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
