Medical Law And Ethics Final Exam

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Medical Law And Ethics Final Exam - Quiz

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Questions and Answers
  • 1. 

    _____ is the expectation that your individual rights will be protected.

    • A.

      Due process

    • B.

      Standard of care

    • C.

      Duty of care

    • D.

      Good Samaritan laws

    Correct Answer
    A. Due process
    Explanation
    Due process refers to the expectation that an individual's rights will be protected. It ensures that everyone is treated fairly and has the opportunity to present their case before a neutral decision-maker. This principle is fundamental to the legal system and aims to prevent arbitrary or unjust actions by the government or other authorities. It guarantees that individuals have the right to notice, a fair hearing, and the opportunity to defend themselves. Due process is a cornerstone of democratic societies and helps safeguard individual liberties and prevent abuse of power.

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  • 2. 

    _____ is the ability to understand someone without actually experiencing what they have experienced.

    • A.

      Empathy

    • B.

      Sympathy

    • C.

      Integrity

    • D.

      Beneficence

    Correct Answer
    A. Empathy
    Explanation
    Empathy is the ability to understand someone without actually experiencing what they have experienced. It involves putting oneself in another person's shoes and trying to understand their emotions and perspectives. Empathy allows individuals to connect with others on a deeper level and offer support and understanding. It is different from sympathy, which involves feeling sorry for someone without truly understanding their feelings. Integrity and beneficence are unrelated to the ability to understand others without experiencing their experiences.

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  • 3. 

    Someone who is _____ is inclined to sue.

    • A.

      Vendictive

    • B.

      Litigious

    • C.

      Greedy

    • D.

      Maleficent

    Correct Answer
    B. Litigious
    Explanation
    A person who is litigious is inclined to sue. Litigious individuals are prone to initiating legal actions or lawsuits, often seeking legal resolutions for disputes or grievances. This trait suggests a tendency to resort to legal measures to settle conflicts, indicating a readiness to engage in legal proceedings.

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  • 4. 

    _____ varies by state and defines what the "practice of medicine" is for that state.

    • A.

      Medical Practice Acts

    • B.

      Good Samaritan Laws

    • C.

      Vital statistics

    • D.

      Reciprocity

    Correct Answer
    A. Medical Practice Acts
    Explanation
    Medical Practice Acts vary by state and define what the "practice of medicine" is for that state. These acts outline the legal requirements and regulations that healthcare professionals must adhere to in order to practice medicine within a specific state. They define the scope of practice, licensing requirements, and disciplinary actions for healthcare professionals. Medical Practice Acts help protect the public by ensuring that healthcare providers are qualified and competent to provide medical care.

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  • 5. 

    A _____ is a past case that serves as a future model.

    • A.

      Precedent

    • B.

      Case study

    • C.

      Example

    • D.

      Summary judgement

    Correct Answer
    A. Precedent
    Explanation
    A precedent is a past case that serves as a future model. It means that when a court makes a decision on a particular legal issue, that decision becomes a precedent that other courts can follow in similar cases. Precedents provide guidance and establish a legal principle that should be followed in future cases with similar facts or legal issues. They help ensure consistency and predictability in the legal system.

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  • 6. 

    _____ ensures that no one branch of the government can have more power than another.

    • A.

      Check and balances

    • B.

      Bipartisanship

    • C.

      The democratic party

    • D.

      The republican party

    Correct Answer
    A. Check and balances
    Explanation
    The concept of checks and balances ensures that no one branch of the government can have more power than another. This system is designed to prevent any one branch from becoming too dominant and potentially abusing its power. It allows each branch to limit the actions of the other branches, creating a system of accountability and preventing any one branch from becoming too powerful. This system is a fundamental principle of democratic governance and helps to maintain a balance of power within the government.

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  • 7. 

    _____ law involves one citizen vs. another citizen and usually results in monetary damages.

    • A.

      Civil

    • B.

      Criminal

    • C.

      Administrative

    • D.

      Contract

    Correct Answer
    A. Civil
    Explanation
    Civil law involves disputes between individuals or entities, rather than crimes committed against society. It typically deals with private matters such as contracts, property, and personal injury. In civil cases, the plaintiff seeks monetary compensation or other forms of relief from the defendant for the harm caused. This is in contrast to criminal law, which involves offenses against the state and can result in penalties such as imprisonment. Administrative law pertains to the actions and decisions of government agencies, while contract law governs agreements between parties.

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  • 8. 

    _____ is the study of good vs. evil.

    Correct Answer
    Ethics, Ethic, ethics, ethic
    Explanation
    Ethics is the study of good vs. evil. It is the branch of philosophy that deals with moral principles and values, and seeks to determine what is right and wrong, good and bad. By examining ethical theories and concepts, individuals can gain a deeper understanding of the principles that guide human behavior and decision-making. The repetition of the word "ethics" and "ethic" in the answer options may be a typographical error or a deliberate attempt to confuse, but the correct answer is "Ethics."

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  • 9. 

    Man-made rules for the protection of society are called _____.

    Correct Answer
    Laws, laws, Law, law
    Explanation
    Man-made rules that are established to protect society and maintain order are known as laws. Laws are a set of regulations and guidelines that are enforced by a governing authority to ensure the safety, rights, and well-being of individuals within a society. These laws help in maintaining social order, resolving disputes, and providing a framework for justice and equality. The repetition of "laws" and "law" in the answer options emphasizes the concept of multiple rules and regulations that collectively form the legal system.

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  • 10. 

    Medical etiquette are standards of _____ behavior.

    Correct Answer
    professional
    Explanation
    Medical etiquette refers to the set of standards and guidelines that govern the professional behavior of healthcare professionals. These standards ensure that healthcare providers maintain a high level of professionalism in their interactions with patients, colleagues, and the broader healthcare community. Adhering to medical etiquette helps to establish trust, respect, and effective communication between healthcare providers and patients, ultimately enhancing the quality of care provided.

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  • 11. 

    Stare decisis means let the _____ stand.

    Correct Answer
    decision
    Explanation
    Stare decisis is a legal principle that means "to stand by things decided." It is the practice of following and adhering to previous court rulings and decisions. In this context, "decision" is the correct answer because stare decisis essentially means to let the previous decision stand and be binding on future cases with similar facts or legal issues. This principle ensures consistency, predictability, and stability in the legal system.

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  • 12. 

    Preponderance of the _____ is the less stringent standard by which civil cases are held; it means that more likely than not the incident did occur.

    Correct Answer
    evidence
    Explanation
    Preponderance of the evidence is the less stringent standard by which civil cases are held. This means that in order to prove a case, the evidence presented must show that it is more likely than not that the incident did occur. In other words, the evidence should tip the scales slightly in favor of one party's argument. This standard is different from the "beyond a reasonable doubt" standard used in criminal cases, where the evidence must be much stronger and leave no reasonable doubt in the minds of the jurors.

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  • 13. 

    _____ law concerns promises and agreements.

    • A.

      Civil

    • B.

      Criminal

    • C.

      Contract

    • D.

      Good Samaritan

    Correct Answer
    C. Contract
    Explanation
    Contract law is the correct answer because it specifically deals with promises and agreements. This branch of law governs the formation and enforcement of contracts, which are legally binding agreements between two or more parties. It sets out the rights and obligations of the parties involved and provides remedies in case of a breach of contract. Contract law is essential in ensuring that parties can rely on the promises and agreements they make, and it provides a framework for resolving disputes that may arise from these agreements.

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  • 14. 

    A _____ is a civil injury.

    • A.

      Tort

    • B.

      Misdemeanor

    • C.

      Felony

    • D.

      Blue collar crime

    Correct Answer
    A. Tort
    Explanation
    A tort is a civil injury, referring to a wrongful act or omission that causes harm or loss to another person. Unlike criminal offenses such as misdemeanors or felonies, which are prosecuted by the government, torts are typically resolved through civil lawsuits where the injured party seeks compensation for the damages suffered. Therefore, a tort can be considered a type of civil injury.

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  • 15. 

    _____ is spoken false or malicious words that injur a reputation.

    • A.

      Slander

    • B.

      Libel

    • C.

      Assault

    • D.

      Battery

    Correct Answer
    A. Slander
    Explanation
    Slander refers to the act of speaking false or malicious words that harm someone's reputation. It involves making false statements orally with the intention of damaging someone's character or reputation. Libel, on the other hand, refers to the act of spreading false or malicious information through written or printed words. Assault and battery are physical acts of violence and do not involve spoken words that harm reputation.

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  • 16. 

    _____ is written, print, or pictures that injur a reputation.

    • A.

      Libel

    • B.

      Slander

    • C.

      Assault

    • D.

      Usery

    Correct Answer
    A. Libel
    Explanation
    Libel refers to written, printed, or pictorial statements that harm someone's reputation. Unlike slander, which is spoken defamation, libel involves the dissemination of damaging information through written or printed media. Assault, on the other hand, refers to physical harm or the threat of physical harm, while usury refers to the illegal practice of charging excessive interest rates on loans. Therefore, libel is the correct answer as it specifically pertains to damaging statements made in written or printed form.

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  • 17. 

    Fraudulent is defined as the attempt to _____ another person.

    • A.

      Deceive

    • B.

      Help

    • C.

      Harm

    • D.

      Defy

    Correct Answer
    A. Deceive
    Explanation
    Fraudulent is an adjective that describes an action or behavior intended to deceive or trick someone. It involves dishonesty and the intention to mislead or cheat another person. Therefore, the correct answer is "deceive," as it accurately reflects the definition of fraudulent.

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  • 18. 

    The illegal appropriation of property is called _____.

    • A.

      Grand larceny

    • B.

      Larceny

    • C.

      Embezzelment

    • D.

      Petty theft

    Correct Answer
    C. Embezzelment
    Explanation
    Embezzlement refers to the illegal act of misappropriating or stealing someone else's property, usually funds or assets, that have been entrusted to the perpetrator. Unlike larceny, which involves the unlawful taking of someone else's property without permission, embezzlement occurs when a person who has been entrusted with someone else's property intentionally and fraudulently uses or converts it for personal gain. Grand larceny and petty theft are also forms of property theft, but they do not specifically involve the misappropriation of entrusted property like embezzlement does.

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  • 19. 

    _____ torts are injuries caused by not exercising due standard of care.

    • A.

      Unintentional

    • B.

      Intentional

    • C.

      Illegal

    • D.

      Unethical

    Correct Answer
    A. Unintentional
    Explanation
    Unintentional torts refer to injuries that occur as a result of negligence or failure to exercise a reasonable standard of care. These torts are unintentional because the harm caused was not intended, but rather a consequence of the defendant's careless actions. In contrast, intentional torts involve deliberate harm or wrongdoing, while illegal and unethical actions may or may not result in tort liability depending on the specific circumstances. Thus, the correct answer is "Unintentional" because it accurately describes torts caused by a lack of due care.

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  • 20. 

    _____ of contract is neglecting to uphold that contract.

    • A.

      Breach

    • B.

      Nullification

    • C.

      Voiding

    • D.

      Dissolution

    Correct Answer
    A. Breach
    Explanation
    Breach of contract refers to the act of failing to fulfill the obligations stated in a contract. It occurs when one party neglects or violates the terms and conditions agreed upon in the contract. This breach can be in the form of non-performance, late performance, or inadequate performance. The other options, nullification, voiding, and dissolution, do not accurately capture the concept of neglecting to uphold a contract.

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  • 21. 

    Consideration is something of _____.

    Correct Answer
    value
    Explanation
    Consideration is something that holds worth or importance. It refers to the act of taking into account or giving attention to something. In this context, the word "value" aligns perfectly with the concept of consideration, as it signifies the worth or significance of something.

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  • 22. 

    You are _____ if you are of sound mind and body.

    • A.

      Lucid

    • B.

      Competent

    • C.

      Impotent

    • D.

      Potent

    Correct Answer
    B. Competent
    Explanation
    If someone is "of sound mind and body," it means that they are mentally and physically healthy and capable. The word "competent" aligns perfectly with this meaning as it refers to someone who has the necessary abilities, skills, and knowledge to perform a particular task or fulfill a certain role. Therefore, "competent" is the correct answer in this context.

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  • 23. 

    An _____ contract is an agreement that clearly states all terms; oral or written.

    • A.

      Implied

    • B.

      Expressed

    • C.

      Informed

    • D.

      Uninformed

    Correct Answer
    B. Expressed
    Explanation
    An expressed contract is an agreement that clearly states all terms, whether it is communicated orally or in writing. This means that both parties involved are fully aware of and understand the terms and conditions of the contract. Unlike an implied contract, which is based on the actions and conduct of the parties involved, an expressed contract explicitly outlines the rights and obligations of each party. Therefore, the correct answer is expressed.

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  • 24. 

    _____ laws are rules that are supposed to protect the public.

    • A.

      Criminal

    • B.

      Civil

    • C.

      Tax

    • D.

      Contract

    Correct Answer
    A. Criminal
    Explanation
    Criminal laws are rules that are supposed to protect the public by defining and prohibiting behavior that is considered harmful or dangerous to society. These laws are enforced by the government and violations can result in penalties such as fines, probation, or imprisonment. Criminal laws cover a wide range of offenses, including theft, assault, murder, and drug trafficking, with the aim of maintaining public safety and order.

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  • 25. 

    _____ contracts are agreements that are shown by inference, by signs, inaction, or silence.

    Correct Answer
    Implied, implied
    Explanation
    Implied contracts are agreements that are not explicitly stated or written, but are instead understood or inferred from the actions, behavior, or circumstances of the parties involved. These contracts are based on the principle that parties should be held accountable for their actions and commitments, even if they are not explicitly stated in a formal contract. Implied contracts can be created through signs, inaction, or silence, where the parties involved demonstrate their intention to enter into a contractual relationship without explicitly stating it. Therefore, the correct answer is "implied, implied".

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  • 26. 

    A _____ is a crime that is punishable by death or imprisonment for more than one year.

    • A.

      Felony

    • B.

      Misdemeanor

    • C.

      Traffic violation

    • D.

      Tax evasion

    Correct Answer
    A. Felony
    Explanation
    A felony is a crime that is punishable by death or imprisonment for more than one year. This type of crime is considered more serious than a misdemeanor, which typically carries a lesser punishment. Traffic violations and tax evasion are not necessarily classified as felonies, as they do not usually result in punishments of death or imprisonment for more than one year.

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  • 27. 

    A _____ is a less serious crime which is punishable by fines or imprisonment for less than one year.

    • A.

      Felony

    • B.

      Misdemeanor

    • C.

      Treason

    • D.

      Tax evasion

    Correct Answer
    B. Misdemeanor
    Explanation
    A misdemeanor is a less serious crime that carries a punishment of fines or imprisonment for less than one year. This type of offense is considered less severe than a felony, which typically involves more serious crimes and longer prison sentences. Examples of misdemeanors include petty theft, simple assault, and driving under the influence. Treason refers to betraying one's country, while tax evasion specifically refers to the illegal avoidance of paying taxes.

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  • 28. 

    Beyond a _____ doubt is a stricter standard by which criminal evidence is proved.

    Correct Answer
    reasonable
    Explanation
    The term "beyond a reasonable doubt" is a legal standard used in criminal cases to determine the level of proof required for a conviction. It means that the evidence presented must be so strong and convincing that there is no reasonable doubt in the minds of the jury or judge regarding the defendant's guilt. This standard is stricter than a mere "reasonable doubt," as it requires a higher level of certainty to establish guilt.

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  • 29. 

    Withdrawing medical care from a patient without providing sufficient notice to the patient is called _____.

    • A.

      Abandonment

    • B.

      Withdrawing from the patient/doctor contract

    • C.

      Felony withdrawal

    • D.

      Misdemeanor withdrawal

    Correct Answer
    A. Abandonment
    Explanation
    Abandonment refers to the act of withdrawing medical care from a patient without giving them adequate notice. This can occur when a healthcare provider terminates the patient-doctor relationship without providing the necessary time for the patient to find alternative care. Abandonment is considered unethical and can have serious consequences for both the patient and the healthcare provider.

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  • 30. 

    When a noncompliant patient leaves a hospital without a physician's permission, it is known as _____.

    • A.

      Against medical advice (AMA)

    • B.

      Refusal to consent (RTC)

    • C.

      Right to self-determination (RSD)

    • D.

      Against doctors orders (ADO)

    Correct Answer
    A. Against medical advice (AMA)
    Explanation
    When a patient decides to leave a hospital without the permission of their physician, it is referred to as "against medical advice" (AMA). This means that the patient is choosing to disregard the recommendations and instructions of their healthcare provider, potentially putting their health at risk. This term is used to document and communicate the patient's decision to leave the hospital without following the prescribed course of treatment.

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  • 31. 

    The various methods by which a patient has the right to self-determination prior to a medical necessity is known as a(n) _____ directive.

    Correct Answer
    advance
    Explanation
    The term "advance directive" refers to the various methods that allow a patient to exercise their right to self-determination before a medical necessity arises. It enables individuals to express their healthcare preferences in advance, ensuring that their wishes regarding treatment and care are respected even if they become unable to communicate or make decisions in the future. Advance directives can include documents such as living wills, healthcare proxies, and do-not-resuscitate orders. These directives provide guidance to healthcare providers and ensure that patients' autonomy and preferences are honored.

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  • 32. 

    _____ is the voluntary agreement that a patient gives to allow a medically trained person permission to touch, examine, and perform a treatment.

    • A.

      Consent

    • B.

      Permission

    • C.

      Authority

    • D.

      Guardianship

    Correct Answer
    A. Consent
    Explanation
    Consent is the voluntary agreement given by a patient to allow a medically trained person to touch, examine, and perform a treatment. It is an important aspect of medical ethics and ensures that patients have the autonomy to make decisions about their own bodies and healthcare. Without consent, medical professionals would not have the legal and ethical authority to provide treatment or perform procedures on patients.

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  • 33. 

    _____ consent is an agreement that is made through inference by signs, inaction, or silence.

    • A.

      Implied

    • B.

      Informed

    • C.

      Expressed

    • D.

      Oral

    Correct Answer
    A. Implied
    Explanation
    Implied consent refers to an agreement that is not explicitly stated or verbally expressed but is understood through signs, inaction, or silence. In this type of consent, the individual's actions or lack of action indicate their agreement or acceptance of a situation or proposal. Unlike informed consent, which requires explicit knowledge and understanding of the terms, implied consent is inferred from the circumstances. Similarly, it differs from expressed consent, which is given explicitly through words or written communication. Implied consent is a common concept in legal and ethical contexts, particularly in situations where explicit consent may not be feasible or necessary.

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  • 34. 

    Consent granted by a person after the patient has received knowledge and understanding of potential risks and benefits is known as expressed or _____ consent.

    • A.

      Informed

    • B.

      Implied

    • C.

      Verbal

    • D.

      Written

    Correct Answer
    A. Informed
    Explanation
    Consent granted by a person after the patient has received knowledge and understanding of potential risks and benefits is known as informed consent. This type of consent is given when the individual has been provided with all the necessary information about the procedure, treatment, or intervention, including its potential risks and benefits. It ensures that the person is making an informed decision about their healthcare and allows them to actively participate in the decision-making process.

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  • 35. 

    In loco parentis is a person assigned by a _____ to stand in place of the parents and possess their legal rights and responsibilities toward the child.

    Correct Answer
    court
    Explanation
    In loco parentis refers to a person appointed by a court to assume the role and responsibilities of a parent for a child. This legal term grants the individual the authority and obligations typically held by the child's parents. They are expected to make decisions in the best interest of the child and provide care and guidance as a parent would.

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  • 36. 

    _____ authority occurs when the state takes responsibility from the parents for the core and custody of minors under the age of 18.

    • A.

      Parens patriae

    • B.

      Per diem

    • C.

      Responeat superior

    • D.

      Duces tecum

    Correct Answer
    A. Parens patriae
    Explanation
    Parens patriae is the correct answer because it refers to the authority of the state to take responsibility for the care and custody of minors under the age of 18 when the parents are unable or unwilling to fulfill their role. This concept allows the state to act in the best interests of the child and protect their rights and well-being.

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  • 37. 

    A _____ is the predicition for the course of a disease.

    • A.

      Prognosis

    • B.

      Diagnosis

    • C.

      Assessment

    • D.

      Evaluation

    Correct Answer
    A. Prognosis
    Explanation
    A prognosis is the prediction for the course of a disease. It refers to the expected outcome or forecast of how a disease will progress and the likelihood of recovery or worsening. Prognosis takes into account various factors such as the patient's medical history, symptoms, and response to treatment. It helps healthcare professionals and patients understand the potential outcomes and make informed decisions regarding treatment and management of the disease.

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  • 38. 

    The uniform Anatomical Gift Act is a _____ statute allowing persons 18 years and of sound mind to make a gift of any or all body parts to others or for research.

    • A.

      State

    • B.

      Federal

    • C.

      Constitutional

    • D.

      Administrative

    Correct Answer
    A. State
    Explanation
    The correct answer is state because the uniform Anatomical Gift Act is a state statute that allows individuals who are 18 years old and of sound mind to donate their body parts to others or for research purposes. This act is not a federal, constitutional, or administrative statute, as it pertains specifically to state laws regarding anatomical gifts.

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  • 39. 

    _____ is submitting a dispute for resolution to a person other than a judge.

    • A.

      Arbitration

    • B.

      Mediation

    • C.

      Capitation

    • D.

      Application

    Correct Answer
    A. Arbitration
    Explanation
    Arbitration is the correct answer because it refers to the process of submitting a dispute to a neutral third party, known as an arbitrator, who makes a final decision that is legally binding on both parties involved. This process is an alternative to going to court and having a judge make the final decision. Mediation, on the other hand, involves a mediator who helps facilitate communication and negotiation between the parties, but does not make a final decision. Capitation and application are unrelated terms and do not pertain to submitting a dispute for resolution.

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  • 40. 

    Assumption of ______ is a legal defense that prevents a plaintiff from recovering damages if the plaintiff voluntarily accepts a risk associated with the activity.

    • A.

      Risk

    • B.

      Terms

    • C.

      Prognosis

    • D.

      Treatment

    Correct Answer
    A. Risk
    Explanation
    The assumption of risk is a legal defense that prevents a plaintiff from recovering damages if they voluntarily accept a risk associated with the activity. This means that if a person willingly participates in an activity knowing the potential risks involved, they cannot later sue for damages if they are injured. This defense is based on the idea that individuals should be responsible for their own choices and decisions, including accepting the risks that come with certain activities.

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  • 41. 

    _____ is any injury caused by the defendant; usually a monetary award is given as compensation.

    Correct Answer
    Damages
    Explanation
    Damages refer to any injury caused by the defendant, which may include physical, emotional, or financial harm. In legal terms, damages are a form of compensation that is awarded to the plaintiff as a result of the defendant's actions. It is a monetary amount that is meant to help restore the plaintiff to the position they were in before the injury occurred. Damages can cover medical expenses, lost wages, pain and suffering, and other related costs.

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  • 42. 

    _____ is neglect, as in neglect of duty.

    • A.

      Dereliction

    • B.

      Duty

    • C.

      Direct cause

    • D.

      Damages

    Correct Answer
    A. Dereliction
    Explanation
    Dereliction refers to the act of neglecting one's duty or responsibility. It implies a failure to fulfill obligations or perform required tasks. In the context of the given question, dereliction is the appropriate term that conveys the meaning of neglect of duty.

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  • 43. 

    _____ cause is the continuous sequence of events, unbroken by any intervening cause, that produces an injury and without which the injury would not have occured.

    • A.

      Direct

    • B.

      Liable

    • C.

      Litigious

    • D.

      Maleficent

    Correct Answer
    A. Direct
    Explanation
    A direct cause is a continuous sequence of events that leads to an injury, without any intervening cause. In other words, it is the primary cause that directly results in the injury, and without it, the injury would not have occurred.

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  • 44. 

    _____ is obligation or responsibility.

    Correct Answer
    Duty
    Explanation
    Duty refers to an obligation or responsibility that one has towards a task, role, or relationship. It implies the moral or legal requirement to fulfill certain duties or perform specific actions. Duty often involves a sense of commitment, loyalty, and accountability towards fulfilling one's obligations and responsibilities. It is a term commonly used to describe the tasks or responsibilities that individuals have towards their job, family, community, or society as a whole.

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  • 45. 

    _____ is legal responsibility for one's own actions.

    • A.

      Liable

    • B.

      Maturity

    • C.

      Culpable

    • D.

      Credit

    Correct Answer
    A. Liable
    Explanation
    Liable is the correct answer because it means being legally responsible for one's own actions. It implies that an individual can be held accountable for the consequences of their behavior or decisions. Liable is often used in legal contexts to refer to someone who can be sued or held legally responsible for damages or wrongdoing.

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  • 46. 

    Malfeasance is performing a(n) _____ act.

    • A.

      Illegal

    • B.

      Legal

    • C.

      Incorrect

    • D.

      Inappropriate

    Correct Answer
    A. Illegal
    Explanation
    The word "malfeasance" itself implies the act of wrongdoing or misconduct. Therefore, it is clear that malfeasance refers to performing an illegal act.

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  • 47. 

    _____ is the improper performance of an otherwise proper or lawful act.

    • A.

      Feasance

    • B.

      Malfeasance

    • C.

      Misfeasance

    • D.

      Nonfeasance

    Correct Answer
    B. Malfeasance
    Explanation
    Malfeasance refers to the improper performance of an otherwise proper or lawful act. It involves the intentional wrongdoing or misconduct by a person in a position of authority or responsibility, such as a public official or corporate executive. This term is used to describe actions that are illegal, unethical, or in violation of the individual's duty or obligations. It implies that the act was deliberate and intentional, rather than accidental or unintentional.

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  • 48. 

    _____ is the failure to perform an action when it is necessary.

    • A.

      Misfeasance

    • B.

      Malfeasance

    • C.

      Nonfeasance

    • D.

      Feasance

    Correct Answer
    C. Nonfeasance
    Explanation
    Nonfeasance is the correct answer because it refers to the failure to perform an action when it is necessary. Misfeasance refers to the improper performance of an action, malfeasance refers to the intentional wrongdoing or illegal act, and feasance simply refers to the performance of an action.

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  • 49. 

    Res ipsa loquitur means the thing _____ for itself.

    • A.

      Speaks

    • B.

      Acts

    • C.

      Is responsible

    • D.

      Is liable

    Correct Answer
    A. Speaks
    Explanation
    The Latin phrase "res ipsa loquitur" translates to "the thing speaks for itself." This phrase is often used in legal contexts to refer to situations where the facts or evidence of a case are so clear and obvious that no further explanation or proof is needed. In these cases, the "thing" or evidence itself speaks volumes and is sufficient to establish liability or responsibility.

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  • 50. 

    Res judicata means the thing has been _____.

    • A.

      Ordered

    • B.

      Decided

    • C.

      Judged

    • D.

      Predetermined

    Correct Answer
    B. Decided
    Explanation
    Res judicata is a legal principle that refers to a matter that has already been decided by a court and cannot be re-litigated. Once a court has made a final decision on a particular issue, it is considered "decided" and cannot be reopened or challenged again. This principle promotes finality and certainty in legal proceedings, preventing parties from continuously litigating the same issue. Therefore, "decided" is the correct answer as it accurately reflects the meaning of res judicata.

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