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100 Cards in this Set
- Front
- Back
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What is also known as case law?
a. constitutional law b. judicial law c. statutory law d. criminal law |
judicial law
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The party that presents evidence to disprove or disprove wrongdoing is the:
a. plaintiff b. defendant c. legislative branch d. judge |
defendant
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Criminal law is a type of:
a. civil law b. private law c. public law d. administrative law |
public law
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The United States Code is:
a. administrative law b. common law c. statutory law d. judicial law |
statutory law
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Under the conceptof stare decisis:
a. higher courtslook to lower courts b. courts look tocourts of the same tier in other states c. courts can onlylook to the U.S. Supreme Court d.lower courts look to higher courts |
lower courts look to higher courts
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A federal court has legal control over cases involving federal statutes. This legal control is referred to as:
a. jurisdiction b. precedent c. power d. stare decisis |
jurisdiction
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This legal doctrine limits excessive litigation by prohibiting subsequent lawsuits about the same matters and involving the same parties once a decision has been made and all appeals have been exhausted:
a. separation of powers b. res judicata c. general jurisdiction d. writ of certiorari |
res judicata
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One restriction involving diversity jurisdiction is:
a. the amount in controversy cannot exceed $40,000 b. the case must relate to the U.S. Constitution c. no plaintiff can be from the same state as any of the defendants d. the parties must have first attempted arbitration |
no plaintiff can be from the same state as any of the defendants
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A medical malpractice case is submitted to a third party rather than being resolved in the court system. The third party makes a final decision regarding the case. This process is: a. mediation b. alternative dispute resolution c. deeming authority d. arbitration |
arbitration
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Which of the following is the lowest court in the tiered structure of the state court system in nearly every state? a. trial court b. appellate court c. supreme court |
trial court
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A legislative act passed by Congress is an example of: a. common law b. criminal law c. statutory law d. administrative law e. c and d |
statutory law
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The Centers for Disease Control and Prevention is located in the U.S.: a. Department of Health and Human Services b. Department of Health c. National Institutes of Health d. Health Resources and Services Administration |
Department of Health and Human Services
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In the federal court system, appellate courts are called: a. circuit courts b. appellate courts c. district courts d. none of the above |
circuit courts
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The Joint Commission issues standards that have the same legal authority as: a. regulations issued by an administrative agency b. a decision rendered by an appellate court c. a statute enacted by a legislature d. none of the above |
none of the above
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A legal matter was tried at the district court level and appealed to a federal appellate court. The case was appealed to the U.S. Supreme Court, which declined to hear it. When the Supreme Court declined the case, it: a. reviewed a petition for writ of certiorari b. granted cert c. denied cert d. refused to submit to mediation |
denied cert
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A medical malpractice appeal brought by Carol Dutt against Mercy Hospital has just concluded. The court reached a decision in favor of Mercy Hospital. The court’s written determination that outlined the facts of the case and the legal theories followed to reach its outcome is a(n): a. oral argument b. opinion c. synopsis d. argument |
opinion
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Federal trial courts are called: a. district courts b. appellate courts c. trial courts d. courts of limited jurisdiction |
district courts
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A lawsuit is brought against a government in a(n): a. appellate court b. trial court c. supreme court d. court of claims |
court of claims
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Appellate courts hear appeals on final judgments of: a. supreme court decisions b. trial court decisions c. federal courts d. none of the above |
trial court decisions
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The U.S. Congress follows the following model: a. bicameral b. bifurcated c. unicameral d. unilateral |
bicameral
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An agency that is heavily involved in combating Medicare and Medicaid fraud is:
a. Inspector General for Food and Drug Administration b. National Institutes of Health c. Inspector General for Health and Human Services d. All of the above |
Inspector General for Health and Human Services
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In general, if Virginia and Texas laws conflict:
a. Texas law is followed because it is the larger state b. Virginia law is followed because it is the older state c. Each state follows its own law d. The laws of each state must be reviewed by a federal court |
Each state follows its own law
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One or more advantage(s) of mediation over utilizing the court system to resolve a dispute is/are:
a. time savings b. cost savings c. increased privacy d. all of the above |
all of the above
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Deeming authority has been granted by the U.S. Department of Health and Human Services to the:
a. Conditions of Participation b. American Osteopathic Association c. U.S. Supreme Court d. Office of the Inspector General |
American Osteopathic Association
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The authority of the Joint Commission is most equivalent to that of the:
a. Commission on Accreditation of Rehabilitation Facilities b. Code of Federal Regulations c. Court of Claims d. constitutions of the 50 states |
Commission on Accreditation of Rehabilitation Facilities
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Private law defines rights and duties between individuals and the government.
True or False |
False
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Statutes are enacted by legislative bodies.
True or False |
True
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Administrative law is created by court decisions.
True or False |
False
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Persuasive authority occurs when a court looks to another court’s decision for guidance, even if it is not required to do so.
True or False |
True
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Under the theory of stare decisis, a higher court must look to the decision of a lower court.
True or False |
False
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Jurisdiction is a territory of legal control.
True or False |
True
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The U.S. Congress is a bicameral model.
True or False |
True
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Federally, ultimate executive branch power rests with the President.
True or False |
True
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Under the theory of separation of powers, each branch of government is given expanded powers.
True or False |
False
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Judicial disputes may arise from constitutional challenges to existing laws.
True or False |
True
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Appellate courts hear appeals on final judgments of trial court decisions.
True or False |
True
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An opinion is the written argument of one of the parties in a lawsuit.
True or False |
False
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Courts of limited jurisdiction hear cases pertaining to a particular subject matter.
True or False |
True
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Diversity jurisdiction enables parties from different states to engage in a lawsuit in federal court.
True or False |
True
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In mediation, a third party makes a final decision about a dispute between parties.
True or False |
False
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Administrative Agency |
An executive branch agency; source of administrative law |
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Administrative Agency Tribunal |
A form of alternative dispute resolution in which a tribunal is created by statute or the Constitution to hear a dispute arising from administrative law |
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Alternative dispute resolution |
Ways of resolving a dispute or lawsuit other than through the court system, including arbitration, mediation, or resolution through an administrative agency |
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Appellate courts |
Courts that hear appeals on final judgments of the state trial courts or federal trial courts |
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Arbitration |
A form of alternative dispute resolution in which a dispute is submitted to a third party or a panel of experts outside the judicial trial system |
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Brief |
A legal document prepared by each party's attorney for a case heard before an appellate or supreme court |
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Case law |
The body of law that is created when, as the result of a dispute, a court renders a decision |
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Circuit courts |
Federal appellate courts distribured throughout the US, including the District of Columbia and US territories, so that each court represents a specific number of the district courts |
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Civil law |
Noncriminal law |
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Code of Federal Regulations (CFR) |
A publication of the regulations issued by administrative agencies, or administrative laws |
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Common law |
The body of law (that is, judicial or case law) that is created when a court renders a decision as the result of a dispute |
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Conditions of Paritcipation |
The standards that govern providers receiving Medicare and Medicaid reimbursements |
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Conflict of laws |
An inconsistency between the laws of different states arising from a legal action that involves the territory of more than one jurisdiction |
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Constitution |
A document that defines and lays out the powers of a government; considered the supreme law of that government |
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Constitutional law |
Body of law that deals with the amount and types of power and authority that governments are given |
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Court of Claims |
A federal or state court in which legal actions against the government are brought |
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Criminal law |
A type of law in which the government is a party prosecuting an accused who has been charged with violating a criminal statute or regulation |
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Department of Health and Human Services (HHS) |
The federal agency that oversees Medicare, Medicaid, and other health and essential human services |
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District courts |
The first and lowest level in the federal court system |
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Diversity jurisdiction |
A form of court that enables parties from different states to engage in a lawsuit in federal court if the suit fulfills the following obligations: (1) no plaintiff can be from the same state as any of the defendants and (2) the amount in controversy must be at least $75,000 |
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Due process of law |
The guarantee provided under the Constitution and the Bill of Rights that laws will be reasonable and not arbitrary and allow for challenges to a law's content and substance |
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Executive branch |
The branch of government charged with enforcing laws, including the issuance of regulations by administrative agencies, with ultimate executive-branch power vested in the chief executive (the president of the US on the federal level and the governor of each state at the state level) |
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General jurisdiction |
Courts that hear more serious criminal cases (for example, felonies) or civil cases that involve large amounts of money; may hear all matters of state law except for those cases that must be heard in courts of special jurisdiction |
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Judicial branch |
The branch of government responsible for interpreting the law and adjudicating disputes, this creating common law |
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Judicial law |
The body of law created as a result of court (judicial) decisions |
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Jurisdiction |
The legal authority that a body possesses to make decisions |
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Legislative branch |
The branch of government charged with enacting laws in the form of statutes through the Senate and the House of Representatives |
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Limited jurisdiction |
Refers to courts that hear cases pertaining to a particular subject matter (for example, landlord-tenant or juvenile cases), that involve crimes of lesser severity (for example, misdemeanors), or involve civil matters of lesser dollar amounts |
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Mediation |
A form of alternative dispute resolution in which a dispute is submitted to a third party and the outcome is decided by agreement of the parties |
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Opinion |
A court's written determination that outlines the facts of the case and the legal theories followed in reaching an outcome |
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Oral argument |
The form of argument used, instead of a trial, in appellate courts, state supreme courts, US circuit courts, and the US Supreme Court |
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Persuasive authority |
The principle by which courts that are not bound by precedent to follow one another may nonetheless look to one another's decisions for guidance |
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Petition for writ of certiorari |
The process by which a party submits a request for the Supreme Court to hear a case |
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Precedent |
A legal doctrine stating that local courts within a court system are bound to follow (apply) the decisions of higher courts in the same court system in order to determine the outcome of a case, as long as the fact pattern of the case in the higher ocourt is similar to that of the current case; also known as stare decisis |
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Private law |
The branch of law concerned with the rules and principles that define rights and duties among people and among private businesses |
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Public law (PubL) |
The branch of law concerned with the federal, state, or local government and its relationship to individuals and business organizations; the most familiar form of public law is criminal law |
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Res judicata |
Latin for "a matter already judged"; a legal doctrine that bars litigation between the same parties on matters already determined in a former lawsuit |
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Separation of powers |
Among the three branches of federal and state governments, the authority of each is limited in order to inhibit the ability of any one branch of government to become autocratic |
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Special jurisdiction |
A type of court in which particular areas of the law have been carved out for resolution (for example, small claims, domestic relations, juvenile, or probate courts) |
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Strare decisis |
Latin for "Let the decision stand"; a legal doctrine stating that local courts within a court system are bound to follow (apply) the decisions of higher courts in the same court system in order to determine the outcome of a case, as long as the fact pattern of the case in the higher court is similar to that of the current case |
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State action |
When a private entity such as a hospital takes on the characteristics of a public organization; the private organization is then held to government standards such as due process |
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Statutory law |
Law based on statutes, which are created by the legislative branch of the government (the House of Representatives and the Senate) |
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Subject matter jurisdiction |
A form of jurisdiction based on the content or substantive area of the case being brought |
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Supremacy Clause |
A clause of the US Constitution that states that federal law is supreme over any conflicting state law |
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Supreme Court |
The highest court in the US legal system; hears cases from the US Courts of Appeals and the highest state courts when federal statutes, treaties, or the US Constitution in involved |
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Trial courts |
The first and lowest level of the US federal court system or of a state court system |
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Unites States Code (USC) |
The compilation of all federal statutes |
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What are the 4 sources of law? |
Constitutions, statutes, administrative law, common law |
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What does the Legislative branch of the government do? |
creates statutory laws |
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Who makes up the Legislative branch of the government? |
House of Representatives and the Senate |
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How is law divided in the US? |
Public law and Private law |
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What is the most familiar type of public law? |
criminal law |
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What is public law that is non-criminal? |
civil law |
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What are other names for common law? |
judicial law or case law |
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What does adjudicate mean?
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to make an official decision about who is right in a dispute
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In the US Code, What are the title numbers for: The President Hospitals and Asylums The Public Health and Welfare |
3, 24, 42 |
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How does the court system in the state of MS flow? |
*Municipal Court = ex: - Traffic ticket *Justice Court = ex: - civil cases less than $3,500 (misdemeanor or criminal) *Chancery Court = ex: felonies, domestic, divorce *Circuit Court = ex: criminal and civil cases over $3,500 |
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How are trials in MS Chancery Court's usually handled? |
Trials are typically heard by a chancellor without a jury, although state law allows parties to request a jury in Chancery Court
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What is a plantiffs role in the court room? |
he/she presents evidence that supports allegations of the defendant's wrongdoing |
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Where are probate issues heard and addressed in the MS court system? |
chancery court
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