1
Bioethics Midterm 1 Questions with Correct
Answers | Updated (100% Correct Answers)
State and Federal Jurisdiction Answer: -Most bioethics is state
except research on human subjects
-Lots of variance in bioethics laws due to variance across states (eg.
doctor vs patient centered standards of care in different states)
Structure of the legal system Answer: -Trial, appellate, supreme
-Parallel systems of courts that have 3 levels
-Local reviews facts of case and has trials
-Appellate review whether law was properly applied
-Supreme is final arbiter about what law means/if law is
constitutionally permissible
-Most often, the Supreme Court only takes cases where there has
been division of opinion upon appellate courts/circuit splits (ie if
some appellate courts in cali ruled one way and others ruled
another), but the current court is more activist than previous courts
so not necessarily the case
Baby K Answer: -Has anencephaly- no upper brain, just brain stem,
so has no thoughts or experiences
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,2
-Baby K lived for a while after birth, had devoted mother
-Mom repeatedly brings baby K into emergency department when
baby K has trouble breathing
-Medical staff go to trial court and say we'd like you to declare that
its not illegal for us to refuse to care for baby k- because thought
what is the point, wasting resources, burden on staff, medically futile
-Trial court says staff must treat baby K- disability discrimination,
EMTALA, right of parent to choose
-appellate court agrees that staff must treat but only based their
decision on EMTALA
-baby k was in fed court bc EMTALA is federal law, appellate court
mostly only ruled on EMTALA bc that was the federal part and
didn't want to decide state laws
EMTALA Answer: -Federal statute, involved in baby K case
-can't dump patients
-If someone shows up to the ER in emergent condition, you must
treat them without regard to their ability to pay until you stabilize
them
-once stable could transport to another hospital
© 2025 All rights reserved
,3
-even if they are not insured, you must treat them and not send
them to a county hospital right away
-rooted in common law related to inn keepers who took whoever
showed up
Statutes v. Regulations Answer: -Most rules that people have to
deal with legally are not statutes (laws that were passed by
Congress)
-What many of those laws do is establish agencies
-Laws create agencies, agencies follow procedures and are allowed
to make rules in subject matter areas because members of the
legislature are not necessarily experts in all these areas- rules they
make are called regulations
-Most law is regulation in America, not statute
Chevron Answer: -Since 1980s, in a case called Chevron, courts
have tried to be modest about interpreting regulation- if there's a
question about what a regulation means, they defer to the agency
-Heads of agencies are put in by presidents, set the agenda are
appointed every time president changes, political way that agencies
pursue their goals
© 2025 All rights reserved
, 4
-When courts defer to agencies' interpretations, the courts are
giving up a certain amount of power, gives up power to executive
branch (agencies' agenda are president's agenda)
-2 cases that SCOTUS is considering now could overturn Chevron-
this would mean that authority of executive appointees will be
second-guessed often by courts
Authority of federal agencies: FDA example Answer: -The FDA has
authority on devices that deliver drugs into body (chemotherapy
drug injections, needles that deliver drugs, etc.)
-The FDA said cigarettes are a device that delivers drugs into the
human body
-Federal court sided with the tobacco industry that it the FDA did
not have authority because it was clear FDA wasn't set up to
regulate tobacco
-But, most of the time, courts defer to agencies
State v. Federal Jurisdiction: Interstate Commerce Clause Answer: -
Anything with implications for interstate commerce generally comes
under federal jurisdiction
-since the New Deal, it's been interpreted very broadly to include a
lot of activity
© 2025 All rights reserved
Bioethics Midterm 1 Questions with Correct
Answers | Updated (100% Correct Answers)
State and Federal Jurisdiction Answer: -Most bioethics is state
except research on human subjects
-Lots of variance in bioethics laws due to variance across states (eg.
doctor vs patient centered standards of care in different states)
Structure of the legal system Answer: -Trial, appellate, supreme
-Parallel systems of courts that have 3 levels
-Local reviews facts of case and has trials
-Appellate review whether law was properly applied
-Supreme is final arbiter about what law means/if law is
constitutionally permissible
-Most often, the Supreme Court only takes cases where there has
been division of opinion upon appellate courts/circuit splits (ie if
some appellate courts in cali ruled one way and others ruled
another), but the current court is more activist than previous courts
so not necessarily the case
Baby K Answer: -Has anencephaly- no upper brain, just brain stem,
so has no thoughts or experiences
© 2025 All rights reserved
,2
-Baby K lived for a while after birth, had devoted mother
-Mom repeatedly brings baby K into emergency department when
baby K has trouble breathing
-Medical staff go to trial court and say we'd like you to declare that
its not illegal for us to refuse to care for baby k- because thought
what is the point, wasting resources, burden on staff, medically futile
-Trial court says staff must treat baby K- disability discrimination,
EMTALA, right of parent to choose
-appellate court agrees that staff must treat but only based their
decision on EMTALA
-baby k was in fed court bc EMTALA is federal law, appellate court
mostly only ruled on EMTALA bc that was the federal part and
didn't want to decide state laws
EMTALA Answer: -Federal statute, involved in baby K case
-can't dump patients
-If someone shows up to the ER in emergent condition, you must
treat them without regard to their ability to pay until you stabilize
them
-once stable could transport to another hospital
© 2025 All rights reserved
,3
-even if they are not insured, you must treat them and not send
them to a county hospital right away
-rooted in common law related to inn keepers who took whoever
showed up
Statutes v. Regulations Answer: -Most rules that people have to
deal with legally are not statutes (laws that were passed by
Congress)
-What many of those laws do is establish agencies
-Laws create agencies, agencies follow procedures and are allowed
to make rules in subject matter areas because members of the
legislature are not necessarily experts in all these areas- rules they
make are called regulations
-Most law is regulation in America, not statute
Chevron Answer: -Since 1980s, in a case called Chevron, courts
have tried to be modest about interpreting regulation- if there's a
question about what a regulation means, they defer to the agency
-Heads of agencies are put in by presidents, set the agenda are
appointed every time president changes, political way that agencies
pursue their goals
© 2025 All rights reserved
, 4
-When courts defer to agencies' interpretations, the courts are
giving up a certain amount of power, gives up power to executive
branch (agencies' agenda are president's agenda)
-2 cases that SCOTUS is considering now could overturn Chevron-
this would mean that authority of executive appointees will be
second-guessed often by courts
Authority of federal agencies: FDA example Answer: -The FDA has
authority on devices that deliver drugs into body (chemotherapy
drug injections, needles that deliver drugs, etc.)
-The FDA said cigarettes are a device that delivers drugs into the
human body
-Federal court sided with the tobacco industry that it the FDA did
not have authority because it was clear FDA wasn't set up to
regulate tobacco
-But, most of the time, courts defer to agencies
State v. Federal Jurisdiction: Interstate Commerce Clause Answer: -
Anything with implications for interstate commerce generally comes
under federal jurisdiction
-since the New Deal, it's been interpreted very broadly to include a
lot of activity
© 2025 All rights reserved
