How the Legal System Works Practice Questions

30 multiple-choice questions on How the legal system works for paramedic and EMT students, from Chapter 4 (Medical, Legal, and Ethical Issues). Read each question, pick your answer, then tap Show answer to check it and read the explanation.

30 practice questions

1. Which of the following is a source of law in the United States?

   1. A. Statutes, regulations, and court decisions
   2. B. Textbook standards and national curricula
   3. C. Hospital bylaws and medical staff rules
   4. D. Agency policy manuals and union contracts
   Show answer

   Answer: A. Statutes, regulations, and court decisions

   US law comes from constitutional, statutory, regulatory, and common (case) law. Common law comes from court decisions rather than legislatures.

2. Criminal law differs from civil law in that criminal cases:

   1. A. Require proof only by a preponderance of evidence
   2. B. Are brought by the injured patient seeking payment
   3. C. Result only in monetary damages to the victim
   4. D. Are prosecuted by the government on society's behalf
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   Answer: D. Are prosecuted by the government on society's behalf

   Criminal cases are offenses against society, and penalties can include imprisonment. A paramedic can face both a criminal charge and a civil suit for the same act.

3. A tort is:

   1. A. A crime prosecuted by the state against an offender
   2. B. A rule written by an agency to implement a statute
   3. C. A breach of a written employment or service contract
   4. D. A civil wrong that allows the injured party to sue
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   Answer: D. A civil wrong that allows the injured party to sue

   The injured party may seek damages for a tort. Negligence is the tort most relevant to EMS.

4. In a civil lawsuit, the person who brings the claim is the:

   1. A. Plaintiff
   2. B. Prosecutor
   3. C. Witness
   4. D. Defendant
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   Answer: A. Plaintiff

   The person being sued is the defendant.

5. The statute of limitations sets:

   1. A. The time limit for filing a lawsuit
   2. B. The cap on damages a jury may award
   3. C. The time limit for keeping patient records
   4. D. The maximum penalty a court may impose
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   Answer: A. The time limit for filing a lawsuit

   It sets the time within which a lawsuit must be filed. The clock may run differently for cases involving minors.

6. The burden of proof in a civil negligence case is:

   1. A. Reasonable medical certainty
   2. B. Clear and convincing evidence
   3. C. Proof beyond a reasonable doubt
   4. D. A preponderance of the evidence
   Show answer

   Answer: D. A preponderance of the evidence

   Preponderance means more likely than not. Criminal cases use the higher beyond-a-reasonable-doubt standard.

7. Administrative or regulatory law affects paramedics mainly through:

   1. A. State EMS rules on licensure and discipline
   2. B. Hospital policies on patient handoffs
   3. C. Federal criminal statutes on drug diversion
   4. D. Court rulings in prior malpractice cases
   Show answer

   Answer: A. State EMS rules on licensure and discipline

   State EMS regulations govern licensure, scope of practice, and discipline. The state EMS office enforces these rules.

8. Case law, or common law, is created when:

   1. A. An agency adopts rules after public comment
   2. B. Court decisions set precedent for later cases
   3. C. Voters approve a ballot measure into law
   4. D. A legislature passes and the governor signs a bill
   Show answer

   Answer: B. Court decisions set precedent for later cases

   Courts interpret laws, and their decisions guide future cases. Court decisions build precedent over time.

9. A deposition is:

   1. A. A written complaint that starts a lawsuit
   2. B. A sworn statement read aloud at sentencing
   3. C. Sworn out-of-court testimony during discovery
   4. D. A formal hearing held before a judge and jury
   Show answer

   Answer: C. Sworn out-of-court testimony during discovery

   A deposition is sworn testimony taken outside the courtroom during the discovery phase. Answer only what is asked, and answer honestly.

10. If sued, the paramedic's best protection is:

    1. A. Standard-of-care treatment and a timely, accurate PCR
    2. B. A quick settlement before the case reaches trial
    3. C. Sworn testimony from a supportive partner on the call
    4. D. Detailed personal recollection of the call
    Show answer

    Answer: A. Standard-of-care treatment and a timely, accurate PCR

    Care that met the standard, backed by a thorough report written at the time, is the best defense. Reports written months later are worth far less in court.

11. Statutory law is created by:

    1. A. Agencies issuing regulations
    2. B. Medical directors writing protocols
    3. C. Courts deciding individual cases
    4. D. State legislatures and Congress
    Show answer

    Answer: D. State legislatures and Congress

    State EMS acts are statutes.

12. Regulatory law is created by:

    1. A. Hospitals through medical staff bylaws
    2. B. Legislatures when they pass statutes
    3. C. Agencies implementing statutes
    4. D. Juries deciding civil negligence cases
    Show answer

    Answer: C. Agencies implementing statutes

    Government agencies write regulations to carry out statutes. State EMS rules are regulations.

13. Constitutional law establishes:

    1. A. Statewide treatment protocols for EMS agencies
    2. B. Billing rules for Medicare and Medicaid
    3. C. The scope of practice for each license level
    4. D. Basic rights and the structure of government
    Show answer

    Answer: D. Basic rights and the structure of government

    Rights to privacy and due process stem from it.

14. A felony differs from a misdemeanor in that a felony:

    1. A. Is a minor offense punished by a fine
    2. B. Carries only fines and community service
    3. C. Can bring more than a year in prison
    4. D. Is handled in civil court for damages
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    Answer: C. Can bring more than a year in prison

    A felony is a serious crime typically punishable by more than a year of imprisonment. Assault on a provider may be a felony in some states.

15. In a civil case, the typical remedy is:

    1. A. Monetary damages
    2. B. Community service
    3. C. Imprisonment
    4. D. Probation
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    Answer: A. Monetary damages

    Civil cases address harm to individuals.

16. Compensatory damages are intended to:

    1. A. Repay the injured party's actual losses
    2. B. Deter other providers from similar conduct
    3. C. Punish the defendant for reckless conduct
    4. D. Cover court costs owed by the losing side
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    Answer: A. Repay the injured party's actual losses

    They aim to make the injured party whole. They cover medical costs, lost wages, and suffering.

17. Punitive damages are awarded to:

    1. A. Punish and deter egregious conduct
    2. B. Cover the plaintiff's attorney fees
    3. C. Repay the patient's medical bills
    4. D. Replace wages lost after the injury
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    Answer: A. Punish and deter egregious conduct

    They are rare and usually require gross misconduct.

18. Discovery in a lawsuit refers to:

    1. A. The judge's ruling on damages
    2. B. The review of a verdict on appeal
    3. C. The pretrial exchange of evidence
    4. D. The phase when the jury deliberates
    Show answer

    Answer: C. The pretrial exchange of evidence

    Parties exchange information and evidence before trial. Depositions and document requests occur here.

19. A subpoena is:

    1. A. A court order to appear or produce documents
    2. B. A formal complaint that starts a lawsuit
    3. C. A jury's final finding on liability and damages
    4. D. A written offer to settle a claim out of court
    Show answer

    Answer: A. A court order to appear or produce documents

    Ignoring it has legal consequences.

20. A settlement is:

    1. A. A request for a higher court to review
    2. B. An agreement resolving a case without trial
    3. C. A judge's ruling in favor of the plaintiff
    4. D. A dismissal of the case for lack of evidence
    Show answer

    Answer: B. An agreement resolving a case without trial

    Most civil cases settle.

21. An expert witness in an EMS case typically:

    1. A. Describes what they personally saw on the call
    2. B. Gives opinions on whether the standard was met
    3. C. Represents the patient's interests in court
    4. D. Rules on which evidence the jury may hear
    Show answer

    Answer: B. Gives opinions on whether the standard was met

    Expert witnesses explain the standard of care and whether it was met. Usually an experienced paramedic or EMS physician.

22. A fact witness testifies about:

    1. A. Opinions about whether care was adequate
    2. B. Standards of care in the profession
    3. C. What they personally observed
    4. D. Hypothetical scenarios posed by counsel
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    Answer: C. What they personally observed

    The paramedic on the call is a fact witness.

23. Vicarious liability means:

    1. A. An employee is liable for the employer's policies
    2. B. Each provider answers only for their own acts
    3. C. An employer may answer for an employee's work acts
    4. D. A patient shares liability for their own injury
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    Answer: C. An employer may answer for an employee's work acts

    An employer may be liable for employee actions within the scope of employment. It is also called respondeat superior.

24. Indemnification clauses in employment affect:

    1. A. Whether the provider can be named in a suit
    2. B. Which court hears a claim against staff
    3. C. Which skills a provider may perform
    4. D. Who pays costs if a provider is sued
    Show answer

    Answer: D. Who pays costs if a provider is sued

    Read employment agreements carefully. An indemnification clause does not stop a lawsuit or choose the court; it decides who covers defense costs and damages.

25. Sovereign immunity protects:

    1. A. Private ambulance companies under contract
    2. B. All licensed providers from any lawsuit
    3. C. Hospitals that accept EMS transports
    4. D. Government entities from some lawsuits
    Show answer

    Answer: D. Government entities from some lawsuits

    Its limits vary by state. Many states have waived it in part.

26. A paramedic served with a lawsuit should:

    1. A. Call the plaintiff to explain what happened
    2. B. Update the PCR to clarify the care given
    3. C. Wait to respond until the case goes to trial
    4. D. Promptly notify the employer and insurer
    Show answer

    Answer: D. Promptly notify the employer and insurer

    Avoid discussing the case with anyone but counsel. Deadlines to respond are strict.

27. Which action during litigation is prohibited?

    1. A. Altering records after a claim is expected
    2. B. Reviewing your own report before testifying
    3. C. Consulting an attorney about the claim
    4. D. Attending a deposition with counsel present
    Show answer

    Answer: A. Altering records after a claim is expected

    Altering or destroying records once a claim is anticipated is prohibited. Spoliation of evidence is severely punished.

28. When testifying, a paramedic should:

    1. A. Volunteer opinions to clarify their care
    2. B. Answer truthfully and only what is asked
    3. C. Defend colleagues' actions on the call
    4. D. Give a best guess when unsure of details
    Show answer

    Answer: B. Answer truthfully and only what is asked

    Say so when you do not recall rather than guessing. Preparation with counsel is appropriate.

29. Documentation created at the time of care carries weight because:

    1. A. It is more reliable than later recall
    2. B. Its completion is required by law
    3. C. It bears the provider's signature
    4. D. It is usually longer and more detailed
    Show answer

    Answer: A. It is more reliable than later recall

    Memory reconstructed later is less reliable. Contemporaneous records are credible.

30. Which law applies to nearly every aspect of EMS practice?

    1. A. Federal law
    2. B. State EMS law
    3. C. Local ordinances
    4. D. Hospital bylaws
    Show answer

    Answer: B. State EMS law

    EMS is regulated primarily at the state level. Know your state's EMS act and rules.