HPM310 EXAM WITH
COMPLETE SOLUTION
Separation of Powers - Answer the division of authority among legislative, executive,
and judicial branches of government, at both the federal and state levels (aka checks
and balances)
Common Law - Answer the body of legal principles and precedents that were
established by courts in a particular jurisdiction, modified by those courts over time,
and subject to change by those courts in the future
Charitable Immunity - Answer nonprofit hospitals could not be held liable for negligence
Statutes - Answer laws enacted by legislatures; these have the power to change
statutes by adopting an amendment or by repealing the old statutes and enacting new,
different statutes. Statutes take precedence over a rule of the common law
Rulemaking - Answer the procedure by which administrative agencies propose and
adopt regulations to implement a statute enacted by the legislature
Adjudication - Answer the procedure by which administrative agencies decide cases
that involve a specific party, such as whether to revoke a license or impose an
administrative penalty
Exhaustion of administrative remedies - Answer the doctrine that a person opposed to a
specific action of an agency must go through that agency's review process before
challenging the agency in court
Federalism - Answer the relationship between federal and state governments, in which
the powers of each level of government are subject to constitutional principles
Supremacy Clause - Answer federal laws take precedence over state laws
10th Amendment - Answer all rights not granted to federal government are the rights of
the state
Criminal Law - Answer legal prohibitions and penalties for wrongs against society as a
whole, even if the wrong harms an individual member of that society
Civil Law - Answer these legal rules cover the private rights and obligations of specific
parties, as in contracts, torts, or some violations of statutes
File - Answer get document into hands of clerk's office
Serve - Answer get document into hands of opposing party
Contract - Answer a voluntary agreement between two or more parties that meets the
, requirements for a binding and legally enforceable obligation
Tort - Answer a civil wrong committed by one person against another for violation of a
legal duty other than a contract between the parties
Trial Court (lower courts) - Answer the court that hears a case first and determines the
facts, before any appeal to a higher court
Appellate Court (higher courts) - Answer a court that hears appeals from decisions of
lower courts; has the power to affirm, reverse, or modify the decisions of those lower
courts, to call a retrial by lower court, and may establish legal precedents that are
binding on the lower courts in a particular jurisdiction
Diversity Jurisdiction - Answer the authority of a federal court to hear a court case on
the ground that the parties are diverse in citizenship (e.g. citizens of different states),
even if the case does not arise under a federal statute or protect a constitutional right
Police power - Answer the authority of state government to protect public health, safety,
and welfare
Certificate-of-need (CON) laws - Answer state laws that prohibit development of new
healthcare facilities and services unless officials determine that the proposed facilities
and services are needed and meet other criteria in statutes or regulations.
Conditional spending power - Answer the authority of congress to impose conditions on
the use of federal funds it provides to state government.
Preempts - Answer the effect of a federal law that supersedes a contrary provision of
state law.
Adversary system - Answer both parties are able to represent their positions before an
impartial judge
Discovery - Answer the procedure for pretrial exchange of information in a civil lawsuit,
in which each party may compel the disclosure of information from another party
Complaint - Answer the document that sets forth the plaintiff's allegations and requests
particular types of legal relief
Summons - Answer the document that notifies the defendant about the suit and the
deadline for the defendant to respond
Answer - Answer the document that sets forth the defendant's response to the
complaint
Motion - Answer an oral or written request for a particular action from the court
Denial - Answer Admit, Deny, DKI in the Answer with regards to the facts presented in
the Complaint
COMPLETE SOLUTION
Separation of Powers - Answer the division of authority among legislative, executive,
and judicial branches of government, at both the federal and state levels (aka checks
and balances)
Common Law - Answer the body of legal principles and precedents that were
established by courts in a particular jurisdiction, modified by those courts over time,
and subject to change by those courts in the future
Charitable Immunity - Answer nonprofit hospitals could not be held liable for negligence
Statutes - Answer laws enacted by legislatures; these have the power to change
statutes by adopting an amendment or by repealing the old statutes and enacting new,
different statutes. Statutes take precedence over a rule of the common law
Rulemaking - Answer the procedure by which administrative agencies propose and
adopt regulations to implement a statute enacted by the legislature
Adjudication - Answer the procedure by which administrative agencies decide cases
that involve a specific party, such as whether to revoke a license or impose an
administrative penalty
Exhaustion of administrative remedies - Answer the doctrine that a person opposed to a
specific action of an agency must go through that agency's review process before
challenging the agency in court
Federalism - Answer the relationship between federal and state governments, in which
the powers of each level of government are subject to constitutional principles
Supremacy Clause - Answer federal laws take precedence over state laws
10th Amendment - Answer all rights not granted to federal government are the rights of
the state
Criminal Law - Answer legal prohibitions and penalties for wrongs against society as a
whole, even if the wrong harms an individual member of that society
Civil Law - Answer these legal rules cover the private rights and obligations of specific
parties, as in contracts, torts, or some violations of statutes
File - Answer get document into hands of clerk's office
Serve - Answer get document into hands of opposing party
Contract - Answer a voluntary agreement between two or more parties that meets the
, requirements for a binding and legally enforceable obligation
Tort - Answer a civil wrong committed by one person against another for violation of a
legal duty other than a contract between the parties
Trial Court (lower courts) - Answer the court that hears a case first and determines the
facts, before any appeal to a higher court
Appellate Court (higher courts) - Answer a court that hears appeals from decisions of
lower courts; has the power to affirm, reverse, or modify the decisions of those lower
courts, to call a retrial by lower court, and may establish legal precedents that are
binding on the lower courts in a particular jurisdiction
Diversity Jurisdiction - Answer the authority of a federal court to hear a court case on
the ground that the parties are diverse in citizenship (e.g. citizens of different states),
even if the case does not arise under a federal statute or protect a constitutional right
Police power - Answer the authority of state government to protect public health, safety,
and welfare
Certificate-of-need (CON) laws - Answer state laws that prohibit development of new
healthcare facilities and services unless officials determine that the proposed facilities
and services are needed and meet other criteria in statutes or regulations.
Conditional spending power - Answer the authority of congress to impose conditions on
the use of federal funds it provides to state government.
Preempts - Answer the effect of a federal law that supersedes a contrary provision of
state law.
Adversary system - Answer both parties are able to represent their positions before an
impartial judge
Discovery - Answer the procedure for pretrial exchange of information in a civil lawsuit,
in which each party may compel the disclosure of information from another party
Complaint - Answer the document that sets forth the plaintiff's allegations and requests
particular types of legal relief
Summons - Answer the document that notifies the defendant about the suit and the
deadline for the defendant to respond
Answer - Answer the document that sets forth the defendant's response to the
complaint
Motion - Answer an oral or written request for a particular action from the court
Denial - Answer Admit, Deny, DKI in the Answer with regards to the facts presented in
the Complaint
