HIM2012 LAW FINAL
Trial courts in the federal system are called _____.
District
A summons is a document to start a civil action and acquire jurisdiction over a defendant.
True
In mediation, a neutral third party assist both sides of a dispute in resolving their differences and reducing their resolution in writing.
True
Methods of dispute resolution to resolve conflicts and disagreements are called alternative dispute resolution.
True
Private law is sometimes referred to as civil law because it is concerned with private rights and remedies.
True
Satisfying the judgment is when the winning party is paid.
True
The Administrative Procedure Act (APA) (P.L. 79-404) is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations.
True
Under stare decisis, _____.
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
Res judicata is a doctrine that courts are subject to, and it means:
a matter [already] judged.
Separation of powers as it pertains to the branches of federal government is in place:
so that no one particular branch overpowers the other branches.
Criminal law is subdivided into _____ categories.
substantive and procedural
Statutes are:
written by legislatures and signed by the executive branch of government.
Which is associated with the Fifth Amendment of the Constitution?
Accused person may not be compelled to testify against himself.
Article X of the Evidence Rules allows:
An exact duplicate copy to serve as evidence in lieu of an original.
The admissibility of the health record into evidence is guided by Federal:
Civil Procedure Rules of Evidence.
HIPAA is the abbreviation for the _____.
Health Insurance Portability and Accountability Act
The questions presented to a party used to gather evidence are part of a(n):
Interrogatory.
Which statement is associated with civil law?
It is an area of law and justice that attempts to settle disputes among individuals.
Which of the following is true regarding the physician-patient privilege?
It is designed to prevent forced disclosure of information by the health care provider.
When records are modified or destroyed, it is referred to as:
Spoliation.
A deposition is a
Testimony provided under oath outside of the courtroom.
Which statement is true of a supreme court, except in New York State?
The supreme court is a court of last resort.
The government's separation of powers include _____.
a system of checks and balances that is referred to as the separation of powers
GINA _____.
addresses perceived areas of discrimination in employment and insurance
Health records are considered _____ when the business record exception rule applies.
admissible as evidence
The chief executive branch of government issues executive orders that interprets _____.
and implements and/or gives administrative effect to provisions of the constitution or laws
Personal jurisdiction refers to:
authority over parties involved.
Diversity jurisdiction is specific to:
citizens of different states as well as the federal courts.
The jurisdiction for medical malpractice cases:
could be either state or federal
The legislative branch of the federal government is responsible for:
determining the need for new laws and changes to existing laws.
Tort law _____.
encompasses the rights and duties that exist between parties that are independent of a contract
Consideration is an element of contract law that refers to _____.
exchange from one party in return for performing contractual obligations
State supreme courts (except in New York State):
hear appeals from the intermediate appellate courts.
The legislative branch of government _____.
includes the Senate and the House of Representatives
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. Thus, it _____.
is considered the fundamental law of a nation or state
Public law _____.
is subdivided into administrative, constitutional and criminal law
In deciding a dispute, the court or judicial branch _____.
may apply the doctrines of stare decisis and res judicata
The health record become admissible to court after:
meeting foundation and trustworthiness requirements.
Which is the unseen information that is located in common text files, such as that which can indicate when the document was created?
metadata
A felony is defined as a crime _____.
of grave or serious nature
Under civil law, the burden of proof is described as a _____.
preponderance of the evidence, which is defined as "more likely than not"
Which of the following is associated with the Bill of Rights?
protects the rights to freedom of speech and religion.
The American Recovery and Reinvestment Act (ARRA) is a:
statute that both complements and overrides HIPAA.
Primary sources of public law include _____.
statutes and penal law
In addition to supplying the record, the person who possesses the record could be compelled to deliver it at a certain time and place if the request is accompanied by a:
subpoena duces tecum.
In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court determined that _____.
the insured had the right to proceed against the insurance company for breach of contract to determine whether it had correctly determined that patient care was not medically necessary
Stare decisis is Latin for:
to let the decision stand.
Which is an exclusion to physician-patient privilege rules?
when privilege conceals child abuse.
Spoliation of evidence occurs as a result of _____.
wrongful destruction or alteration of evidence and/or failure to preserve data
_________ can be defined as those devices or tools used by one side to obtain facts and information about the case.
Discovery
Executive orders have the effect of law after being published (in the case of the federal system) in the:
Federal Register
Which constitutional amendment prohibits double jeopardy?
Fifth
Who owns the health care record?
Owner of the storage medium
The person who initiates a lawsuit is the _____.
Plantiff
Zoning, building, or public safety ordinances are examples of laws passed at:
a local level
An electronic case filing system (ECFS) is an automated system that _____.
allows the general public to search pleadings and testimony
The U.S. Constitution can be modified with _____.
amendments
Legislative proposals are called:
bills
Diversity jurisdiction includes is a form of subject-matter jurisdiction whereby US district courts (e.g., trial courts of general jurisdiction in the federal judiciary) have the power to hear a _____ case where the parties are "diverse" in citizenship, indicating that they are citizens of different states or non-U.S. citizens.
civil
The written document that describes the grounds of jurisdiction, plaintiff's claim, and demand for relief is called the _____.
complaint
Punishment associated with _____ law may include fines and/or imprisonment.
criminal
The burden of proof is "beyond a reasonable doubt" during a _____ trial?
criminal
The person being sued is called the _____.
defendant
FRCP governs all forms of discovery performed in federal court, including seeking information that is stored electronically in any medium, which is called _____.
e-discovery
The Administrative Procedure Act (APA) governs the way in which administrative agencies of the _____ government may propose and establish regulations.
federal
Standards for human behavior are established through _____.
laws
The stages through which a lawsuit passes is called the _____ process.
legal
Quasi-legal requirements may involve which of the following?
licensure
Consensus ad idem is Latin for the element of a contract associated with _____.
meeting of the minds
Which is a letter sent by an adversary in a court case that explains the need to preserve electronic evidence?
notice of preservation
Laws passed at the local level are called _____.
ordinances
Under which jurisdiction is the following categorized: most issues involving the regulation of trades and professions.
state courts
Which subcategory of criminal law defines specific offenses?
substantive
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 _____.
trial
The answer to a complaint that is made by the defendant is called the _____.
written response
The first step of every lawsuit is the pretrial conference
False
Tort law is followed in criminal law cases.
False
Civil law is also known as case law.
False
The defendant's reply to the allegations of a lawsuit is called the _____.
Answer
The U.S. Supreme Court decides which cases to hear:
By a writ of certiorari.
From a statutory perspective, CFR is an abbreviation for _____.
Code of Federal Regulations
According to the Constitution, which branch has been granted the power to establish lower federal courts?
Congress
Which describes the doctrine of res judicata?
Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.
Which statement is associated with a criminal trial?
Only the defendant may appeal a guilty verdict in a criminal case.
An order of preservation results in _____.
Preservation of electronic data
Which statement is associated with criminal law?
Punishment may be a fine or imprisonment.
The first 10 amendments to the U.S. Constitution are called _____.
The Bill of Rights
A misdemeanor is a crime of less serious nature punishable by fine or a term of imprisonment of less than one year.
True
Common law (also called case law or precedent) is a source of law that is derived from:
court decisions.
A defendant who has been found guilty in a _____ case may appeal the verdict.
criminal
The plaintiff is always the state or federal government in _____ law.
criminal
When a party submits evidence of compliance with accrediting standards in lieu of evidence of compliance with Medicare, it is referred to as which of the following?
deeming authority
The phrase conflict of laws originated from situations where:
differing jurisdictions were inconsistent about the same legal issue.
Which is the name of the process used by the defendant (or plaintiff) to obtain facts and information about the case from the plaintiff (or defendant)?
discovery
Electronically stored information (ESI) includes all forms of electronic data, and it is the principal subject matter for _____.
electronic discovery
Cases that have subject matter jurisdiction and that are limited by the U.S. Constitution and statute have _____ jurisdiction.
federal question
Which describes the necessity for a hospital to follow its own medical staff by-laws of policy?
quasi-legal requirement
The authority by which courts and judicial officers may hear and decide a case is called _____.
jurisdiction
What term refers to the actions of a party who processes data to make efforts to prevent routine destructions and preserve electronically stored data?
litigation hold
The three main types of jurisdiction involves _____ authority.
personal, subject matter, and territorial