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Test Bank For Legal and Ethical Aspects of Health Information Management, 5th Edition Dana C. McWay Chapter 1-15 01 Workings of the American Legal System 1. Standards for human behavior are established through _____. a. concepts b. laws c. moral principles d. societal ideals ANSWER: b FEEDBACK: a. Incorrect. Law establishes certain standards for human behavior. b. Correct. Law establishes certain standards for human behavior. c. Incorrect. Law establishes certain standards for human behavior. d. Incorrect. Law establishes certain standards for human behavior. POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/20/2019 6:13 AM DATE MODIFIED: 9/25/2019 2:30 AM 2. Under civil law, the burden of proof is described as a _____. a. determination to be met by the presiding judge at the trial b. meeting of the minds where at least two persons or entities must reach an agreement c. preponderance of the evidence, which is defined as “more likely than not” d. requirement that something be proven beyond a reasonable doubt ANSWER: c FEEDBACK: a. Incorrect. The burden of proof is ―preponderance of the evidence,‖ which is defined as ―more likely than not.‖ b. Incorrect. The burden of proof is ―preponderance of the evidence,‖ which is defined as ―more likely than not.‖ c. Correct. The burden of proof is ―preponderance of the evidence,‖ which is defined as ―more likely than not.‖ d. Incorrect. The burden of proof is ―preponderance of the evidence,‖ which is defined as ―more likely than not.‖
POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/20/2019 6:31 AM DATE MODIFIED: 9/25/2019 2:31 AM 3. Which statement is associated with civil law? Copyright Cengage Learning. Powered by Cognero.
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a. Defendants who do not pay court-assessed damages are imprisoned. b. It is an area of law and justice that attempts to settle disputes among individuals. c. Its body of law involves the state versus individuals and relies on statutory law. d. Either plaintiff or defendant can be found partially right or wrong, but not both. ANSWER: FEEDBACK:
b a. Incorrect. In civil law both parties may be anybody, including governments, corporations, and individual persons. b. Correct. In civil law both parties may be anybody, including governments, corporations, and individual persons. c. Incorrect. In civil law both parties may be anybody, including governments, corporations, and individual persons. d. Incorrect. In civil law both parties may be anybody, including governments, corporations, and individual persons.
POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/20/2019 6:34 AM DATE MODIFIED: 9/25/2019 2:35 AM 4. The plaintiff is always the state or federal government in _____ law. a. contract b. civil c. criminal d. private ANSWER: c FEEDBACK: a. Incorrect. The plaintiff is always the state or federal government in criminal law. b. Incorrect. The plaintiff is always the state or federal government in criminal law. c. Correct. The plaintiff is always the state or federal government in criminal law. d. Incorrect. The plaintiff is always the state or federal government in criminal law. POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/20/2019 6:39 AM DATE MODIFIED: 9/25/2019 2:37 AM 5. Which statement is associated with criminal law? a. The defendant is always the state or federal government. b. Only the plaintiff may appeal a decision. c. Punishment may be a fine or imprisonment. d. Federal statutes alone establish criminal law. ANSWER: c FEEDBACK: a. Incorrect. In criminal law, punishment may be a fine and/or imprisonment. b. Incorrect. In criminal law, punishment may be a fine and/or imprisonment. Copyright Cengage Learning. Powered by Cognero.
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c. Correct. In criminal law, punishment may be a fine and/or imprisonment. d. Incorrect. In criminal law, punishment may be a fine and/or imprisonment. POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/20/2019 6:42 AM DATE MODIFIED: 9/25/2019 2:43 AM 6. The burden of proof is “beyond a reasonable doubt” during a _____ trial? a. civil b. conflict c. contract d. criminal ANSWER: d FEEDBACK: a. Incorrect. In criminal law, the burden of proof is ―beyond a reasonable doubt.‖ b. Incorrect. In criminal law, the burden of proof is ―beyond a reasonable doubt.‖ c. Incorrect. In criminal law, the burden of proof is ―beyond a reasonable doubt.‖ d. Correct. In criminal law, the burden of proof is ―beyond a reasonable doubt.‖ POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/20/2019 6:45 AM DATE MODIFIED: 9/25/2019 2:46 AM 7. Which statement is associated with a criminal trial? a. Only the defendant may appeal a guilty verdict in a criminal case. b. Each defendant is initially assigned a court-appointed lawyer. c. State and federal statutes establish civil laws (or private laws). d. The burden of proof is on the defendant named in the case. ANSWER: a FEEDBACK: a. Correct. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case. b. Incorrect. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case. c. Incorrect. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case. d. Incorrect. In a criminal trial, only the defendant may appeal a guilty verdict in a criminal case.
POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/25/2019 2:46 AM DATE MODIFIED: 9/25/2019 2:48 AM Copyright Cengage Learning. Powered by Cognero.
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8. Which element of a contract means at least two persons or entities must reach an agreement? a. Obligation b. Acceptance c. Consideration d. Meeting of the minds ANSWER: d FEEDBACK: a. Incorrect. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement. b. Incorrect. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement. c. Incorrect. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement. d. Correct. Meeting of the minds is an element of contract law that means at least two persons or entities must reach an agreement.
POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/25/2019 2:48 AM DATE MODIFIED: 9/25/2019 2:50 AM 9. Consideration is an element of contract law that refers to _____. a. business etiquette b. exchange from one party in return for performing contractual obligations c. one party’s agreement to a promise d. an entity’s decision to enter into a contract ANSWER: b FEEDBACK: a. Incorrect. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations.
b. Correct. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations. c. Incorrect. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations. d. Incorrect. Consideration is an element of contract law that refers to exchange from one party in return for performing contractual obligations.
POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/25/2019 2:50 AM DATE MODIFIED: 9/25/2019 2:52 AM 10. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court determined that _____. a. a patient cannot sue their health insurance company for breach of contract because that is prohibited by statutory law b. terms of an insurance policy cannot be altered after inception because the patient pays a monthly premium Copyright Cengage Learning. Powered by Cognero.
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for insurance coverage and signing the contract protects the insurance company c. the insurance company had the right to deny payment for major medical expenses regardless of whether procedures and services performed were medically necessary d. the insured had the right to proceed against the insurance company for breach of contract to determine whether it had correctly determined that patient care was not medically necessary ANSWER: d FEEDBACK: a. Incorrect. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary. b. Incorrect. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary. c. Incorrect. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary. d. Correct. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court held that the patient could proceed against the insurance company for breach of contract on the issue of whether the insurer correctly determined that the patient’s care was not medically necessary.
POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/25/2019 2:53 AM DATE MODIFIED: 9/25/2019 3:06 AM 11. The first 10 amendments to the U.S. Constitution are called _____. a. Judicial Declarations b. The Bill of Rights c. Executive Orders d. Titles of Nobility ANSWER: b FEEDBACK: a. Incorrect. The first ten amendments are referred to as the Bill of Rights. b. Correct. The first ten amendments are referred to as the Bill of Rights. c. Incorrect. The first ten amendments are referred to as the Bill of Rights. d. Incorrect. The first ten amendments are referred to as the Bill of Rights. POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 9/25/2019 3:06 AM DATE MODIFIED: 9/25/2019 3:07 AM 12. Which of the following is associated with the Bill of Rights? Copyright Cengage Learning. Powered by Cognero.
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