Element of political malpractice requires the plaintiff

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Reference no: EM133519064

Question 1

The Office of Government Ethics (OGE) is an agency within the executive branch of government whose mission and goals is to foster high ethical standards for employees in the executive branch of government.

True

False

Question 2

The Code of Conduct does not provide guidance for judges on issues of judicial integrity and independence, judicial diligence and impartiality, permissible extra-judicial activities, and the avoidance of impropriety or even its appearance.

True

False

Question 3

Public policy is the principle of law that holds that no one can lawfully do that which tends to be injurious to the public or against the public good.

True

False

Question 4

According to the Fourteenth Amendment to the Constitution, a state cannot act to deny any person equal protection of the laws. If a state or a political subdivision of a state, whether through its executive, judicial, legislative branch, acts in such a way as to deny unfairly to any person the rights accorded to another, the amendment has been violated.

True

False

Question 5

Civil rights are those rights ensured by the U.S. Constitution and by the acts of Congress and the state legislatures.

True

False

Question 6

The Sherman Antitrust Act, named for its author, Senator John Sherman of Oklahoma, prescribes that every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states is declared to be illegal.

True

False

Question 7

The Privacy Act of 1950, title 4 United States Code (U.S.C.) 552, was enacted to safe guard individual privacy from the misuse of federal records, to give individuals access to records.

True

False

Question 8

The Health Insurance Portability and Accountability Act (HIPPAA) of 1996 (Public Law104-191) was designed to protect the privacy, confidentiality, and security of patient information.

True

False

Question 9

In 1995, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA), which forbids Medicare-participating hospitals from "dumping" patients out of emergency departments.

True

False

Question 10

The Health Care Quality Improvement Act of 1986 (HCQIA) was enacted in part to provide those persons giving information to professional review bodies and those assisting in review activities limited immunity from damages that may arise as a result of adverse decisions that affect a physician's medical staff privileges.

True

False

Question 11

The Agency for Healthcare Research and Quality (AHRQ), established in 1989, is charged with researching ways to improve the quality of health care, reduce its costs, and broaden access to essential services.

True

False

Question 12

In 1949, the Ethics in Patient Referral Act was enacted, prohibiting physicians who have an ownership interest or compensation arrangements with a clinical laboratory from referring Medicare patients to that laboratory.

True

False

Question 13

The Patient Self-Determination Act of 1990 (PSDA) was enacted to ensure that patients are informed of their rights to execute advance directives and refuse medical care.

True

False

Question 14

The Sarbanes-Oxley Act was signed by President George W. Bush on July 30, 2002, in response to the Enron debacle and high-profile cases of corporate financial mismanagement.

True

False

Question 15

The PPACA was designed to limit medical insurance coverage to Americans that did not already have it by offering expensive and comprehensive rates through a newly created Health Insurance Marketplace, providing subsidies to individuals based on ability to pay.

True

False

Question 16

Political malpractice is negligent conduct by an elected or appointed political official.

True

False

Question 17

The first element necessary to prove political malpractice requires that the plaintiff/s be able to establish there is a duty to care.

True

False

Question 18

The third element to prove political malpractice requires proof of harm

True

False

Question 19

The fifth element to prove political malpractice requires proof of a causal connection between the politician's breach of duty and harm suffered.

True

False

Question 20

The second element of political malpractice requires the plaintiff to prove that the duty to care was breached

True

False

Question 21

The OCE is not able to provide advice or education on the rules and standards of conduct applicable to members, officers, and employees of the house.

True

False

Question 22

The U.S. Senate Select Committee on Ethics consists of 12 members of Senate, of whom three shall be selected from members of the majority party and three shall be selected from members of the minority party.

True

False

Question 23

If a state or a political subdivision of a state, whether through its executive, judicial, or legislative branch, acts in such a way as to deny unfairly to any person the rights accorded to another, the amendment has been violated.

True

False

Question 24

Discrimination in the admission of patients and segregation of patients on racial grounds is not prohibited in any organization receiving federal financial assistance.

True

False

Question 25

In the Sherman Antitrust Act, those who attempt to monopolize, combine, or conspire with any other person or persons to monopolize any part of the trade or commerce can be deemed guilty of a felony.

True

False

Reference no: EM133519064

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