HCM 388 FINAL EXAM - QUESTIONS WITH
ANSWERS VERIFIED 100% CORRECT
Checks & Balances - ✔✔the principle of government under which separate branches are
empowered to prevent actions by other branches and are induced to share power. EX.
Impeach/convict, appoint, veto, override, interpret or rule unconstitutional, amend law, change
regulations
nominate, confirm - ✔✔President can ________ federal judges, but senate must
___________
impeachment and trial process - ✔✔Congress can remove high-ranking federal personnel
(ex. President & judges) through
declare laws unconstitutional - ✔✔Judiciary can
congressional bills, 2/3s votes - ✔✔President can veto ___________ _____, but congress can
override with _____ ____
Common law - ✔✔the body of law based on custom and judicial precedents, as distinct from
statutory law; its historical roots are the traditional laws of England
Natural law - ✔✔the idea that there exists a body of moral principles common to all persons
and recognize by reason alone.
Positive law - ✔✔the formal legal enactments of a particular society
Law - ✔✔a system of standards to govern the conduct of people in an organization, a
community, a society, or a nation
,ACA - ✔✔the health reform law enacted by congress in 2010; full name: Patient Protection
and ____
Public law - ✔✔concerns the government and its relations with individuals and businesses.
Regulates and enforces rights in which the government has an interest (ex. Labor relations,
taxation, antitrust, environmental regulation, criminal prosecution).
Principle Sources of Public Law - ✔✔written constitutions (both state and federal); statutory
enactments by a legislative body (federal, state, or local); administrative rules and regulations;
judicial decisions.
Private law - ✔✔refers to the rules and principles that define and regulate rights and duties
among persons. Compromises the law of contracts, property, and tort, all of which usually
concern relationships between private parties.
Legislative, Executive, Judicial - ✔✔Branches of government
legislature; legislative branch - ✔✔The _____________(congress) has the power to enact
statues (write laws)
executive branch - ✔✔The __________ _____ has the power to enforce the laws
Judiciary; Judicial Branch - ✔✔The ________ has the power to interpret laws
Due process (of law) - ✔✔a fundamental principle of fairness in legal matters, both civil and
criminal; the requirement that all legal procedures set by statute and court practice be followed
so that no unjust treatment results
Statutes - ✔✔positive law enacted by legislative body
, Administrative law - ✔✔a type of public law that deals with government agencies;
determines the organization, powers, and duties of administrative authorities.
Stare decisis - ✔✔the principle that a court must respect decisions of high courts on a settled
legal issue appliable to the instant case
Writ of certiorari - ✔✔an order from a higher court to a lower court, requesting that the
record of a case be sent up for review
Arbitration - ✔✔an extrajudicial hearing sometimes used in medical liability cases to avoid a
court trial and conducted by a person or a panel of people who are not necessarily judges
Substantive law - ✔✔the types of law that creates and defines rights and duties.
Procedural law - ✔✔provides the specific processes for enforcing and protecting rights
granted by substantive law.
Discovery - ✔✔device used to identify prospective defendants or witnesses or to uncover
other important evidence
Deposition - ✔✔most common and effective discovery; whereby a party subpoenas a
witness to testify under oath before a court reporter who transcribes the testimony
Written interrogatories - ✔✔like deposition, however, questions are written
Inspection and copying of documents - ✔✔(relevant to healthcare cases) party may request
to inspect and copy documents, inspect tangible items in the possession of the opposing party,
enter and inspect land under the control of the opposing party, or inspect and copy items
produced by a witness served with a subpoena duces tecum.
ANSWERS VERIFIED 100% CORRECT
Checks & Balances - ✔✔the principle of government under which separate branches are
empowered to prevent actions by other branches and are induced to share power. EX.
Impeach/convict, appoint, veto, override, interpret or rule unconstitutional, amend law, change
regulations
nominate, confirm - ✔✔President can ________ federal judges, but senate must
___________
impeachment and trial process - ✔✔Congress can remove high-ranking federal personnel
(ex. President & judges) through
declare laws unconstitutional - ✔✔Judiciary can
congressional bills, 2/3s votes - ✔✔President can veto ___________ _____, but congress can
override with _____ ____
Common law - ✔✔the body of law based on custom and judicial precedents, as distinct from
statutory law; its historical roots are the traditional laws of England
Natural law - ✔✔the idea that there exists a body of moral principles common to all persons
and recognize by reason alone.
Positive law - ✔✔the formal legal enactments of a particular society
Law - ✔✔a system of standards to govern the conduct of people in an organization, a
community, a society, or a nation
,ACA - ✔✔the health reform law enacted by congress in 2010; full name: Patient Protection
and ____
Public law - ✔✔concerns the government and its relations with individuals and businesses.
Regulates and enforces rights in which the government has an interest (ex. Labor relations,
taxation, antitrust, environmental regulation, criminal prosecution).
Principle Sources of Public Law - ✔✔written constitutions (both state and federal); statutory
enactments by a legislative body (federal, state, or local); administrative rules and regulations;
judicial decisions.
Private law - ✔✔refers to the rules and principles that define and regulate rights and duties
among persons. Compromises the law of contracts, property, and tort, all of which usually
concern relationships between private parties.
Legislative, Executive, Judicial - ✔✔Branches of government
legislature; legislative branch - ✔✔The _____________(congress) has the power to enact
statues (write laws)
executive branch - ✔✔The __________ _____ has the power to enforce the laws
Judiciary; Judicial Branch - ✔✔The ________ has the power to interpret laws
Due process (of law) - ✔✔a fundamental principle of fairness in legal matters, both civil and
criminal; the requirement that all legal procedures set by statute and court practice be followed
so that no unjust treatment results
Statutes - ✔✔positive law enacted by legislative body
, Administrative law - ✔✔a type of public law that deals with government agencies;
determines the organization, powers, and duties of administrative authorities.
Stare decisis - ✔✔the principle that a court must respect decisions of high courts on a settled
legal issue appliable to the instant case
Writ of certiorari - ✔✔an order from a higher court to a lower court, requesting that the
record of a case be sent up for review
Arbitration - ✔✔an extrajudicial hearing sometimes used in medical liability cases to avoid a
court trial and conducted by a person or a panel of people who are not necessarily judges
Substantive law - ✔✔the types of law that creates and defines rights and duties.
Procedural law - ✔✔provides the specific processes for enforcing and protecting rights
granted by substantive law.
Discovery - ✔✔device used to identify prospective defendants or witnesses or to uncover
other important evidence
Deposition - ✔✔most common and effective discovery; whereby a party subpoenas a
witness to testify under oath before a court reporter who transcribes the testimony
Written interrogatories - ✔✔like deposition, however, questions are written
Inspection and copying of documents - ✔✔(relevant to healthcare cases) party may request
to inspect and copy documents, inspect tangible items in the possession of the opposing party,
enter and inspect land under the control of the opposing party, or inspect and copy items
produced by a witness served with a subpoena duces tecum.
