Web viewTHE JURISPRUDENCE FINAL EXAM. Mock Test. INSTRUCTIONS for maximum effect: Print this test. Take this test without looking at the answer key. Sit down and take it at

Army-Baylor University ANSWER KEY Fall 2013

THE JURISPRUDENCE FINAL EXAM

Mock Test

INSTRUCTIONS for maximum effect:

Print this test. Take this test without looking at the answer key. Sit down and take it at one sitting, allowing yourself as much time as needed to do it straight through. Then open up the Answer Key and grade yourself. Now you know … what you don’t know … and can focus.

Afterwards, use it as a study guide. Good luck. The clock is ticking.

V

1. List the three branches of government and their function.

a. Executive Execute/Administers Law

b. Judicial Interprets Law

c. Legislative Creates laws / power of the purse or power to tax

2. What are the two main parts of the Constitution?

a. Main Body

b. Amendments

3. How does the Constitution grant power?

a. From the states to the federal government

4. What are the first ten amendments known as?

a. The Bill of Rights


5. Which amendment states :

"... Nor shall any state deprive any person of life, liberty, or property without

due process of law; nor deny to any person within its jurisdiction the equal

protection of the laws."

a. Fourteenth Amendment

6. How many federal circuit courts are there?

13

7. How many levels of appeal are there in the military court system?

a. 3

8. List the courts in the military court system from lowest to highest.

a. Service Specific Courts Martial (i.e. Army Courts Martial, Navy/Marine Courts Martial)

b. Service Specific Court of Military Criminal Appeals (i.e. Army Military Court of Criminal

Appeals

c. U.S. Court of Appeals for the Armed Forces

d. U.S. Supreme Court

9. What are the four levels of courts in the State System, from highest to lowest?

a. State Supreme Court

b. First Level Appellate Court

c. General Jurisdiction Trial Court

d. Limited Jurisdiction Inferior Courts


10. Fill in the boxes below to illustrate how the courts come together.

11. Define Precedent.

a. A case which stands as an authority, either for or against a point, in a later case;

advisory only, need not be followed


12. Define Stare Decisis.

a. Latin for “let the decision stand”; a legal doctrine holding that the ruling of a higher

court in the same chain or stovepipe will be followed by a court unless:

i. The circumstances have changed

ii. The earlier decision was wrong in the first place

13. Define Law.

a. A system of rules that defines socially acceptable behavior and sets punishments for

violations.

14. Name nine types of law (not counting Constitutional Law):

a. Statutory

b. Common

c. Administrative

d. Public

e. Private

f. Substantive

g. Procedural

h. Criminal

i. Civil

15. What is statutory law called at the local level?

a. Ordinance


16. What are two ways to tell if something is statutory law?

a. Has Statute in the title

b. Has the word Act

c. UCMJ

17. What does The Common Rule apply to?

a. Human subjects in research, clinical trials, physiological and behavioral studies

18. OSHA regulation, FDA regulations, DoD regulations, and The Common Rule are examples of

what type of law?

a. Administrative

19. Where does our system of law have its roots?

a. England

20. Are Criminal and Civil law mutually exclusive?

a. Yes

21. Who is harmed in a criminal case?

a. Society

22. What is the burden of proof in a criminal case?

a. Beyond reasonable doubt


23. What is the burden of proof in a civil case?

a. Preponderance of evidence

24. What are two major types of civil law?

a. Contracts

b. Torts

25. Does a gift qualify as a contract?

a. No. There is no mutual consideration. A contract requires something be exchanged for

another.

26. Indicate whether these types of law are Criminal, Civil, or Both.

a. General Criminal Law CRIMINAL

b. Tax Law BOTH

c. Contract Law CIVIL

d. Domestic relations CIVIL

e. Environmental Law BOTH

f. Military Law CRIMINAL

g. Conflict of Laws BOTH

h. Juvenile Law BOTH

i. Tort Law CIVIL

j. Probate Law CIVIL

27. Define Contract.


a. A legally binding agreement

28. Define Tort in its entirety.

a. A noncontractual, civil wrong committed against a person or person’s property, for

which a court may award a remedy in damages.

29. Name five parts of a civil lawsuit.

a. Complaint

b. Answer

c. Discovery

d. Trial

e. Appeal

30. At what phase in a civil lawsuit is there a Request for Admission?

a. Discovery

31. For each case, list whether it is Federal or State.

a. 15 S.W. 317 S

b. 8 P. 2nd 480 S

c. 37 F.Supp 11 F

d. 10 USC 980 F

e. 46 CFR 1486 F

f. 10 Cal Rptr 11 S

g. 62 S. Ct. 972 F

h. Va. Code S


i. 17 A 2nd 5 S

j. 14 U.S. 430 F

k. 56 F 2nd 723 F

l. 14 MJ 337 F

m. MO Stat. Ann. S

32. In the State and Regional Reporters, you will find only ____________ decisions.

a. Appellate

33. Define Contract.

a. A legally binding agreement

34. List the six elements of a contract.

a. Competent Parties

b. Legal Subject Matter

c. Offer

d. Acceptance

e. Consideration

f. Mutual Agreement

g. (and sometimes Required Form)

35. How is a contract different from a gift?

a. “A contract is a legally binding agreement between two parties, and a gift is not.”


36. What does the Objective Theory of Contracts ask?

a. “What would a reasonable person have intended?”

37. List five rules of interpretation:

a. Plain / Common Meaning Rule

b. Rule of Conflicting Provisions

c. Rule against ambiguities

d. Rule of severability

e. Parol evidence rule /exceptions

38. List nine types of defense:

a. Elemental

b. Performance

c. Impossibility

d. Frustration of Performance

e. Frustration of Purpose

f. Sovereign Immunity

g. Statute of Limitation

h. Release

i. Res judicata

39. With rules of ambiguities, who is the burden of proof upon?

a. The Author


40. What does the Parol Evidence Rule state?

a. If the contract on its face represents the intent of the party, outside factors cannot be

brought in. Nothing outside the contract may be used to change its terms if the

parties intended it to be the final and complete expression of their agreement.

41. What is a “good” defense?

a. A legally acceptable excuse.

42. What does Res Judicata mean?

a. “it has been decided” or “a matter judged”

43. Possessing a waiver would imply what type of defense?

a. Release

44. If the work has already been completed, what would the defense be?

a. Performance

45. Name five types of remedies.

a. Damages

b. Specific Performance

c. Rescission

d. Restitution

e. Reformation


46. What is the usual number of years for civil statute of limitation?

a. 4-6 years

47. List three types of compensatory damages:

a. General compensatory

b. Nominal

c. Special

48. Name two types of damages:

a. Compensatory

b. Punitive

49. What kind of damages were awarded in Dering v. Uris (1964)?

a. Nominal – a ha’penny – the smallest coin in the British Empire

50. What are three methods of classifying contracts?

a. By means of formation

b. By means of performance

c. By enforceability


51. Unilateral or Bilateral, Express or Implied, and Formal or Informal are all types of what type of

contract classification?

a. By means of formation

52. This type of contract requires only a promise. Is it Unilateral or Bilateral?

a. Bilateral

53. What are two ways of classifying a contract by performance?

a. Executed

b. Executory

54. When classifying contracts by enforceability, what are three subclassifications?

a. Valid

b. Void

c. Voidable

55. If an offer does not match the acceptance, what do you then have?

a. Counteroffer

56. If a party in not competent, either because of a lack of legal age or other reason, what is a

possibility if the other party still wishes to deal?

a. Ratification

57. Is an advertisement an offer?


a. No, it is an invitation to deal.

58. An offer must have sufficient ___________.

a. Specificity

59. What rule facilitates the use of trade language being applied in the contract.

a. Common meaning rule

60. The specific will govern over the general, and they handwritten will govern over the typed.

What rule ensures this?

a. Rule of Conflicting Provisions.

61. The transfer of rights to a third person is known as a(n) _______________________.

a. Assignment

62. The transfer of obligations to a third person is known as a(n) ____________________.

a. Delegation

63. What are two reasons that some duties cannot be delegated?

a. Performance depends on the personal skill or talent of the obligor.

b. Special trust has been placed in the obligor.

64. What are three types or classifications of contractual conditions?

a. Conditions precedent

b. Conditions subsequent


c. Concurrent conditions

65. What type of condition is this? “A condition that must be fulfilled before a party's

performance can be required.”

a. Conditions precedent

66. Covenants not to compete are also known as what?

a. Restrictive Covenants

67. What is the type of remedy if the judge does away with a contract, and the parties move to

abolish the contract?

a. Rescission

68. A judge orders a party to pay damages, and then to abolish the contract. What type of remedy

is this?

a. Restitution

69. Restrictive Covenants are frowned upon, but judged in terms of their reasonableness to:

a. Type of service

b. Length of time

c. Place (area of restriction)


70. Breach is the non-performance of duty. In the U.S. law, however, you are required to attempt to

__________ ____ _______________.

a. Mitigate your damages

71. What is the usual statute of limitations on state torts?

a. 2 years

72. What are two types of third party beneficiaries?

a. Intended beneficiaries

b. Incidental beneficiaries

73. A judge decides that a new contract must be written up. What type of remedy is this?

a. Reformation

74. What case is used as precedent that damages in a contract case must contain an element of

forseeability?

a. Hadley v. Baxendale (1854)

75. What type of damages may be awarded when there has been a technical breach, but little, if

any, actual loss?

a. Nominal damages


76. If a contract includes a contractual provision specifying a certain amount to be paid in the event

of a future breach, what kind of damages are these?

a. Liquidated

77. A judge adds money to the awarded amount.

a. Additur.

78. What are two types of intended beneficiary?

a. Donee

b. Creditor

79. Regarding sales contracts, what does UCC stand for?

a. Uniform Commercial Code

80. What does FAR stand for, in relation to government contracts?

a. Federal Acquisition Regulation

81. FAR is what type of law?

a. Administrative

82. When you sign a ________, you are giving up a right to something that you could otherwise

exercise.

a. Waiver


83. What does an Estoppel do?

a. Stops you from doing something

84. This term relates to contracting for a promised result, and is a term of art.

a. Contract to Cure

85. What is a major exception to the U.S. law that you have to mitigate damages?

a. You do not have to have an abortion or give up a child

86. What are the three types of torts?

a. Intentional

b. Negligent

c. Torts of strict Liability

87. What are the two parts of a tort?

a. Likelihood to do harm

b. The tort itself (definition of a tort)

88. What type of tort involves unleashing a dangerous instrumentality?

a. Tort of strict liability

89. List 8 types of intentional torts.

a. False imprisonment

b. Assault


c. Battery

d. Outrage

e. Defamation

f. Intentional infliction of emotional distress

g. Violation of the right to privacy

h. Abandonment

90. What are four elements of legally actionable negligence?

a. Duty

b. Negligent Breach of Duty

c. Injury

d. Causation

91. What are 5 types of negligent medical torts.

a. Failure to consult

b. Failure to refer

c. Failure to obtain informed consent

d. Abandonment

e. Breach of confidentiality

92. What are four types of Torts Against Property?

a. Conversion


b. Fraud

c. Interference w/Contractual Relations

d. Trespass

93. List 11 defenses to a tort.

a. Elemental

b. Good Samaritan

c. Res Judicata

d. Truth

e. Release

f. Satisfaction

g. Sovereign Immunity

h. Assumption of the Risk

i. Contributory Negligence

j. Comparative Negligence

k. Statute of Limitations

94. What does the American Theory of Damages dictate?

a. An amount of money necessary to make the injured party whole.


95. Name four types of damages in tort:

a. Special Damages

b. General Damages (includes Hedonic)

c. Nominal Damages

d. Punitive Damages

96. Cost of repairs, loss of earnings, impairment of earning capacity, medical expenses, and service

in the home are all examples of:

a. Special Damages

97. Give three examples of subjective factors that might inform award of General Damages.

a. Pain and Suffering

b. Physical Impairment

c. Loss of use

d. Visible Scarring

e. Loss of enjoyment of life

98. Loss of profit is to Contract, as ______ of _______ is to Tort.

a. Loss of Value

99. What is the medical standard of care for a respiratory therapist?


a. To act as a reasonable and prudent respiratory therapist would act under the same or

similar circumstances.

100. What case brought about the Locality rule/standard?

a. Small v. Howard (1880)

101. What rule brought about the national or professional rule/standard?

a. Brune v. Belinkoff (1968)

102. In terms of duty and negligent breach of duty….what is the duty?

a. The duty is to meet the standard of care.

103. Regarding the four elements of personal and corporate negligence, which element is

different?

a. None. They are the same.

Duty - negligent breach of duty – injury - causation

104. What does Respondeat Superior translate to?

a. Let the master answer. Goes hand in hand with vicarious liability.

105. What does Respondeat Superior do/imply?

a. Makes the employer liable.

106. What does the ostensible agent rule tell us?


a. If it looks like an agent, it is an agent.

107. Corporate liability can be because of two things. Individual error (individual

negligence/respondeat superior) or _____________ ______________.

a. System Failure (corporate negligence)

108. Does the Federal Tort Claims Act apply the principle of respondeat superior?

a. Yes.

109. What does Res Ipsa Loquitur translate to?

a. “The thing speaks for itself”

110. Is expert testimony required for Res Ipsa Loquitur? Why or why not?

a. No, expert testimony is not required. Laymen understand what is going on.

111. Res Ipsa Loquiter situations rely on three conditions:

a. The event would not ordinarily occur absent negligence.

b. Apparent / presumptive cause was within exclusive control of the defendant.

c. _____ _____________ __ _____ _______ __ _____ __________.

No negligence on the part of the plaintiff.

112. List four negligent patient outcomes that might be “RES IPSA” (speaks for itself)

situations.


a. Wrong limb or body part.

b. Wrong patient

c. Explosion or fire

d. Foreign body left in patient

113. What is the statute of limitations for the Federal Tort Claims Act?

a. 2 years

114. What is the limit on FTCA damages? What is the limit on punitive damages?

a. No limit on damages.

b. NO PUNITIVE DAMAGES with FTCA.

115. Name four circumstances when FTCA does not apply.

a. Intentional torts, except of law enforcement officers.

b. In foreign countries

c. Involving combatant activities

d. Service members injured incident to service or while exercising a military privilege

116. FTCA is to CONUS as __________ ________ ______ is to overseas.

a. Military Claims Act

117. What are the two parts of the Feres rationale? That is, why does the government bar

suit against the government by service members?

a. A system of compensation already exists


b. Necessary to maintain military discipline

118. Informed decision-making is a two-sided coin. What are the two sides?

a. Informed Consent

b. Informed Refusal

119. What was the key quote at the heart of Schloendorff v. Society of New York Hospital

(1914)?

a. "Every human being of adult years and sound mind has the right to determine

what shall be done with his own body.”

120. What is the difference between Consent and Assent?

a. Consent as used in health care means consent that is legally binding, Assent is

acquiescence or agreement that is not legally sufficient.

121. List the four elements of consent.

a. Decision-making capacity

b. Information

c. Voluntariness

d. Agreement/Request

122. What must be present in order to have decision-making capacity?


a. Legal age

b. Mental competence

123. Some say that in determining mental competence, we are relying on a “value base.”

What are three abilities that someone of legal age must possess in order to be mentally

competent?

a. Ability to take-in information

b. Ability to process information

c. Ability to communicate information

124. Consent cannot be _______________ and be voluntary; however, it can be

______________ and still be voluntary.

a. coerced; influenced

125. Give three examples of Advanced Directives.

a. DNR Orders

b. Durable Powers of Attorney

c. Living Wills

126. Name three of five instances (discussed in class) when Consent is not required.

a. Emergency

b. Therapeutic privilege

c. Treatment ordered by a court

d. Treatment required by law


e. Nonconsensual treatment permitted by law

127. When does a Durable Power of Attorney become effective?

a. Upon execution or the grantor’s loss of decision-making capacity

128. What are the four elements to refusal?

a. Decision-making capacity

b. Information

c. Voluntariness

d. Declination/Refusal

129. Regarding information needed to make a decision, what should be discussed with the patient? Informed consent…

a. The Procedure

b. Risks

c. Benefits

d. REASONABLE Alternatives – including the likely effect of no medical intervention

130. What are four important state interests, related to Informed Decision-Making and Right to Refuse treatment?

a. Preservation of life

b. Prevention of suicide

c. Protection of innocent third parties

d. Maintenance of the ethical integrity of the health care professions

131. When does a Durable Power of Attorney become effective?


a. Takes effect upon loss of grantor’s decision-making capacity, and recoils when capacity retunes- no minor or those w/o capacity

132. What does PSDA stand for in terms of this course?

a. Patient Self-Determination Act- Cruzan v. Director Missouri Department of HealthIf you accept Joint Commission you must comply with PDSA-

- Right to refuse care- Executing AD, advance directives- Institutional policies about these rights- Can not condition care on the execution or failure to execute an advance

directive- Must comply with state law about advance directives- Educate staff and community about ADs

133. True or False: The Joint Commission standards closely track the PSDA.

a. True

b. False

134. What are the two modalities or objectives of substituted decision-making?

a. Patient’s Best Interest

b. Surrogate’s substituted judgment

135. What two cases (discussed in this class) speak most to the notions of right to die?

a. Vacco (AG NY)v. Quill (1997)- Equal protection was not protected, public, case law – is it

criminal law

b. Washington (State) v. Glucksberg (1997)- Due process was not protected, public, case

law -

136. What is the definition of Death?

a. The act or process of dying; that which ends life.


137. Process is to dying as ________ is to dead.

a. state

138. What federal statute guides organ and tissue donation?

a. Uniform Anatomical Gift Act

139. All questions related to military autopsies should be directed to who?

a. Ask Armed Forces Medical Examiner (AFME) and/or JAG

140. Is the tort of a body of an individual who died while on active duty barred by Feres?

a. No. Dead bodies are not serving on active duty.

141. Which religious doctrine most affects our discussions and legislation of abortion in

America?

a. Catholic Doctrine

142. What is the prominent legal case that establishes when and under what conditions an

abortion is legally possible?

a. Roe v. Wade (1973)

143. What are two important state interests in relation to abortion?

a. The woman’s health

b. Protecting the potentiality of human life


144. What are the three phases of pregnancy in terms of Roe v. Wade and who has the

decision making power in terms of abortion related to each phase?

a. Conception to approximate end of first trimester / Decision up to the woman and her

physician

b. approx end of first trimester to viability / state may regulate abortion to protect the

woman’s health

c. viability to birth / state may regulate abortion to protect the potentiality of human life.

*State may even prohibit abortion except where it is necessary for the woman’s health

or life

145. When is the compelling point of human life?

a. Viability

146. Must a state fund 1st trimester abortions that are not or are not medically necessary?

And what case gives us the answer?

a. No. Maher v. Roe (1977)

147. What claim does the plaintiff in a Wrongful Life suit essentially make?

a. Alleging that because of birth defects, I (the child) should not have been born.

Wrongful life Wrongful birthChild's action Parents' actionAlleging: Because of birth defects, I (the child) should not have been born

Alleging: Tortfeasor’s negligent action or omission resulted in the birth of a child they would not have chosen to have

Child has mental / physical problems Child may have mental/physical problems or may be healthy

148. What case is the Nurnberg Code based on?


a. The U.S. v. Karl Brandt.Telford Taylor

149. Name some of the principal tenets of the Nurnberg Code.

a. Experiments must have scientific merit

b. Animal experimentation must be conducted first.

c. There should be a reasonable risk-benefit ratio.

d. Must have qualified researchers

e. MUST have informed consent of the subject

150. Does the Declaration of Helsinki allow for/permit substituted consent?

a. Yes, substituted consent is permitted

Distinction between clinical and non-clinical research (therapeutic and non-therapeutic), IRB, subjects right to privacy, accurate reporting of results.

151. What are the three ethical principles discussed in the Belmont Report?

a. Respect for persons (autonomy)

b. Beneficence

c. Justice

152. What does Primum Non Nocere require?

a. Requirement to do no harm.


153. What is nonmaleficence tempered by?

a. The Doctrine of Double Effect

154. In order to conduct research related to 10 USC 980, research using DoD funds requires

informed consent of the subject and:

a. That the research be beneficial to the subject

USC980- use of DOD funds

155. Would 10 USC 980 permit an experiment that used placebos on sick infants?

a. No. Research experiments must be beneficial to the subjects.

156. How many phases are there in clinical research?

a. 5. Phases 0 thru 4.

Phase 0 - very limited human subject exposure; not therapeutic or diagnostic; also known as a pilot studyPhase 1 - primarily toxicity; secondarily efficacy; maximum dosage; small, 20 - 80Phase 2 - effectiveness; side effects and toxicityPhase 3 - efficacy; risks - benefits; larger, several hundred - several thousandPhase 4 - post-marketing trial; risk, benefit, optimal use

157. What are the three foundational rules of medical record ownership?

a. Medical records are owned by a hospital, HMO, etc.

b. Patient has a privacy right

c. Patient has a property right

158. Which one of the below items does not qualify as a medical record?


a. Charts

b. Fetal heart tapes

c. X-Rays

d. Patient satisfaction survey

e. Photos

f. Computerized data

159. What are four privacy interests? Intrusions…

a. Physical and mental solitude- intrusion upon physical or mental solitude

b. Personal information- public disclosure of private facts

c. Freedom from false publicity- “false light” publicity

d. Name or likeness- appropriation of name or likeness for financial benefit or gain

160. “The protective privilege ends where the public peril begins.” Which case?

a. Tarasoff v. Regents of the University of California (1976) - HIV patient gives a ton of people the disease- doc can violate protective privilege for public god.

161. What does FOIA stand for?

a. Freedom of Information Act- right to ask the gov for information that they have about anything. IDA (Initial Denial Authority) can deny request

162. What are the three basic purposes of the Privacy Act?

a. To let individuals know what information government maintains about them

b. To allow individuals to collect erroneous information

c. To keep the information from those to whom it does not pertain

163. What does HIPAA stand for and when was it enacted?


a. Health Insurance Portability and Accountability Act (1996)

164. What does PHI stand for?

a. Protected Health Information

165. List the three primary antitrust laws.

a. Sherman Act

b. Clayton Act

c. Federal Trade Commission Act

166. What does Section 2 of the Sherman Act pertain to?

a. Monopolies

167. Conduct that is illegal regardless of the effect on competition is said to be:

a. per se

168. Most trade/competition is subject to the _________ __ __________, meaning that it

is permitted if its overall effect is to enhance competition for the benefit of consumers.

a. Rule of Reason

169. Violation of the Sherman Act is a _____________.

a. Felony


170. Antitrust issues typically arise in five contexts. What are they?

a. Relationships with competitors

b. Relationships with customers

c. Mergers and acquisitions

d. Monopolistic behavior

e. Exemptions from antitrust laws

171. Agreement not to do business with a supplier or customer, or to do business only with

certain suppliers or customers, may be an ________ _________.

a. Illegal boycott

172. True or False: Companies considering a merger are allowed to share information with

each other so that they can accurately evaluate their prospective business opportunity.

a. FALSE. Even during merger negotiations, the rules prohibiting the sharing of sensitive

business information by competitors must be followed.

173. The usual indicator of monopoly power is a higher market share, over _____ percent.

a. 60%

174. What federal statute prohibits a seller from discriminating between customers

regarding price, terms or promotional services, if the effect is to substantially lessen

competition or create a monopoly?

a. The Robinson-Patman Act (p.729)


175. Which of the following is NOT a type of price discrimination addressed by U.S. antitrust

laws?

a. A supplier sells widgets to stores owned by people who are over 40 for $100 each but

charges $200 to stores owned by people under 40.

b. A supplier sells widgets to “big-box” chain stores at $100 each but charges $200 to

small, independent stores.

c. A supplier sells widgets to all its customers at $150 each but includes promotional

materials free of charge for orders by its largest customers.

176. What are the two key rules set by Parker v. Brown (1943), which are known as the

Rule of Parker?

a. Clearly expressed state policy

b. Active state supervision

177. True of False: A pricing agreement between a supplier and a customer is always (“per

se”) illegal.

a. False. A list of categories of practices condemned.

178. What does PPACA stand for? What year was it passed?

a. Patient Protection and Affordable Care Act; 2010

179. In terms of Managed Care, what is a TPA?


a. Third Party Administrator

180. What does ERISA stand for?

a. Employee Retirement and Income Security Act

181. What are two main branches of civil law?

a. Tort

b. Contract

182. Who is the author of a government contract?

a. “The government!”

183. The Federal Tort Claims Act partially _____________ sovereign immunity.

a. Abrogated – means “limits”

184. Place a letter S($)or letter G next to damages for torts that are either Special or

General.

a. Loss of life’s pleasures. G

b. Cost for in-home nursing. S

c. Lost wages. S

d. Cost for ventilator therapy. S

e. Pain and suffering. G


185. What does Primum Non Nocere mean?

a. “First, do no harm”

186. What does IRB stand for?

a. Institutional Review Board- medical research section.

187. What are two most common remedies to a contract suit?

a. Damages

b. Specific Performance

188. Of the two remedies that you didn’t mention in Quest 187, name a third remedy.

a. Restitution; Rescission; Reformation

189. Can Criminal Law and Statute Law coexist?

a. Yes

190. Which four states have made the Right to Die or physician assisted death legal?

a. Oregon

b. Washington

c. Montana

d. Vermont

191. What does EMTALA stand for?


a. Emergency Medical Treatment and Active Labor Act

192. Are Contractors ostensible (if it looks like a duck…) agents (in terms of Respondent

Superior) of the government?

a. It depends. You have to look at the contract language. Military contract agents

193. What federal statute defines death?

a. Uniformed Determination of Death Act (UDDA): An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.State law, statutory AND public.

194. Patient X has PVS (breathing). Are they brain dead?

a. No. In this class brain death means that both cortical and brain stem function are gone.

Harvard criteria – no movement or breathing for one hour, no reflexes, flat EEG, body temp above 32c, absence of CNS depression, unresponsive, unreceptive.

195. True or False: The County Coroner must possess at least a basic medical degree.

a. FALSE

196. Who prosecuted the case in U.S. v. Karl Brandt (Hitler’s personal physician)?

a. Telford Taylor

Nuremberg code must have scientific merit, test animals first, reasonable risk benefits, qualified researchers, informed consent of the subjects and must be legal age and not incompetent.

197. What federal department administers/oversees The Common Rule?

a. Department of Health and Human Services (DHHS)


Covers Institutional Review Boards (IRB) and is administrative law.

198. DoD Privacy Rule requires that MTFs only disclose the ______________ ___________

necessary to perform functions such as determining Soldier’s fitness for duty, Soldier’s fitness to

perform any mission, or report on casualties in any military operation.

a. minimum information

199. What type of advanced directive has “springing power?”

a. Durable Power of Attorney. It springs into power when grantor becomes incapacitated.

If person wakes up, it “springs” back down….

Durable power of attorney is state statute law and regular POA is case lawPOA goes away when grantor is incapacitated.

200. Tucker Act is to _________________ law as FTCA is to ____________ law.

a. contract; tort

ALSO – memorize these 5 phases of research experiments below:

• MEMORIZE THIS:

• Phase 0 - very limited human subject exposure; not therapeutic or diagnostic

• Phase 1 - primarily toxicity; secondarily efficacy; maximum dosage; small, 20 – 80

• Phase 2 - effectiveness; side effects and toxicity

• Phase 3 - efficacy; risks – benefits; larger, several hundred – several thousand

• Phase 4 - post-marketing trial; risk, benefit, optimal use

Web viewTHE JURISPRUDENCE FINAL EXAM. Mock Test. INSTRUCTIONS for maximum effect: Print this test. Take this test without looking at the answer key. Sit down and take it at

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