MICHIGAN OPTOMETRY JURISPRUDENCE
CERTIFICATION PREP ACTUAL TEST WITH
VERIFIED SOLUTIONS 100 PERCENT
CORRECT
⩥ Regulations.
Answer: Rules adopted by administrative agencies (e.g Centers for
Medicare and Medicaid Services, Alabama Board of Optometry) to
implement statutes
⩥ Common Law (Case Law).
Answer: Law derived from court cases
⩥ Positive Law.
Answer: What is actually written down in statutes and regulations
⩥ Applied Law.
Answer: Courts' interpretation of the positive law
⩥ Contract Law.
Answer: Duty is created by mutual (private) agreement between the
parties
,May be expressly written down, may be agreed to orally, or may be
implied by a course of conduct
⩥ Tort Law.
Answer: Duty is imposed by law, without regard to whether there is a
specific agreement between the parties as to that duty
Duty to not act negligently, recklessly, or (intentionally) wrongfully
May be imposed by statute or regulation, or by (judge-made) common
law
⩥ Offer
Acceptance
Consideration
Reliance.
Answer: What are the key elements of a contract?
⩥ Offer.
Answer: Doctor holds himself/herself out for treatment of patients
⩥ Acceptance.
Answer: Patient agrees to be treated by doctor
⩥ Consideration.
, Answer: Patient agrees (usually) to pay doctor (or get doctor paid by
insurance)
⩥ Reliance.
Answer: Patient relies on doctor's commitment to treat
⩥ Curbside Consult.
Answer: Where doctor informally seeks advice of another doctor which
does not ordinarily create a doctor-patient relationship with the second
doctor
⩥ On Call Status.
Answer: Where doctor is on-call for hospital emergency department,
relationship may be more easily found because doctor is "holding out"
himself/herself for availability to treat patients
⩥ EMTALA (Emergency Medical Treatment and Active Labor Act).
Answer: Applies where patient presents to hospital in emergency
condition or active labor
Hospital has duty to (a) provide "appropriate screening" and (b) stabilize
patient before any transfer
Doctor on call has similar duties (within scope of practice) - no private
right of action against doctors, but government can impose penalties for
violation
CERTIFICATION PREP ACTUAL TEST WITH
VERIFIED SOLUTIONS 100 PERCENT
CORRECT
⩥ Regulations.
Answer: Rules adopted by administrative agencies (e.g Centers for
Medicare and Medicaid Services, Alabama Board of Optometry) to
implement statutes
⩥ Common Law (Case Law).
Answer: Law derived from court cases
⩥ Positive Law.
Answer: What is actually written down in statutes and regulations
⩥ Applied Law.
Answer: Courts' interpretation of the positive law
⩥ Contract Law.
Answer: Duty is created by mutual (private) agreement between the
parties
,May be expressly written down, may be agreed to orally, or may be
implied by a course of conduct
⩥ Tort Law.
Answer: Duty is imposed by law, without regard to whether there is a
specific agreement between the parties as to that duty
Duty to not act negligently, recklessly, or (intentionally) wrongfully
May be imposed by statute or regulation, or by (judge-made) common
law
⩥ Offer
Acceptance
Consideration
Reliance.
Answer: What are the key elements of a contract?
⩥ Offer.
Answer: Doctor holds himself/herself out for treatment of patients
⩥ Acceptance.
Answer: Patient agrees to be treated by doctor
⩥ Consideration.
, Answer: Patient agrees (usually) to pay doctor (or get doctor paid by
insurance)
⩥ Reliance.
Answer: Patient relies on doctor's commitment to treat
⩥ Curbside Consult.
Answer: Where doctor informally seeks advice of another doctor which
does not ordinarily create a doctor-patient relationship with the second
doctor
⩥ On Call Status.
Answer: Where doctor is on-call for hospital emergency department,
relationship may be more easily found because doctor is "holding out"
himself/herself for availability to treat patients
⩥ EMTALA (Emergency Medical Treatment and Active Labor Act).
Answer: Applies where patient presents to hospital in emergency
condition or active labor
Hospital has duty to (a) provide "appropriate screening" and (b) stabilize
patient before any transfer
Doctor on call has similar duties (within scope of practice) - no private
right of action against doctors, but government can impose penalties for
violation
