go to a hospital?

8 hours )pg 291_

On average, of all criminal convictions result from negotiated pleas.

90% (pg 41)

How many judicial districts are there in the federal court system?

94 (pg 91)

An appeal of a verdict must be based on which of the following?

A mistake or error of law occurring during the trial (pg 38)

What is an "eggshell plaintiff"?

A person with thin skin (pg 85)

At its simplest, what is a contract?

A promise between parties (pg 136)

Under 42 CFR 410.40(b), what is the classification of an ambulance service that provides at least three medications intravenously and has the ability to place a central venous line?

ALS:2 (pg 183)

John _________: Vice President under Washington; also second President of the United States

Adams (Basic 2)

What is often referred to as the fourth branch of government?

Administrative agencies (pg 10)

If the owner of a business refused to allow a fire inspection by the fire department, which type of warrant should the inspector obtain prior to inspecting the building?

Administrative warrant (pg 414)

A "living will" or a "do not resuscitate order" are examples of what type of document?

Advance directive (pg 175)

What programs have cities used to correct past discriminatory actions when hiring new employees?

Affirmative action programs (pg 256)

A person who has a physical or mental impairment that substantially limits one or more life activities is protected under which federal law?

Americans with Disabilities Act of 1990 (pg 258)

Inflating ambulance mileage or trying to receive reimbursement at the ALS rate for a BLS call is addressed in which statute of 42 U.S.C 1320a-7b?

Anti-kickback Statue (pg 185)

The Supreme Court is the highest court of _______ in the United States

Appeals

What is the process of contract resolution called that involves the use of an external agent to hear the case but the agent's decision is binding to both parties?

Arbitration (pg 153)

In which of the following "alternative dispute resolution" processes is the judgement considered final and enforceable?

Arbitration (pg 43)

During a medical call, a husband throws a punch at you, the EMT, but misses. This act is witnessed by a police officer. The husband could be charged with which of the following crimes?

Assault on an EMT (pg 58)

For a party to have a contract voided under the "unconscionability" defense of the UCC, when must the terms of the contract be determined to be unfair?

At the time of the contract formation (pg 147)

If a driver sues another person for injuries received from a car accident, but the defendant can prove that the plaintiff was not wearing a seatbelt (which contributed to the injuries), the defendant might be able to seek mitigation of damages under which argument?

Avoidable consequences (pg 117)

A person who intentionally grabs another person by the neck without permission could have committed which of the following crimes?

Battery (pg 58)

If a patient refuses treatment such as an IV, but the EMT attempts to start an IV without the patient's consent, the EMT has committed which type of act?

Battery (pg 91)

For a physical ability test to be allowable as part of the hiring process, it must meet which of the following conditions?

Be job-specific and verifiable (pg 379)

A person who trespasses in another person's home and removes a computer that is not theirs can be charged with which of the following crimes?

Burglary (pg 57)

Most open meeting laws require that any voting taking place by elected officials be conducted by which of the following methods?

By voice or a showing of hands, so attendees know how officials voted (pg 207)

The National Institute for Occupational Safety and Health (NIOSH) is a federal agency and operates within which of these agencies?

Centers for Disease Control and Prevention (pg 293)

The president is the ________ in chief of the U.S. Army and Navy

Commander

Under which type of "law" are citizens protected from illegal searches and seizures?

Constitutional law (pg 9)

Under which type of "law"are citizens protected from illegal searches and seizures?

Constitutional laws (pg 9)

If the owner of a business refuses to allow a fire inspection and at a later time a fire occurs and injures employees and patrons, what liability could the owner be exposed to?

Criminal charges Civil damages (pg 416)

In which of the following situations would the use of deadly force not be a reasonable or justifiable course of action?

Defending your business or property during a riot (pg 86)

What are the 13 original colonies?

Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, and Rhode Island

The Family Medical Leave Act is overseen by which federal agency?

Department of Labor (pg 310)

For what action would a union member exercise their Weingarten rights?

Disciplinary issue (pg 365)

During which phase of a civil lawsuit could a fire fighter be involved in providing a deposition of an event in which they participated?

Discovery (pg 35)

If an incident commander makes the decision to fight a fire defensively, and this decision results in the home burning down, the homeowner cannot sue the fire department because of which of the following acts?

Discretionary act given that the IC has discretion in making a decision (pg 112)

If an employer "intentionally discriminates against a person based on gender or race", under Title VII they have committed which type of discrimination?

Disparate treatment (pg 242)

At which step in the criminal complaint process would a person enter a plea of "guilty" or "not guilty"?

During the arraignment (pg 40)

The use of guardrails around moving equipment is an example of which type of control feature?

Engineering control (pg 291)

Title VII of the Civil Rights Act is enforced by which government agency/commission?

Equal Employment Opportunity Commission (pg 239)

Evidence of a crime that was obtained in an unlawful manner could be removed from the prosecutor's case due to which of the following rules?

Exclusionary rule (pg 66)

Under which branch of government do administrative agencies fall?

Executive (pg 10)

Both parties entering a contract should do which of the following prior to signing the contract?

Exercise due diligence to verify the person making the contract has authority to do so (pg 140)

If an EMT asks a patient permission to touch and provide medical assistance and the patient agrees, the patient has given which type of consent?

Expressed consent (pg 64)

The Equal Pay Act was actually part of which of the following federal laws?

Fair Labor Standards Act of 1938 (pg 276)

In general, most fire brigade members are trained to use which of the following methods of fire suppression?

Fire extinguishers (pg 30)

Some states have laws that protect fire fighters from negative employment actions such as paying a fire fighter during an investigation or protecting against the use of polygraph tests; these laws are known as what?

Fire fighter bill of rights (pg 320)

If a problem or issue comes to light in a collective bargaining agreement that is not spelled out specifically, what often becomes the basis of how that issue is resolved?

Following past practice for the area of concern (pg 364)

How many subchapters/titles does the Americans with Disabilities Act have?

Four (pg 259)

How many elements are there to a contract?

Four or Five? (Not 2 or 6) (pg 137)

A person who sells a set of tools to another person when the tools were not theirs to sell could be charged with which of the following crimes?

Fraud (pg 57)

If an external event, not foreseen by either party of a contract, occurs that destroys the purpose of the contract, the duties of the contract can be discharged by which of the following reasons?

Frustration of purpose (pg 149)

Benjamin Franklin attended the Constitutional Convention as _________ of Pennsylvania

Governor (Basic 2)

The Ryan White CARE Act was written to address the need to assist individuals living with which specific illness?

HIV/AIDS (pg 298)

A fire fighter who invents a new forcible entry tool should do which of the following to protect his or her invention?

Have it patented (pg 231)

What does a "spring" provision in an advance directive mean for Mr. Smith?

In the event of a catastrophic event, Mr. Smith gives a specified person the ability to make healthcare decisions for Mr. Smith. (pg 181)

Generally, how long is a federally registered trademark protected?

Indefinitely (pg 227)

We celebrate the 4th of July because it is ________________ day

Independence

A fire department that has trained members who respond to emergencies at a specific plant or site is considered which type of organization?

Industrial fire department (pg 30)

The Candidate Physical Ability Test (CPAT) was developed by a joint task force between the International Association of Firefighters (IAFF) and the:

International Association of Fire Chiefs. (pg 380)

In most states, a fire chief has which of the following statutory requirements as the chief?

Investigate all fires in the jurisdiction and determine cause and origin. (pg 409)

Can one person record a private conversation with another person without the other person's permission or knowledge?

It depends on state law and the purpose of the recording. (pg 217)

Does communication between an EMT/paramedic and patient have the same legal status as communication between a doctor and a patient?

It depends on the state law where the paramedic is practicing emergency care. (pg 175)

For a public employee to be terminated, the employer must show which of the following?

Just cause (pg 368)

If a person shoplifts an item valued under $300 from a store, he or she could be charged with which type of crime?

Larceny (pg 56)

If a homeowner intentionally sets his or her house on fire and does not give consent to the fire department to enter the home, the fire department can still extinguish the fire based on which of the following arguments?

Legal obligation to act (pg 92)

What are the different branches of the federal government?

Legislative, executive, and judicial (pg 3)

How long is a product protected by the copyright law if it was produced after January 1, 1978?

Life of the author plus 70 years (pg 228)

If negotiations reach an impasse, a private sector employer could do which of the following?

Lock the employees out of the plant/facility (pg 368)

What is the process of contract resolution called when it involves the use of an external agent to hear the case, but this agent has no authority to force a specific resolution?

Mediation (pg 153)

Military force made up of civilians called upon during special emergencies; today would be called the National Guard

Militia

If a fire fighter failed to correctly perform an act during a rescue incident, he or she could be held liable for which type of negligence?

Misfeasance (pg 93)

A person who acts with "malice aforethought" in taking the life of another human being could be charged with which of the following crimes?

Murder (pg 55)

The USERRA states that the employee must meet which of the following criteria?

Must have received an honorable discharge (pg 279)

The agency responsible for investigating fire fighter fatalities is the, and it is part of.

National Institute for Occupational Safety and Health; the CDC (pg 11)

If an employer hires as an EMT a person who has been convicted of theft, and while on duty the EMT is caught stealing from a person's purse, what could the employer be found guilty of?

Negligent hiring (pg 344)

An employer who ignores ongoing physical violence in the workplace could be found guilty and liable for which of the following?

Negligent supervision (pg 344)

An ambulance provider that fails to train its EMTs in OSHA's Bloodborne Pathogens protocols could be held liable for which of the following?

Negligent training (pg 344)

In which state is the Insurance Services Office (ISO) based?

New Jersey (pg 409)

If an untrained person observes another person having a heart attack, that person is required to do which of the following?

Nothing (pg 93)

Most open records laws require which of the following prior to a public meeting?

Notification to the public of an upcoming meeting with an agenda (pg 207)

How does OSHA use the NFPA standards to protect fire fighters in the workplace?

OSHA utilizes the "general duty clause" to use standards and findings to protect fire fighters. (pg 293)

If an employer is fined by OSHA for a workplace violation, who can the employer appeal the fine to and request a hearing from?

Occupational Safety and Health Review Commission (pg 293)

Under which of the following situations might a contract be void or unenforceable?

One party takes advantage of another who is under economic duress. (pg 141)

Under the ADA, when is it acceptable to require a medical screening as part of the hiring process?

Only after a job offer has been extended (378)

When a pregnant employee seeks accommodation, which of the following must be made available to her?

Only those accommodations provided by the employer to other similarly situated employees (pg 276)

In a civil lawsuit, which party files the complaint with the court?

Plaintiff (pg 33)

In a civil case, which party is responsible for providing the "burden of proof"?

Plaintiff (pg 37)

Entering a private residence or commandeering private property in specific circumstances are examples of which of the following?

Police powers (pg 408)

How is membership in the House of Representatives determined?

Population of each state (pg 3)

Who is the chief executive of the executive branch of the federal government?

President of the United States (pg 4)

Given the fact that fire fighters have a higher risk of cancer and cardiac problems, many states have enacted which type of laws that will allow fire fighters access to workers' compensation benefits?

Presumptive legislation (pg 319)

What does "chattel" mean?

Private property (pg 88)

Information and communication between a doctor and a patient or between a husband and a wife are considered which type of communication by law?

Privileged communication (pg 174)

Generally speaking, the law uses which of the following standards to determine whether a duty was breached during an emergency?

Reasonable and prudent person standard (pg 105)

For the author of a written document to have the ability to sue another person for copyright infringement, what must be in place?

Registration of the product with the copyright office (pg 228)

Which of the following amendments is included in the Bill of Rights?

Right to keep and bear arms (pg 6)

A person who commits larceny by force could be charged with which of the following crimes?

Robbery (pg 57)

Under the statue of frauds, which of the following agreements must be in writing to be valid?

Sale of real property (pg 138)

Substances (medications) that have a high potential for abuse, such as Demerol or Percocet, are considered:

Schedule II substances. (pg 196)

At which step in the criminal court proceeding does a convicted criminal find out what their punishment will be?

Sentencing (pg 42)

Facebook, LinkedIn, and Twitter are considered which of the following?

Social networking websites or tools (pg 218)

The doctrine of following decisions made in similar court cases and rulings is known as:

Stare decisis, or "let the decision stand". (pg 14)

Each state has a "court of last resort" which is the highest court in each state. In most cases, this court is referenced as what?

State Supreme Court (pg 33)

At which level are public employee safety and health laws typically written and enforced?

State level (pg 395)

To which type of law does the "plain meaning rule" apply?

Statutory law (pg 9)

Who is the chief executive officer in a state?

The Governor (pg 8)

Which of the following statement is correct concerning the scope of the Supreme Court?

The Supreme has authority to resolve issues between two or more states (pg 4)

Which of the following is considered the cornerstone of our federal system?

The US Constitution (pg 2)

Under what circumstances could a covered entity withhold an individual's PHI to a legally authorized person or representative?

The covered entity has reasonable belief that the representative is abusing the individual. (pg 173)

In terms of respondeat superior, if the employee was acting on a "frolic," what does that mean to the supervisor?

The employee was operating outside department policy. (pg 337)

Which of the following is an example of the concept of "checks and balances" in regards to the branches of the federal government?

The legislative branch overriding a presidential veto of a bill (pg 5)

In the case of minor children, who does HIPAA consider to be the personal representative for the child?

The parents (pg 173)

How are state judges appointed or selected?

The process varies from state to state; there is no set method. (pg 33)

What are Garrity rights?

The right of an employee not to self-incriminate, but not appear to be insubordinate (pg 365)

How long are payroll records to be maintained by an employer?

Three years (pg 307)

Public accommodations and services are covered under which subchapter/title of the ADA?

Title III (pg 265)

Candidate testing for new hires must meet which of the following laws?

Title VII of the Civil Rights Act (pg 378)

What does it mean to "exhaust all remedies" when dealing with a government administrative agency?

To have completed all necessary and required paperwork to resolve a dispute (pg 12)

As an EMT, you respond to a car accident involving a 68-year-old male with a broken leg. His wife informs you that he has a DNR—what should you do?

Treat the patient as per local protocols for his injuries and transport. (pg 181)

During which phase of criminal proceedings would the court hear "closing arguments and jury instructions"?

Trial (pg 41)

Article _________ of the Constitution tells how the Executive Branch of government should work.

Two

How many persons must witness the "wasting" of a controlled substance?

Two persons (pg 199)

What is the statute of limitations on filing a lawsuit for alleged unlawful compensation practices under the Equal Pay Act of 1963?

Two years (pg 277)

The Health Insurance Portability and Accountability Act was drafted and implemented by which federal agency?

US Department of Health and Human Services (pg 164)

In the federal regulation 23 CFR 634, emergency workers operating within the right-of-way on a highway supported with federal funds are required to do which of the following?

Wear a high-visibility safety vest (pg 407)

HIPAA requires which of the following for all entities following the Privacy Rule?

Written privacy policies and procedures that follow the Privacy Rule (pg 168)

A requirement by an employer for its employees to live within the service area of the agency is considered to be:

a residency requirement. (pg 376)

Nike's "swoosh" or McDonald's "golden arches" are both examples of:

a trademark. (pg 226)

If one party reasonably believes that an individual is acting with the authority of a legal entity, the individual is said to have authority.

apparent (pg 140)

For a fire investigator to investigate a fire without a warrant, he or she must do so:

at the end of the extinguishment and overhaul process. (pg 67)

A trial that is heard only by a judge is called a trial.

bench (pg 36)

Fire and EMS departments develop a/an that is used in developing public support and is vital in their relationship with stakeholders.

brand (pg 218)

Failure of either party to fulfill a contract is considered a/an:

breach of contract. (pg 148)

In general, copyright infringement is usually considered a:

civil matter. (pg 228)

If a city contracts with a manufacturer to build an ambulance but during the course of the contract the manufacturer passes the contract on to another party, this is referred to as:

delegation of duties. (pg 154)

OSHA 301 Incident Report forms are required to be retained for a period of years after the end of the calendar year that the records cover.

five (pg 212)

For a military member to seek a previous position at a former employer, he or she must meet criteria as determined in the USERRA.

five (pg 278)

For negligence to legally occur, elements must exist, which are:

four; duty owed, breach of duty, causation, and damages. (pg 93)

In legal terms, a customer entering a retail store is known as a/an:

invitee. (pg 94)

For a person to refuse medical treatment, he or she must also have capacity to refuse assistance.

legal (pg 90)

Some contracts contain a/an clause that spells out what the damages will be in the event of a contract breach.

liquidated damages (pg 150)

A federal case that has already been settled on its own is considered:

moot. (pg 33)

The is the party that initiates a lawsuit and the is the party that has caused the harm.

plaintiff; defendant (pg 31)

Media recorded during an emergency by a public employee on a helmet or phone camera should be:

protected as possible evidence in future litigations. (pg 216)

The US Constitution and our form of government is technically considered a:

republic (pg 7)

Under the ADA "transitory" exception rule, impairment must have duration of or less.

six months (pg 259)

A crime or other social offense that does not require a "specific mental state" is considered:

strict liability. (pg 54)

The first amendments to the Constitution are often referred to as the "Bill of Rights".

ten (pg 6)

A/an is a civil wrong that occurs when a person, entity, or group harms another person, entity, or group.

tort (pg 84)

A is any word, name, symbol, device, or combination thereof used to identify and distinguish goods from those manufactured or sold by others.

trademark (pg 225)

The statute of limitations for filing a complaint with the DOL for a violation of the FLMA is:

two years or three years if there was a willful violation of the FLMA. (pg 312)

A is a legal document that tells the probate court who should receive which property upon a person's death.

will (pg 328)

Most public agencies require a/an request for public documents and require to process the request.

written; a fee (pg 209)