BUL 4602 Final Exam Study Guide
Tortfeasor
A person or entity that commits a violation causing damage or injury to another person
Which of the following is required for a promissory estoppel?
A reasonable person would have relied on the promise
If an offer does not stipulate an expiration period, how long does the offer remain open?
A reasonable time
Patent
A set of rights granted by the federal government to an inventor that provides the inventor with the exclusive ability to make, use, and sell an invention
Emergency
A situation that poses an immediate risk to health, life, property, or environment
Product liability is a concept in tort law that is generally considered to be _____.
A strict liability tort
Although Wilmington was deemed to be a quasi-public institution, which law was created to deem this argument moot?
EMTALA
Economist's usual assumptions about the competitive free market do not apply to medical care due to a phenomenon referred to as the _____ between patients and doctors.
Informational inequality
Which of the following is a question a writer might ask when analyzing a fact pattern for its applicable legal issue?
What legal rule is most applicable to the presented scenario?
Law is concerned with right and wrong. Ethics is concerned with which of the following?
What we should or should not do
Misappropriation
Where one discloses a trade secret or uses a trade secret where the trade secret was obtained improperly
Courts generally consider the adequacy of _____.
Consideration
The price paid for a promise is _____.
Consideration
A legally enforceable promise is known as a ______.
Contract
Prohibiting a musician from playing another musician's music without consent is a protection provided by a _____.
Copyright
What symbol is this?
Copyright
What is the term used to describe when proprietary hospitals profit by concentrating on providing the most profitable services to the best-paying patients?
Cream-skimming
A promise not to perform something that the individual could legally do is considered legal _____.
Detriment
More than 70% of all expenditures for personal health care are the result of decisions of the _____.
Doctor
When was the False Claims Act (FCA) enacted?
During the Civil War
Proof of negligence requires what?
Duty, causation, and damages
What is the purpose of compensatory damages?
To make the victim whole
The concept of _____ means that a person must meet standards of conduct to protect others from risk.
Duty
How long are design patents valid?
14 years
When was Stark Law enacted?
1989
How long are utility patents valid?
20 years
How long can trade secret protection last?
20 years
Trademark
A distinctive word, name, symbol, or device that is not functional itself and works to identify a particular good or service
Mutual assent
Agreement between two parties to form a contract
Prior art
All public information that might be germane to an applicant's claim of novelty
Contingent fee
Assures equal access to the judicial system
If a tortfeasor knows with substantial certainty that certain consequences will result from his or her act, the tort he or she is liable for is _____.
An intentional tort
Assault
Causing the apprehension of a harmful or offensive contact with a person's body
Tort
Civil wrongful act
Damages
Compensation for loss or injury
_____ is following a treatment regimen as prescribed or taking the correct doses at the right time of day.
Compliance
What is the term used to describe a shared set of understanding about what is correct ethical behavior and how ethical issues will be handled?
Ethical climate
Whoever knowingly accepts a kickback either directly or indirectly may be subject to _____.
Exclusion from federal healthcare programs 5 years imprisonment Up to $25,000 fine
Which term best describes when parieties assent to the terms of the contract by means of words, writing, or some other model of expression?
Expressed contracts
Breach (Contract)
Failure to uphold contracted agreement
True or false: The Anti-Kickback statute is regulated by CMS
False
Proof of respondeat superior requires what elements?
Harm must be physical in nature to either the person or property Tortuous action must be within the scope of employment The tortfeasor must be acting as an employee
Battery
Harmful or offensive touching
Application of apparent authority is not typical in many torts that occur in the business setting; However, courts use it in _____.
Healthcare
Which of the following would demonstrate that an alternative design could NOT have been used?
If it is proved that all foreseeable risks of harm posed by the product could have been reduced
Bloodborne pathogens
Infectious microorganisms in human blood that can cause disease in humans
Quantum meruit
Implied in law
In an action for negligence, if the plaintiff proves that the defendant has had a duty of care, a breach of that duty, and causation, he/she will still have to prove _____.
Injury
Causation
Injury would not have happened "but for" the breach of duty
Which of the following is a category of tort law?
Intentional torts, strict liability, and negligence
In the conclusion portion of an IRAC analysis, the writer provides an answer to which section of the IRAC?
Issue
What does the acronym IRAC stand for?
Issue, Rule, Application, Conclusion
What is the term used to describe when two parties contribute to the single accident or event causing injury under negligent action?
Joint tortfeasors
Liability
Legally accountable for damages of an action or inaction
Strict liability
Liability without wrongful conduct
What was the Stark Law initially designed to do?
Limit or reduce the number of self-referrals
Acceptance is effective at the time it is dispatched under the _____.
Mailbox rule
What is OSHA an acronym for?
Occupational Safety and Health Administration
Which of the following has developed from more and more manufacturers creating more types of products?
Negligence law
What is the term used to describe a healthcare entity that has a legal obligation to invest all profits back into the organization and contribute a benefit to the community, while enjoying a reprieve from state and federal taxes on income and property?
Not-for-profit
Which of the following elements are required to form a contract?
Offer, acceptance, and consideration
The person to whom the offer is addressed is the _____.
Offeree
What is the term used to describe a shared set of values that have been reflected on and articulated by the members of a cooperative group and have been accepted by them as normative for the organization?
Organizational culture
Stark laws classify all of the following as designated health services
Outpatient prescriptions, medical equipment, and physical therapy (NOT hospice care)
Stark law defines a financial relationship as including _____.
Ownership, investment interest, bona fide (NOT kickbacks)
Breach (Tort)
Party fails to take steps that care requires, leading to damages suffered
Jed invents a self-walking dog leash, and his neighbor watched through the window as Jed invented this leash. Jed would need to file which of the following to protect his invention from copying?
Patent
If a promisor decides not to perform on the promise, even after the other party has acted in good faith in reliance on the promise, the damaged party may recover under the doctrine of _____.
Promissory estoppel
Which of the following doctrines requires that a promisor live up to its promises?
Promissory estoppel
Abnormally dangerous activities are reviewed under _____.
Strict liability
Damages that serve as punishment because the breach was malicious are considered _____ damages.
Punitive
Exemplary damages are another term for _____ damages.
Punitive
A remedy used to avoid the unjust enrichment of one party at the expense of another is which of the following?
Quantum meruit
The belief that everyone has a minimum level of knowledge is the basis of which standard?
Reasonable person
Mental distress
Requires outrageous conduct
Which of the following presumptions means "the thing that speaks for itself"?
Res ipsa loquitur
Ostensible agency is also known as _____.
Respondeat superior
When one party to a contract seeks remedy from the court to undo a contract, returning the party to a pr3e-contract position, what is the remedy sought?
Restitution
Recovery against a healthcare institution under apparent authority is _____.
Secondary liability
What can healthcare facilities do to limit risk?
Seek an advisory opinion from the Office of the Inspector General
In strict liability, any retailer, wholesaler, or manufacturer is strictly liable if it _____.
Sells an unreasonably dangerous product
Hazard
Source of danger, health risk
If the terms of an offer are considered illegal, the offer is considered which of the following?
Terminated by operation of law
Patent infringement
The act of making, using, selling, or offering to sell a patented invention or importing into the United States a product covered by a claim of a patent without the permission of the patent owner
Consideration
The central requirement for a contract
Many healthcare organizations were previously exempt from liability under _____.
The charitable immune doctrine
Copyright
The exclusive right granted to the author of an original work, including literary, dramatic, musical, artistic, and certain other intellectual works to reproduce for a set period
Duty
The legal responsibility owed to another
For an offer to be valid, which of the following must occur?
The offer must contain reasonable terms
Patent deed
The official document provided by the PTO indicating that a patent has been granted
What is the definition of Universal Precautions?
The practice of avoiding contact with patients' bodily fluids, by means of the wearing of nonporous articles such as medical gloves, goggles, and face shields
Respondeat superior
The responsibility of the superior for the acts of their subordinate ("Let the master answer")
Distinctiveness of the holder's mark is needed to establish _____ infringement.
Trademark
What symbol is this?
Trademark
True or false: Employers are required to render first aid to injured employees
True
Accident
Unexpected or undesired event
Trade secret
Valuable information used in a commercial enterprise and not known to the public
For a jury to decide if an offer is valid, which of the following does the jury consider?
What a reasonable person would consider about the facts of the offer
Apparent authority
a situation where a reasonable third party would understand that an agent had authority to act
