false Flashcards
(105 cards)
1
Q
The use of a jury in court is a fairly recent thing
A
F
2
Q
Malpractice is something unique in the US & has only occurred in the last few hundred years
A
F
3
Q
Malpractice has been increasing dramatically in the last ten years
A
F
4
Q
The legislative branch of government can appoint heads of the different departments of the executive branch of government
A
F
5
Q
The constitution specifies a number of different agencies that report to the president & VP
A
F
6
Q
Article 3 of the constitution authorizes the establishment of specifically tax courts
A
F
7
Q
- If a state issue is involved such as divorce then the US Supreme Court has no authority to change the Supreme Courts Decision
A
F
8
Q
- If someone trespasses on your land and their injured you have no liability in CA
A
F
9
Q
- If you block the front door to someones house but they can leave out the back door it is still false imprisonment
A
F
10
Q
- If you follow somebody closely but do not bother them, it is not a violation of the stalking laws
A
F
11
Q
- A PT owes a duty to a person who is drowning in a swimming pool if they walk by
A
F
12
Q
- If you are sued for malpractice, the duty must meet a local standard and not a national standard
A
F
13
Q
- It is always easy to determine if duty has been breached in a negligence suit and never requires experts
A
F
14
Q
- Loss of consortium is usually filed by the plaintiff
A
F
15
Q
- Product liability is a type of intentional tort
A
F
16
Q
- Offers and acceptances for commercial merchants are established under the UCC
A
F
17
Q
- Under the UCC if an acceptance modifies the offer, it is valid if not objected to within 12 business days
A
F
18
Q
- The mailbox rule states that an offer is valid at the date of receipt
A
F
19
Q
- Gifts are a good example of contracts
A
F
20
Q
- Punitive damages can be awarded for breach of contract
A
F
21
Q
- Pain & suffering are awarded in a breach of contract
A
F
22
Q
- The parole evidence rule says that you can be released from prison if you behave yourself
A
F
23
Q
- If you assume the debt of another it must be in writing unless it is more than 100 dollars
A
F
24
Q
- Goods over 10 dollars that are sold must involve a written contract
A
F
25
25. A real estate contract to rent an apartment for 2 months does not have to be in writing
F
26
26. A prevailing law clause states that you will use the law the state you work in
F
27
27. In CA, an employment contract can specify that after you leave one PT practice you cant work within 25 miles within 2 years
F
28
28. An indemnity clause specifies who will have to pay damages in legal fees if something goes wrong in a contract
F
29
29. Criminal and civil assault and battery are exactly the same except that one is filed by the state
F
30
30. A depraved type murder is a type of 2nd degree murder
F
31
31. For a 1st degree murder, deliberation is always necessary
F
32
32. If a person kills another person in self defense, it is not considered murder
F
33
33. In CA a valid defense for 1st degree murder is eating twinkes.
F
34
34. Negligent homicide requires deliberation & premeditation
F
35
35. A person accidentally walks into a stock room of a grocery store and upon seeing the groceries decides to take some. This is a typical example of a burglary
F
36
36. One good defense for a criminal act is that you were drinking
F
37
37. If someone gives you drugs and you don’t know you’re taking drugs, then you will still be convicted of a crime
F
38
38. After you have been served with a lawsuit in a civil case you have sixty days to respond
F
39
39. During discovery you can only use interrogatories and depositions
F
40
40. An interrogatory can be served on any one to expedite the case
F
41
41. In the opening argument, the trial attorneys can argue that the other side has poor evidence
F
42
42. Once you file a lawsuit against somebody, you can hand it to the other party yourself
F
43
43. Federal courts uses code pleading
F
44
44. Character evidence is always inadmissible at trial
F
45
45. If you receive a subpoena for medical records, since the subpoena is ordered by the court in all cases, you must comply
F
46
46. If you treat someone under 18 yeards old, then the statute of limitations is always one years during which they can file for malpractice
F
47
47. The most important law protecting confidentiality is Hippa
F
48
48. Research does not fall under hippa
F
49
49. You can take a polygraph on someone before you hire them
F
50
50. Email is considered confidential
F
51
51. Emailing information about a patient across the hospital is legal in all cases
F
52
52. Medicare fraud can result in monetary penalties but not jail time
F
53
53. Under medicare, you can bill for a student on an intern treating a medicare patient
F
54
54. You can use PTAs on medicare patients since they are licensed
F
55
55. Under stark 2 it is alright to have your own wife own a medical lab that you are dealing with
F
56
56. Clinical instructors, during internship, must countersign with only their last name or first and last initial
F
57
57. If someone is working as an independent contractor, their employer still withholds FICA
F
58
58. The Miranda decision covers your right to have an attorney in a civil trial
F
59
59. Gideon vs florida established your right to have an attorney when you are being questioned in a criminal case
F
60
60. During a criminal case, the defense shows their case first
F
61
61. What can be included in closing statement in a criminal trial is very different than that of a civil trial
F
62
62. The level of evidence that the prosecution needs to present in a criminal trial is that you are guilty by a proponderous of evidence
F
63
63. In the US it can take years before you are brought to trial on criminal charges
F
64
64. In a criminal case you only have the right to a jury trial if the judge agrees to let you have a jury trial
F
65
65. If you write a complaint against another person, you can personally hand it to them
F
66
66. If a complaint is filed against a corporation, any officer of the corporation can be served with legal papers
F
67
67. Once the complaint and answered filed, the trial is scheduled
F
68
68. In a civil case discovery allows the parties to gain information but the original complaint can not be changed
F
69
69. If someone is your patient and they abuse a child, they have a right to confidentiality & you cant tell anyone
F
70
70. If a health professional reports child abuse & they are incorrect, they can be sued
F
71
71. Asians have the highest rate of child abuse in their children
F
72
72. Failure to report a communicable disease is a felony
F
73
73. Births, but not deaths, have mandatory reporting requirements
F
74
74. Local police adequately covered cases of domestic violence but the federal govt passed a national domestic violence act to provide more protection
F
75
75. The fair labor standards act provides minimum wage for all employees
F
76
76. All workmens compensation insurance companies are owned by the state of California for workers in the state of California
F
77
77. Presently. An injured worker has unlimited access to pt
F
78
78. A sole proprietorship can be owned by one person & therefore, a husband and wife can never own one
F
79
79. In a sole proprietorship business taxes are reported separately from personal taxes on separate forms
F
80
80. In a limited partnership, the limited partners have control over the general partners
F
81
81. All partners in a limited partnership are equally liable to lawsuits
F
82
82. A C-corporation is a corporation owned by less than 35 people
F
83
83. Sub chapter S corporations have the returns reported on personal income taxes
F
84
84. A non profit corporation must provide benefits to society at large
F
85
85. A limited liability company is a type of corporation
F
86
86. Product liability insurance only needs to be carried by a product manufacturer
F
87
87. Your personal vehicle insurance policy will cover your business use of a car
F
88
88. Charges for workmans compensation insurance are taken out of the employees pay check
F
89
89. If you pay money to improve a leased property, the landlord will pay you the money back when you leave
F
90
90. Age discrimination applies to people over the age of 35
F
91
91. The americans with disability act prevents you from hiring or firing someone because of their skill and experience
F
92
92. If someone tells you that they can bring client lists if you hire them, they are one of the better candidates to hire as an employee.
F
93
93. To protect yourself legally you should say that all your employees are contractors.
F
94
94. You should always ask a perspective employee their original name or if the court has changed their name
F
95
95. It s lawful to ask an employees maiden name
F
96
96. Birth place is a common question asked on an employment questionnaire
F
97
97. It is always good to ask perspective employees the birth place or their closest relatives so that you can notify them that they are injured on the job
F
98
98. Copies of the birth certificates are legal forms of proof that you can ask the perspective employee
F
99
99. It is proper to ask somebody their religion on a job application in all cases
F
100
100. You can photograph an applicant for the job so you can remember what they look like when you make your decision about who you are going to hire
F
101
101. Height and weight are important information on a job interview
F
102
102. In California you can surprise someone applying for a job with a random drug test
F
103
103. Under federal law, any perspective employee can get a lie detector test
F
104
104. If someone is not behaving to your expectations you can immediately fire them in CA
F
105
105. You can never fire someone in CA without warnings and hearings
F
