Multiple Choice Flashcards

(88 cards)

1
Q
A court that hears issues involving money and contracts is called...
A) Court of Equity
B) court of law
c) court of law equity
d)court of Saxony
e) none of the above
A

B) court of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When congress passes a law it is called…

a) black letter law
b) common law
c) res judicata
d) administrative law
e) none of the above

A

a) black letter law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

You can not file the same lawsuit in different courts to try to find one that agrees with you. This is called…

a) Res judicata
b) Collateral estople
c) res ipsa loquitor
d) A and C are correct
e) None of the above

A

a) Res judicata

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Which of the following amendments apply to your right to a hearing if you are working for a hospital or corporation?

a) Fourteenth Amendment
b) eleventh amendment
c) fifteenth amendment
d) fourth amendment
e) fifth amendment

A

a) Fourteenth Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which article authorizes the legislative branch of the federal government?

a) I
b) II
c) III
d) IV
e) V

A

a) I

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which portion of the constitution authorizes the executive branch of government?

a) I
b) II
c) III
d) IV
e) V

A

b) II

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Which portion of the constitution authorizes the judicial branch of government?

a) I
b) II
c) III
d) IV
e) V

A

c) III

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The legislative branch of government…

a) makes the law
b) interprets the law
c) enforces the law
d) a and c are correct
e) b and c are correct

A

a) makes the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The executive branch of government…

a) makes the law
b) interprets the law
c) enforces the law
d) a and c are correct
e) b and c are correct

A

c) enforces the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The judicial branch of government…

a) makes the law
b) interprets the law
c) enforces the law
d) a and c are correct
e) b and c are correct

A

b) interprets the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Which of the following issues can only be decided by federal courts?

a) divorce
b) admiralty
c) federal tax
d) patent and copy write issues
e) B, C, and D are all correct

A

e) B, C, and D are all correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Which of the following are types of civil law?

a) criminal
b) contract
c) tort
d) a and c are correct
e) b and c are correct

A

e) b and c are correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Apprehension of harmful or offensive touching

a) assault
b) battery
c) negligence
d) intentional infliction of emotional distress
e) negligent infliction of emotional distress

A

a) assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Harmful or offensive touching

a) assault
b) battery
c) negligence
d) intentional infliction of emotional distress
e) negligent infliction of emotional distress

A

b) battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Intentionally causing severe emotions that can damage the person

a) assault
b) battery
c) negligence
d) intentional infliction of emotional distress
e) negligent infliction of emotional distress

A

d) intentional infliction of emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

accidentally through negligence raising such emotion that can cause damages

a) assault
b) battery
c) negligence
d) intentional infliction of emotional distress
e) negligent infliction of emotional distress

A

e) negligent infliction of emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

preventing someone from leaving

a) assault
b) battery
c) negligence
d) intentional infliction of emotional distress
e) false imprisonment

A

e) false imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If an apple was on a tree and someone sneaks in and steals the apple it is

a) trespass to land
b) trespass to chattels
c) assault
d) a and b are correct
e) none of the above

A

a) trespass to land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The attractive nuisance doctrine

a) states that if there is something on your land that is attractive to children they will be expected to trespass and therefore you are liable for injuries
b) pertain to an amusement park only.
c) applies to anyone who comes on your land because of something that looks interesting
d) A, B and C are all correct
e) none of the above

A

a) states that if there is something on your land that is attractive to children they will be expected to trespass and therefore you are liable for injuries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Which of the following are elements of negligence?

a) Duty
b) breach
c) cause
d) damages
e) all of the above

A

e) all of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Which of the following are types of damages that can be awarded in a tort lawsuit?

a) medical costs
b) loss of income
c) future loss of income
d) pain and suffering
e) all of the above

A

e) all of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Loss of consortium involves which of the following

a) sex
b) society
c) services
d) a, b and c
e) none of the above

A

d) a, b and c

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

which of the following are characteristics of a contractor?

a) set their own hours
b) use their one tools
c) determine the means and manner of their work
d) a, b, and c are true
e) none of the above

A

d) a, b, and c are true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

A man tells two of his friends that you are an evil despicable person. the man may be guilty of

a) liable
b) slander
c) defamation
d) b and c are correct
e) a and c are correct

A

d) b and c are correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Someone writes a letter to your employer saying that you're a very poor physical therapist, they may be liable for a) defamation b) liable c) slander d) a and b are correct e) a and c are correct
d) a and b are correct
26
Which of the following could be classified as defamation per se. statements about? a) your ability to do business b) that you have a lonesome disease c) if you are a women that you have sexual relations frequently with people you were not married to. d) a and c are true e) a, b, and c are true
e) a, b, and c are true
27
False light privacy is a) defective light bulbs b) making a false statement about somebody c) making a true statement about somebody of a private fact d) a, b and c are true e) none of the above
b) making a false statement about somebody
28
Invasion of privacy involves a) correct statement about someone of a fact which is normally private b) making a false statement about somebody c) the standard used for invasion of privacy is that of a reasonable person standard d) a and c are correct e) a, b, and c are correct
d) a and c are correct
29
If you take someone's picture and use it in a add to advertise your business, this is a) false light b) invasion of privacy c) misappropriation of lightness d) liable e) none of the above
c) misappropriation of lightness
30
If the physical therapy practice you are working for has a series of treatment plans that are unique to that physical therapy practice and you take these when you leave for a new job. you can be convicted of... a) violation of the california uniform trade secret act b) violation of the federal uniform trade secret act c) larceny d) a and b are correct e) none of the above
d) a and b are correct
31
Taken a client list with you is a violation of... a) california uniform trade secret act b) federal uniform trade secret act c) larceny d) a and be are correct e) none of the above
d) a and b are correct
32
The damages for the violation of the uniform trade secrets act are... a) actual b) two times actual c) three times actual d) five times actual e) none of the above
c) three times actual
33
If you file a lawsuit against somebody just because you are angry with them and you want to teach them a lesson, this is... a) malicious prosecution b) slander c) liable d) all of the above e) none of the above
a) malicious prosecution
34
A contract involves... a) offer b) acceptance c) consideration d) a, b and c are correct e) only a and b are correct
d) a, b and c are correct
35
If someone says they might consider selling their car, this is an... a) offer b) proposal to begin negotiations c) acceptance d) consideration e) none of the above
b) proposal to begin negotiations
36
If your employer states that he is going to give you a five hundred dollar bonus at christmas, he has established... a) contract which he can not revoke b) a gift which he can revoke c) both a contract and a gift d) none of the above
b) a gift which he can revoke
37
A contract is entered into between two parties. One of the parties is eleven years old in the state of nevada and the other is a car company. The eleven year old offers to buy a used 1965 "mustang." After the contract is signed the eleven year old tries to get out. The defense in this case will be: a) incapacity b) unconscionability c) impossibility d) impracticability e) ambiguity
a) incapactiy
38
A television sales agent goes into a poor area in the city of san bernardinno and offers to sell a tv set that normally costs three hundred dollars for four hundred dollars and 28% interest per year. The contract specifies that if any payment is missed, the tv will be confiscated. The best defense for this contract is: a) incapacity b) unconscionability c) impossibility d) impracticability e) ambiguity
b) unconscionability
39
You were board certified in orthopedic physical therapy. You sign a contract that states you will "provide physical therapy services at smiths rehab." when you get there you find out what they were looking for is a neuro physical therapist not an orthopedic physical therapist. Since you know nothing of neurological physical therapy, you try to get out of the contract. Your best defense would be: a) incapacity b) unconscionability c) impossibility d) impracticability e) ambiguity
e) ambiguity
40
You sign a contract to be a physical therapist at community hospital. Community burns down before you can begin your contract. They then try to transfer to a white hospital in Los Angeles. Not wanting to drive 120 miles a day you want to get out of the contract. Your best defense is: a) incapacity b) unconscionability c) impossibility d) impracticability e) ambiguity
d) impracticability
41
Guido the hit man hires you with a subcontract to break somebody's knee caps for not paying their bill to your physical therapy center. This is an example of... a) an illegal contract b) assignment and delegation c) impracticability d) a and b are correct e) a and c are correct
a) illegal contract
42
Which of the following is NOT covered under the statute of frauds? a) goods over five hundred dollars b) contracts that cannot be completed in less than one year c) real estate d) marriage e) all of the above are correct
e) all of the above are correct
43
Which of the following clauses in a contract would protect you from someone claiming that you told them differently then in the written contract they signed? a) integration clauses b) prevailing law clause c) force majeur clause d) arbitration clause e) legal fees clause
a) integration clause
44
Which clause in a contract would force the other party to pay your legal fees if they breach the contract? a) a) integration clauses b) prevailing law clause c) force measure clause d) arbitration clause e) legal fees clause
e) legal fees clause
45
You have a contract to work at a PT practice and you want to protect yourself so they can't try to enforce the contract if the building floods due to a storm, which clause will protect you? a) integration clauses b) prevailing law clause c) force majeur clause d) arbitration clause e) legal fees clause
c) force majeur clause
46
If you were developing computer software, which of the following clauses would be helpful to have? a) intellectual property clause b) integration clause c) force majeur clause d) none of the above
a) intellectual property clause
47
Which of the following are offenses against the person? a) assault and battery b) homicide c) rape d) false imprisonment e) all of the above
e) all of the above
48
If someone plans a crime with you but does not take part in the actual crime itself they are called: a) coconspirator b) can receive the same penalty as you will receive c) They are not guilty of the crime itself only planning the crime d) a and b are correct e) a, b and c are correct
d) a and b are correct
49
If you aide someone to hide from the police after the crime you can a) be convicted of the crime itself b) receive a lesser penalty c) be convicted of a coconspirator d) b and c are correct e) a and c are correct
d) b and c are correct
50
A man jumps off a building and as he is going past the 25th floor falling to the ground. Someone pulls out a gun and shoots him. This is an example of: a) 1st degree murder b) 2nd degree murder c) negligent homicide d) 3rd degree murder e) none of the above
a) 1st degree murder
51
You are working for a physical therapy center and you take one of their stethoscopes with you. This is an example of a) larceny b) theft c) embezzlement d) forgery e) counterfeiting
c) embezzlement
52
You are working for a physical therapy center and walking through the office and you take an extra notebook for your personal use. This is an example of: a) larceny b) theft c) embezzlement d) forgery e) counterfeiting
a) larceny
53
When you leave your job at a PT center, you pull out a scalpel and hold somebody up and steal their purse. This is an example of: a) larceny b) theft c) embezzlement d) forgery e) counterfeiting
b) theft
54
You are working in the business office of a PT center and you write a check for yourself for money you need to pay for your rent. This is an example of: a) larceny b) theft c) embezzlement d) forgery e) counterfeiting
c) embezzelment
55
You are working as PTA and you sign the PT signature on the notes this is an example of a) larceny b) theft c) embezzlement d) forgery e) counterfeiting
d) forgery
56
The right of the people to be free from unreasonable search and seizure. a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
a) fourth amendment
57
Requires issuing a warrant for probable clause before search: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
a) fourth amendment
58
Requires that you have access to an attorney during questioning after you have been arrested: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
b) fifth amendment
59
Requires that you have an attorney in a criminal proceeding involving a felony a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
c) sixth amendment
60
Requires that you have a right to an jury in a trial a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
d) seventh amendment
61
The plane sight rule: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
a) fourth amendment
62
Waved at borders: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
a) fourth amendment
63
Also called the due process amendment: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
b) fifth amendment
64
Part of this amendment involves eminent domain: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
b) fifth amendment
65
Prevents you from being convicted by self incrimination: a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
b) fifth amendment
66
Gideon Vs. Florida a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
c) sixth amendment
67
Miranda vs Arizona a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
b) fifth amendment
68
Requires evidentiary hearings a) fourth amendment b) fifth amendment c) sixth amendment d) seventh amendment e) eighth amendment
a) fourth amendment
69
Which of the following are types of evidence a) real b) documentary c) circumstantial d) a and c e) a, b and c
e) a, b, and c
70
Which of the following has mandatory reporting requirements? a) child abuse b) elder abuse c) domestic violence d) criminal acts that are being planned e) all of the above
e) all of the above
71
You write up a procedure for treating a frozen shoulder. This can be protected under a) copyright b) trademark c) patent
a) copyright
72
A physical therapist may use which of the following modalities a) heat b) light c) water d) electricity e) all of the above
e) all of the above
73
A physical Therapist may use the following modalities a) sound b) Massage c) Resistant Exercise d) Chemicals e) all of the Above
e) all of the above
74
Which of the following can a physical therapist not use a) heat b) sound c) radioactive materials d) electricity e) resistant exercises
c) radioactive materials
75
The physical therapy practice act requires how much time in a clinical setting before an exam can be taken a) 12 weeks b) 18 weeks c) 24 weeks d) 32 weeks e) 35 weeks
a)12 weeks
76
Which of the following must an applicant from a foreign school provide? a) documentary evidence that they complicated an equivalent degree program in another country b) the program satisfies all the conditions of section 2650 of the business and professional code c) Must pass a written examination which is the same as other physical therapy students in the state d) They must work under a supervising physical therapist for a period of up to nine months e) all of the above
e) all of the above
77
A physical therapy student wishing to be licensed must be a) 18 years and over b) 20 years and over c) 21 years and over d) 22 years and over e) none of the above
a) 18 years and over
78
To supervise a physical therapy assistant, the supervising physical therapist must a) be readily available in person or by telecommunication b) Initially evaluate each patient document this in the patient's record c) Formulate of document the evaluation and goal and treatment plan in each patient's record d) reevaluate the patient as often as necessary and modify the treatment goals and plans as needed. e) all of the above
e) all of the above
79
Which of the following directives by a business will cause someone to be classified as an employee? a) where and when did you work b) what tools or equipment to use c) what workers to hire and assist to work d) where to purchase supplies e) all or potentially used for classifying workers as an employees
e) all or potentially used for classifying workers as an employees
80
Which of the following amendments gives you the right to have an attorney during a trial? a) second amendment b) fourth amendment c) fifth amendment d) sixth amendment e) seventh amendment
d) sixth amendment
81
Which amendment gives you the right to have an attorney during questioning after arrest? a) second amendment b) fourth amendment c) fifth amendment d) sixth amendment e) seventh amendment
c) fifth amendment
82
Which amendment guarantees your right to be free from search and seizure without probable cause? a) second amendment b) fourth amendment c) fifth amendment d) sixth amendment e) seventh amendment
b) fourth amendment
83
Which of the following amendments gives you the right to a trial by a jury? a) second amendment b) fourth amendment c) fifth amendment d) sixth amendment e) seventh amendment
e) seventh amendment
84
Which of the following must report child abuse by law? a) nurses b) social workers c) physical therapist d) physicians e) all of the above
e) all of the above
85
Which of the following are behavioral indicators of child abuse? a) intellectual functioning b) poor control of aggression c) self destructive behavior d) decreased ability to think e) all of the above
e) all of the above
86
Statutes that require child abuse to be reported should include which of the following? a) name and address of the child b) person responsible for the child's care c) their age d) nature in extent of injury e) all of the above
e) all of the above
87
Which of the following should be included in a commercial lease? a) definition of the space being leased b) starting date of the lease c) ending date of the lease d) option to renew e) all of the above
e) all of the above
88
Which of the following should be included in a commercial lease? a) zoning laws permits and restrictions b) required insurance c) subletting and space requirements d) signage e) all of the above
e) all of the above