MIDTERM EXAMINATION
LEGAL ASPECTS of HEALTH CARE ADMINISTRATION HCA 340
TRUE/FALSE
[Chapters 1-13 inclusive]
1) Ordinary Negligence is the failure to do what a reasonably prudent person
would or would not do under extraordinary circumstances.
T F
2) A tort is a civil wrong, other than a breach of contract, committed against a person or
property for which a court provides a remedy in the form of an action for damages.
T F
m
er as
3) The four elements that are necessary for a plaintiff to recover in a negligence case are:
co
Duty; Compliance with Duty; Intent; and, Causation (Proximate Cause).
eH w
T F
o.
rs e
ou urc
4) Fraud is defined as a false oral or written communication that tends to hold a person’s
reputation up to scorn and ridicule in the eyes of a substantial number of respectable
people.
o
T F
aC s
vi y re
5) A Misdemeanor is an offense punishable by less than one (1) year in jail and/or a fine;
whereas, a Felony is a much more serious crime and is generally punishable by
imprisonment in a federal or state penitentiary for more than one (1) year.
ed d
ar stu
T F
6) The elements of a valid, enforceable contract are: An Offer; a Counteroffer or rejection;
and, a Legal Detriment or Benefit.
is
Th
T F
7) In a criminal trial, the jury verdict must be unanimous, and the standard of proof must be
beyond a reasonable doubt.
sh
T F
1
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, 8) An independent contractor is an individual who agrees to undertake work without being
under the direct control or direction of another.
T F
9) Administrative law is the extensive body of public law issued by administrative agencies to
direct the enacted laws of the federal and state governments, and control the administrative
operations of those governments.
T F
10) The basic sources of law are common law, statutory law, and the Napoleonic code.
T F
m
er as
11) Although a statute can abolish any rule of common law, it can do so only by express
co
words.
eH w
T F
o.
rs e
12) The Social Security Act of 1965 contained Title XVIII, which established Medicare, and
ou urc
Title XIX, which provided for Medicaid (Medi-Cal in California), both of which are
administered by the Department of Justice (DOJ).
o
T F
aC s
vi y re
13) The three branches of both Federal and State government consist of the Executive,
Legislative, and Judicial.
ed d
T F
ar stu
14) A bill that is passed by the Legislature and signed by the President becomes law unless the
U.S. Supreme Court declares it to be invalid because it is contrary to the “Constitution” which
is considered the supreme law of the land
is
Th
T F
15) Only the President of the United States of America can veto a federal or state law.
sh
T F
16) If a minor (considered by the law to be incompetent) enters into an agreement with an
otherwise competent party, only the minor can void the agreement.
2
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https://www.coursehero.com/file/16057352/MIDTERM-EXAM-ANSWERS/
LEGAL ASPECTS of HEALTH CARE ADMINISTRATION HCA 340
TRUE/FALSE
[Chapters 1-13 inclusive]
1) Ordinary Negligence is the failure to do what a reasonably prudent person
would or would not do under extraordinary circumstances.
T F
2) A tort is a civil wrong, other than a breach of contract, committed against a person or
property for which a court provides a remedy in the form of an action for damages.
T F
m
er as
3) The four elements that are necessary for a plaintiff to recover in a negligence case are:
co
Duty; Compliance with Duty; Intent; and, Causation (Proximate Cause).
eH w
T F
o.
rs e
ou urc
4) Fraud is defined as a false oral or written communication that tends to hold a person’s
reputation up to scorn and ridicule in the eyes of a substantial number of respectable
people.
o
T F
aC s
vi y re
5) A Misdemeanor is an offense punishable by less than one (1) year in jail and/or a fine;
whereas, a Felony is a much more serious crime and is generally punishable by
imprisonment in a federal or state penitentiary for more than one (1) year.
ed d
ar stu
T F
6) The elements of a valid, enforceable contract are: An Offer; a Counteroffer or rejection;
and, a Legal Detriment or Benefit.
is
Th
T F
7) In a criminal trial, the jury verdict must be unanimous, and the standard of proof must be
beyond a reasonable doubt.
sh
T F
1
This study source was downloaded by 100000805706406 from CourseHero.com on 11-22-2021 04:12:22 GMT -06:00
https://www.coursehero.com/file/16057352/MIDTERM-EXAM-ANSWERS/
, 8) An independent contractor is an individual who agrees to undertake work without being
under the direct control or direction of another.
T F
9) Administrative law is the extensive body of public law issued by administrative agencies to
direct the enacted laws of the federal and state governments, and control the administrative
operations of those governments.
T F
10) The basic sources of law are common law, statutory law, and the Napoleonic code.
T F
m
er as
11) Although a statute can abolish any rule of common law, it can do so only by express
co
words.
eH w
T F
o.
rs e
12) The Social Security Act of 1965 contained Title XVIII, which established Medicare, and
ou urc
Title XIX, which provided for Medicaid (Medi-Cal in California), both of which are
administered by the Department of Justice (DOJ).
o
T F
aC s
vi y re
13) The three branches of both Federal and State government consist of the Executive,
Legislative, and Judicial.
ed d
T F
ar stu
14) A bill that is passed by the Legislature and signed by the President becomes law unless the
U.S. Supreme Court declares it to be invalid because it is contrary to the “Constitution” which
is considered the supreme law of the land
is
Th
T F
15) Only the President of the United States of America can veto a federal or state law.
sh
T F
16) If a minor (considered by the law to be incompetent) enters into an agreement with an
otherwise competent party, only the minor can void the agreement.
2
This study source was downloaded by 100000805706406 from CourseHero.com on 11-22-2021 04:12:22 GMT -06:00
https://www.coursehero.com/file/16057352/MIDTERM-EXAM-ANSWERS/
