Questions and Answers of The Law Of Healthcare Administration

Explain the difference between unilateral and bilateral contracts.
Did the Carlill case concern a unilateral or a bilateral contract?
What is the effect of an agreement in which the parties state that certain terms will be discussed and agreed upon at a later date?
Give an example of circumstances in which the rule “An offer must be communicated before it can be accepted” would operate.
Is it true that an acceptance must be communicated before a contract can be formed?
May a person withdraw a bid he makes at an auction sale before the fall of the hammer?
Describe how a promise may become binding although the promisor receives no benefit herself.
How “valuable” does consideration have to be to make a promise binding? When might a court review the value of consideration?
How might the above situation apply to a promise of a charitable donation?
Describe the nature of consideration in an out-of-court settlement.
Why is gratitude not a sufficient consideration to bind a promisor?
Describe how one important defect in the consideration rules has been remedied by statute in five of the provinces.
Describe the differing points of view taken in “equitable estoppel” and “injurious reliance.”
In what ways might the common law rules about the need for consideration be unsatisfactory for business purposes in altering an existing contract? How can the defect be remedied?
Explain the requirements necessary to successfully apply equitable estoppel.
What question remains unresolved in the application of the concept of injurious reliance by the Canadian courts?
How does quantum meruit differ from doing a friend a favour?
Why has subordinate legislation come to prominence?
What are the advantages of a settlement over a court trial?
Define appellant ; respondent ; counterclaim ; counsel ; bench ; writ ; settlement ; pleadings ; party and party costs ; res judicata .
How is the legal infrastructure of a country significant for business?
What is legal liability?
Distinguish between criminal liability and civil liability.
“We have a parliament to pass laws, a government to administer laws, and a police department to enforce laws. Ironically, these potent instruments for the restriction of liberty are necessary for
How does the operation of an appeal court differ from that of a trial court?
Motion pictures and television programs are responsible for a misconception about the way in which trials proceed. Explain.
Describe the basic difference between the systems of courts in the United States and in Canada.
What is a “class action” and when do parties use them?
How does a judge decide a case when there is no precedent available in earlier decisions?
Explain why a legal rule in one province may differ from that in another province.
One of the major purposes of private law is to settle disputes between businesses. How can the settlement of a particular private dispute make a contribution to the business community as a whole?
“I was never ruined but twice; once when I won a lawsuit and once when I lost one.” How can a successful litigant lose?
Explain the nature of a “contingency fee.” How are contingency fees used in Canada?
What are the advantages that make ADR an attractive means of settling disputes?
What strategies are available to business to avoid the application of government regulation?
How does the Constitution divide the power to regulate business among the various levels of government in Canada?
Which provisions of the Charter have particular application to business activity?
What changes to the business environment strengthened the need for consumer protection legislation?
What are the principal forms of misleading advertising that are prohibited by the Competition Act, and what are the consequences?
What is a conspiracy? How does the Competition Act categorize conspiracies?
How does a court determine if competition has been unduly lessened?
Give examples of the principal types of abuse of dominant position.
Why is it thought necessary for governments to control mergers?
Why are horizontal mergers more likely to affect competition than other types of mergers?
Why is the determination of the relevant market essential to the application of competition law?
What is the purpose of environmental impact assessment review?
What is the origin of the word “tort,” and what does it mean?
What is the principal purpose of tort law?
What is meant by “strict liability”? Should liability ever be “strict”?
Who should bear the loss resulting from an automobile accident? What are the alternatives?
What is the main justification for the principle of vicarious liability?
What must a plaintiff prove in order to succeed in an action based on negligence?
In what circumstances may a public authority be held liable for damage resulting from its failure to carry out a statutory duty imposed on it?
How do the courts determine the appropriate standard of care to be expected of a defendant?
Is the “but for” test an appropriate way of determining causation?
What is meant by “economic loss”?
Should an injured party be able to recover damages despite the fact that her own conduct was negligent and contributed to the injury?
Is it relevant in a tort action that the injured party has taken out insurance against the loss sustained?
When is a manufacturer under a duty to warn?
What is the test in most Canadian provinces for establishing the liability of occupiers for injury to lawful visitors? Are trespassers treated differently?
What is the difference between a public and a private nuisance?
What constitutes false imprisonment?
Distinguish between libel and slander. What is meant by “privilege” in the context of defamation?
What are the requirements for establishing that the tort of unlawful interference with economic interests has been committed?
What are the features of a legal risk management plan?
Why have business enterprises adopted codes of conduct?
What is the special role of the courts in a federal country?
What are residual powers? Concurrent powers?
What makes a “constitutional defeat” before the courts so serious for a legislature?
What strategies does business use to manage legal risk?
What is the special meaning of “public law” as distinct from “private law”?
If a citizen claims a provision in a statute to be unconstitutional because it is contrary to the Canadian Charter of Rights and Freedoms, must the government then show it is constitutional?Explain.
Which activities are governed by the Charter and which are not? Describe the distinction.
Distinguish the civil law system from the common law system.
Explain the theory of precedent and its values.
Describe the relationship between the courts of common law and equity.
What is the purpose of codifying law in a statute?
Why is some knowledge of the history of law important to understanding the law more fully?
What are the four sources of law in the United States?
Describe the three branches of government and the role of each, including the system of checks and balances.
What is the hierarchy among the sources of law in the federal government?
What is the system for citing judicial opinions?
What are due process and stare decisis, and why are they important?
Describe the structure of the federal judicial system.
Liberty finds no refuge in a jurisprudence of doubt. Yet 19 years after our holding that the Constitution protects a woman’s right to terminate her pregnancy in its early stages, that definition of
In your opinion, what was the most important development in the history of medicine? Be prepared to defend your position.
Define when “modern medicine” began, and explain why you chose that moment in history.
Describe what you think the health system of the future should look like.
Do you feel all persons should have equal access to medical care regardless of their ability to pay?
What are the most significant aspects of the ACA? Which of these have been implemented? Which have not been, and why not?
Which of the arguments made in the legal challenges to the ACA strike you as most persuasive?
Referring to Article I, Section 8 of the US Constitution, how would you define “commerce among the several states”? For example, does it include local telephone service? Your family physician?
It is reported that the late senator, vice president, and presidential candidate Hubert Humphrey once said, “Compassion is not weakness, and concern for the unfortunate is not socialism.” How
Explain the compromises that led to the Medicare and Medicaid systems being such a jumble.
Who has the authority to admit patients to hospitals, and in most cases why do patients not have a right to be admitted?
What is a hospital’s responsibility to provide care to the indigent, and how does it differ depending on the type of care (emergency vs.nonemergency) and the type of hospital (e.g., public,
What are the standards and processes for involuntary admission of persons who are mentally ill?
What are the tensions between managed care’s objectives and medical judgment?
What effect has the ACA had on the number of persons without health insurance since the individual and employer mandates began to take effect in 2014?
What is the current status of Medicaid expansion in your state and nationwide?

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