Test Bank For Legal and Ethical Issues for Health Professions, 5th Edition 2026 by Elsevier Inc Chapter 1-14

Test Bank For Legal and Ethical Issues for Health Professions, 5th Edition 2026 by Elsevier Inc Chapter 1-14
Chapter 01: The US Legal System
Elsevier Inc: Legal and Ethical Issues for Health Professions, 5th Edition
MULTIPLE CHOICE
1. All the following are examples of the use of laws except
a. a woman takes her husband to court to obtain a divorce.
b. an individual sues his neighbor over a property line.
c. a man slashes his neighbor’s tires over a dispute.
d. a child is taken from a neglectful parent and placed in foster care by the state.
ANS: C
Taking the law into one’s own hands never fulfills the goal of law and likely against the
law. The goal of law is to resolve disputes without violence and to protect individual
citizens’ health, safety, and welfare. Taking an individual to court or to the proper
regulatory agency resolves matters peacefully.
OBJ: 2. Define law and the sources of law. TOP: What is the Law?
2. The fundamental of the law of the United States is
a. state constitutions.
b. municipal laws.
c. district court decisions.
d. the Constitution.
ANS: D
The US Constitution grants certain powers to the federal government. Unless a specific
power is granted to the US government, that power is left to the jurisdiction of state
government.
OBJ: 2. Define law and the sources of law. TOP: Constitutional Law
3. All the following are sources of law except
a. administrative law.
b. statutory law.
c. state judicial rulings.
d. Bill of Rights.
ANS: C
Sources of law are the Constitution, administrative law, statutory law, and common law.
OBJ: 3. Explain the different types of law in the United States. TOP: Sources of Law
4. Which branch of government developed the source of law that implemented the Medicaid
and Medicare amendments to the Social Security Act of 1965?
a. Legislative
b. Judicial
c. Executive
d. Municipal
ANS: A
The legislative branch of government develops statutory law. The executive branch can
propose or veto laws, and the judicial branch develops and interprets statutory law.
OBJ: 1. Describe the three branches of the federal government in the United States.
TOP: Branches of Government
5. Which is not an agency that can enact rules that become administrative law?
a. Occupational Safety and Health Administration
b. American Bar Association
c. Department of Health and Human Services
d. Environmental Protection Agency
ANS: B
The legislature enables certain agencies to develop rules and regulations, such as the
Occupational Safety and Health Administration, the Department of Health and Human
Services, and the Environmental Protection Agency. The American Bar Association is a
private organization, not a governmental agency.
OBJ: 1. Describe the three branches of the federal government in the United States.
TOP: Branches of Government
6. Which statement about the checks and balances system is false?
a. The legislature can develop statutes and override the veto of the executive branch.
b. The executive branch has veto power and can interpret laws.
c. The judicial branch interprets laws.
d. The legislature proposes laws.
ANS: B
The executive branch can veto and propose legislation but cannot interpret laws. The
judicial branch interprets laws and their application to individual cases. The legislature can
propose laws and develop statutes and can override executive branch vetoes.
OBJ: 1. Describe the three branches of the federal government in the United States.
TOP: Checks and Balances
7. The pretrial discovery process includes the following strategies.
a. Admissions of fact
b. Burden of proof
c. Interrogatories
d. Requests for production of documents
ANS: B
The pretrial discovery strategies include admissions of facts, interrogatories, and requests
for production of documents.
OBJ: 5. Demonstrate understanding of the various levels of the United States court system.
TOP: Pretrial Discovery
8. All the cases below would be considered a civil case except
a. divorce.
b. breach of contract.
c. dispute over real estate sale.
d. terrorist threats.
ANS: D
Civil law includes areas of the law such as contract issues, intentional torts, negligence,
malpractice, and privacy issues. A terrorist threat would be considered a criminal offense.
OBJ: 3. Explain the different types of law in the United States. TOP: Types of Law
9. Which of the following would be considered a criminal case?
a. A physician refuses to repay student loans.
b. A physician performs a pelvic exam without the consent of the patient.
c. An office assistant releases medical information without patient consent.
d. An office assistant accesses medical information by computer about a patient who
is not under a physician’s care at the time.
ANS: B
The physician has probably committed battery, a criminal offense, on the patient by not
getting the patient’s consent for the pelvic examination. Issues related to contracts, such as
student loans, are civil matters. Privacy issues also fall under administrative law, which is
part of the civil category.
OBJ: 4. Explain key laws affecting healthcare professionals. TOP: Criminal Law
10. All the following are examples of in personam jurisdiction except
a. a dispute between neighbors over a fence line.
b. theft of a computer from a private home.
c. vandalism to a car parked in a school lot.
d. a bank account being divided between spouses due to a divorce.
ANS: D
In rem jurisdiction is when the court has jurisdiction over the property or thin itself rather
than over the people involved. In personam jurisdiction means that the court has
jurisdiction over the person involved in the case.
OBJ: 6. Describe the trial process in a lawsuit.
TOP: The Trial Process and Lawsuits
11. When a court has jurisdiction over property or a thing itself, rather than over the people
involved, the type of jurisdiction is called
a. in rem jurisdiction.
b. in personam jurisdiction.
c. ad litem jurisdiction.
d. appellate jurisdiction.
ANS: A
The court determines right to the property in an in rem jurisdiction case, which is usually
binding against the whole world, not just the parties involved.
OBJ: 6. Describe the trial process in a lawsuit.
TOP: The Trial Process and Lawsuits

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