Medical Jurisprudence Exam UPDATED ACTUAL Questions
and CORRECT Answers
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 Purpose of the three branches of federal government as a whole is to
branch has more power than the others
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
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 3 sources of law are:
(the book has regulatory as a 4th)
Statutory Law state medical boards are what kind of law?
- specifically regulations and administrative 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
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, What is a contract?
acceptance, consideration, and meeting of the minds
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 What should be sent to the patient to avoid patient abandonment?
her services will be terminated
and CORRECT Answers
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 Purpose of the three branches of federal government as a whole is to
branch has more power than the others
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
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 3 sources of law are:
(the book has regulatory as a 4th)
Statutory Law state medical boards are what kind of law?
- specifically regulations and administrative 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
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, What is a contract?
acceptance, consideration, and meeting of the minds
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 What should be sent to the patient to avoid patient abandonment?
her services will be terminated
