MEDICAL JURISPRUDENCE EXAM
WITH 235 QUESTIONS AND CORRECT
ANSWERS RATED A+ ALREADY
VERIFIED
First level appellate court
Court that hears appeals
- federally, this is the us court of appeals
- state, this is superior and commonwealth courts
Highest court
Federally, this is the supreme court
state, it is also called the supreme court
Constitution, statutory law, common law
(the book has regulatory as a 4th)
The 3 sources of law are:
Statutory law
- specifically regulations and administrative law
State medical boards are what kind of law?
Stare decisis
Literally means let the decision stand
- means that courts will abide by prior decisions
Private law
Also known as civil law, concerns differences or problems between individuals
- torts, contract, property, inheritance, family, and corporate law
Torts
,Wrongful acts for which an injured party has the right to sue for compensation
- two types unintentional vs intentional
Federalism
A form of government in which power is divided between the federal (national)
government and the states
- issues that affect the entire country vs state specific issues
51 (one federal and 50 state)
How many legal systems are there in the us?
State laws
Are medical licensing and regulations state or federal laws?
Executive, legislative, judicial
The three branches of federal government are:
Provide checks and balances, making sure that no one branch has more power than
the others
Purpose of the three branches of federal government as a whole is to
Executive branch
Potus, cabinet, agencies
- administers and enforces the laws
Legistlative branch
House and senate
- the lawmaking body
Judicial branch
Us supreme court, court of appeals, us district courts, special courts, international
trade and court of federal claims
- interprets laws
General jurisdiction trial courts
,Courts that hear any civil or criminal cases that have not been assigned to a special
court
- federally, these are us district courts
- state, these are small claims court and court of common pleas
Contract law
Provides remedies if promises are not fulfilled
Public law
Law that concerns the government and individuals
- criminal, administrative, constitutional, and international law
Unintentional tort
Negligence, professional negligence (malpractice), and negligent misrepresentation
Duty, breach, causation, and damages
The 4 elements of a negligence action are:
Negligence
Failure to perform an expected duty or failure to perform that duty in a reasonable
manner
Professional negligence
Also called malpractice
- when a healthcare professional has a duty to act but fails to follow generally
acceptable standards of practice, leading to harm of a patient
Negligence misrepresentation
Fault-based theories
- when someone makes a statement (knowing that it's false or neglecting to verify
it) and it turns out to be untrue, leading to harm due to reliance on that statement
Intentional tort
, A wrongful act knowingly committed
- assault, battery, false imprisonment, invasion of privacy, fraud
Battery
Procedures done without consent are under which type of intentional tort?
- this type of tort requires actual bodily harm or unlawful touching to occur
Assault
For this type of intentional tort, it is sufficient for the patient to just fear that he or
she will be hurt or has an "imminent apprehension of bodily harm"
Slander
Oral defamation of character is called
Libel
A written defamation of a person's character, reputation, business, or property
rights.
Embezzlement
A form of fraud where there is illegal appropriation of property by a person who
was entrusted with its possession
Document (can be written or oral) that includes offer, acceptance, consideration,
and meeting of the minds
What is a contract?
Quasi contract
Court-imposed obligation to prevent unjust enrichment in the absence of a contract
Patient abandonment
Terminating the relationship with the patient without giving reasonable notice or
providing a competent replacement, resulting in a lack of necessary medical care
- form of contract breach and negligence
A letter from the physician that indicates the date his or her services will be
terminated
WITH 235 QUESTIONS AND CORRECT
ANSWERS RATED A+ ALREADY
VERIFIED
First level appellate court
Court that hears appeals
- federally, this is the us court of appeals
- state, this is superior and commonwealth courts
Highest court
Federally, this is the supreme court
state, it is also called the supreme court
Constitution, statutory law, common law
(the book has regulatory as a 4th)
The 3 sources of law are:
Statutory law
- specifically regulations and administrative law
State medical boards are what kind of law?
Stare decisis
Literally means let the decision stand
- means that courts will abide by prior decisions
Private law
Also known as civil law, concerns differences or problems between individuals
- torts, contract, property, inheritance, family, and corporate law
Torts
,Wrongful acts for which an injured party has the right to sue for compensation
- two types unintentional vs intentional
Federalism
A form of government in which power is divided between the federal (national)
government and the states
- issues that affect the entire country vs state specific issues
51 (one federal and 50 state)
How many legal systems are there in the us?
State laws
Are medical licensing and regulations state or federal laws?
Executive, legislative, judicial
The three branches of federal government are:
Provide checks and balances, making sure that no one branch has more power than
the others
Purpose of the three branches of federal government as a whole is to
Executive branch
Potus, cabinet, agencies
- administers and enforces the laws
Legistlative branch
House and senate
- the lawmaking body
Judicial branch
Us supreme court, court of appeals, us district courts, special courts, international
trade and court of federal claims
- interprets laws
General jurisdiction trial courts
,Courts that hear any civil or criminal cases that have not been assigned to a special
court
- federally, these are us district courts
- state, these are small claims court and court of common pleas
Contract law
Provides remedies if promises are not fulfilled
Public law
Law that concerns the government and individuals
- criminal, administrative, constitutional, and international law
Unintentional tort
Negligence, professional negligence (malpractice), and negligent misrepresentation
Duty, breach, causation, and damages
The 4 elements of a negligence action are:
Negligence
Failure to perform an expected duty or failure to perform that duty in a reasonable
manner
Professional negligence
Also called malpractice
- when a healthcare professional has a duty to act but fails to follow generally
acceptable standards of practice, leading to harm of a patient
Negligence misrepresentation
Fault-based theories
- when someone makes a statement (knowing that it's false or neglecting to verify
it) and it turns out to be untrue, leading to harm due to reliance on that statement
Intentional tort
, A wrongful act knowingly committed
- assault, battery, false imprisonment, invasion of privacy, fraud
Battery
Procedures done without consent are under which type of intentional tort?
- this type of tort requires actual bodily harm or unlawful touching to occur
Assault
For this type of intentional tort, it is sufficient for the patient to just fear that he or
she will be hurt or has an "imminent apprehension of bodily harm"
Slander
Oral defamation of character is called
Libel
A written defamation of a person's character, reputation, business, or property
rights.
Embezzlement
A form of fraud where there is illegal appropriation of property by a person who
was entrusted with its possession
Document (can be written or oral) that includes offer, acceptance, consideration,
and meeting of the minds
What is a contract?
Quasi contract
Court-imposed obligation to prevent unjust enrichment in the absence of a contract
Patient abandonment
Terminating the relationship with the patient without giving reasonable notice or
providing a competent replacement, resulting in a lack of necessary medical care
- form of contract breach and negligence
A letter from the physician that indicates the date his or her services will be
terminated
