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Ch. 6 Law For HealthProfessional Student Answered

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Chapter 6: Law for Health Professionals Antonia Robles

Name:__________________

TRUE/FALSE
Indicate whether the statement is true or false.

T 1. Probate court simplifies and expedites the handling of small claims or debts.
____

T 2. An expert witness is a specially trained person who can testify in a court of law as to
____
what the professional standard of care is in the same or similar circumstances.

F 3. A misdemeanor is a serious crime that includes murder, assault, or larceny.


____

T 4. A prosecuting attorney or a grand jury may file a charge against a person committing a
____
crime.

T 5. Each branch of government in the United States provides a system of checks and
____
balances for the other two.

T 6. Common law is also called judge-made law or case law.


____

F 7. The U.S. Supreme Court directs the action of only the federal courts.
____

T 8. The state Superior Court has general jurisdiction in all types of civil and criminal cases.
____

T 9. A case may be tried before a judge or a judge and jury.


____

T 10. An expert witness should never say “I don’t know.” He or she should give his or her
____
opinion.

MULTIPLE CHOICE
Identify the choice that best completes the statement or answers the question.

b 11. The highest source of law for a U.S. citizen is:


____
a. contract law c. criminal law
b. constitutional law d. administrative law

a 12. The party against whom relief or recovery is sought in a lawsuit is called the:
____
a. defendant c. respondent
b. plaintiff d. felon

d 13. An example of a private or civil wrong is:


____
a. a misdemeanor c. a felony
b. a gross misdemeanor d. negligence

b 14. If a person is found guilty in a civil case, the person will be expected to:
____
a. pay a fine or serve a jail term
b. pay assessed monetary damages
c. have a hearing before an appropriate board
d. serve “community time”

b 15. The provider’s professional liability is subject to which branch of law?


____
a. Criminal law c. Administrative law
b. Civil law d. Constitutional law

c 16. The Drug Enforcement Administration is subject to which branch of law?


____
a. Criminal law c. Administrative law
b. Civil law d. Constitutional law

d 17. Not hiring a medical assistant because she is black is subject to which branch of law?
____
a. Criminal law c. Administrative law
b. Civil law d. Constitutional law

a 18. Stealing a car is subject to which branch of law?


____
a. Criminal law c. Administrative law
b. Civil law d. Constitutional law

c 19. The purpose of the statute of limitations is to decide:


____
a. a maximum monetary award for clients to collect from providers guilty of negligence
b. limitations on the practice of referrals by providers
c. a period of time or a deadline for initiating legal action
d. limitations on the number of surgeries providers can perform

a 20. Which of the following statements about criminal law is true?


____
a. A case is brought by a state against an individual.
b. The state files the case on behalf of the defendant.
c. The state must prove a preponderance of evidence to gain a conviction.
d. The plaintiff wins the case by default if the defendant fails to answer the subpoena.

COMPLETION
Complete each statement.
21. In a civil case, an order from the court directing an appropriate official to notify the
summon
defendant where and when to appear is called a ____________________.

Congress
22. Identify the legislative branch of the federal government: ____________________.

England
23. Common law came first from judges in France and ____________________.

plantiff
24. In a civil case, the party bringing the action is called the ____________________.

Supreme Court is the highest court in the federal court system.


25. The ____________________

26. Probate or estate court may be used when a provider decides to bring action on the
____________________
collection of an account owed by a deceased client.

Judicial branch provides the highest judicial authority.


27. The ____________________

executive
28. The president belongs to the ____________________ branch of the federal government.

statutory
29. The two basic types of law are common law and ____________________ law.

Judicial
30. The ____________________ branch of the federal government is made up of judges and
courts.

SHORT ANSWER

31. Explain the difference between a subpoena and subpoena duces tecum.
Subpoena: it is a summons from the courts or an attorney requiring a person to appear
somewhere and do something.
Subpoena duces tecum: requires that documents and records be brought to court.
32. In a criminal case, the state must prove guilt “beyond a reasonable doubt.” Explain.
In a criminal case, the prosecution must present evidence to the jury showing there is no
other viable explanation for the events than the defendant's guilt in order to establish the
defendant's guilt beyond a reasonable doubt.
33. Compare criminal and civil law. How would these laws apply to the medical assistant (MA)
working in a health-care setting?
Civil law usually deals with issues between private citizens and medical professionals or institutions so this
applies to the MA if she/he is negligent with a patient. Criminal law relates to punishments or crimes against
the law. One example of criminal law applied to the MA is practicing without a valid certification.
34. Define the term statute of limitations. Give an example of how this would affect a medical
assistant. The statute of limitations is the time frame during which a victim of medical malpractice must file a lawsuit. If a
patient suffers an injury as a result of a medical assistant performing a procedure incorrectly, the MA may be held
accountable in either a civil or criminal court, depending on the sort of negligent act or crime committed.
MATCHING
Match the definitions with their terms.

a. One who appeals a court decision to a higher court


b. The limits or territory within which authority may be exercised
c. The person or group initiating the action in litigation
d. Imposition of punishment in a criminal proceeding
e. Examination of a witness by the attorney calling the witness at a trial
f. The procedure of formally listing criminal charges against the defendant(s), which they are
expected to answer
g. The person or group accused in a court action
h. This court could remand, modify, or affirm a lower court decision
i. Findings or decision of a jury
j. Examination of a witness by an opposing attorney at a trial

j 35. Cross-examination
____
d 36. Arraignment
____
g 37. Defendant
____
____
i 38. Verdict
____
c 39. Plaintiff
____
h 40. Court of appeals
____
f 41. Sentencing
a 42. Appellant
____
____
e 43. Direct examination
b 44. Jurisdiction
____

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