Comparison Of Deontology And Utilitarianism - Free Essay Example

Sample details Pages: 8 Words: 2281 Downloads: 10 Date added: 2019/08/07 Category Ethics Essay Level High school Tags: Utilitarianism Essay Did you like this example? Deontology refers to an ethical theory that was introduced by a German philosopher Immanuel Kant. The theory postulates that individuals have a moral obligation to act in line with prescribed principles and rules irrespective of the outcome. John Stuart Mill, on the other hand, founded the Utilitarian theory that indicates that the outcomes of a particular action or decision determine whether it passes as right or wrong. Don’t waste time! Our writers will create an original "Comparison Of Deontology And Utilitarianism" essay for you Create order Overall this paper seeks to analyze and compare ethical theories of Deontology and Utilitarianism. The theory also goes by the name duty-based. It focuses on what people do and not the consequences of their actions. Kant insisted that individuals ought to focus on doing the right thing for the reason that they pass as right and refrain from doing the wrongs things for reasons that they stand as wrong. Broadly, Kant insists that one cannot justify a particular action by indicating that it resulted in good consequences which explain why sometimes the theory acquires the name non-Consequentialist. The origin of the name deontology traces back to a Greek word deon, which means duty (Mills 109). Noteworthy, duty-based ethics refer to the popular principle of the thing common among the people. Kant and those who uphold duty-based ethics contend that certain acts pass as right or wrong by what they are and that individuals have a responsibility to act accordingly irrespective of the outcome that results from the same. Deontologists believe that moral rules ought to guide the universe for instance; they believe it is wrong to kill, tell lies and steal whereas it is right for one to keep promises. The extreme part of the theory is that it indicates that individuals have a responsibility to do the right thing at all times even if the action produces more harm compared to doing the wrong thi ng. Notably, deontologists indicate that individuals have a duty irrespective of the circumstances to do the right thing and it does not matter whether it produces bad results. Kant suggested that in its application, the theory might look inapplicable but remaining firm on it will often result in the society living harmoniously (Kant 26). For instance, Kant argues that it would be unethical for one to tell a lie in a bid to save a friend from a murderer. In light of the above, it suffices to assert that people will be considered as doing the right thing if their actions have moral standing. Importantly, deontologists focus on the value of individuals by according equal respect to all human beings. Kant insists that, Moral principles are based on reason (Burnor Raley 155). Deontology forms the basis of the current human rights since it establishes respect and dignity of every single person including those that stand at odds with the expectations of the larger group. Additionally, Kantian, deontological ethics indicates that some action should never be done irrespective of the good consequences they deliver. The ideology reflects the thinking pattern of the individuals. Importantly, Kant indicated that moral rules should have the quality of universality, for instance, he indicates that, Act only in accordance with a ma xim that you can at the same time (rationally) will be to universal law or principle (Burnor Raley 161). That implies that the moralrules should have some universal traits in that the consequences ought to be similar irrespective of where they are applied. According to Kant, all human beings require equal treatment regardless of ones position in society (Kant 21). Kant believes that society becomes ideal when people live within prescribed moral rules. Deontologists focus more on the intention that people have for acting in a particular way. The motive of an action supersedes the outcome of a specific action which explains why the results bear little meaning to them. For instance Kant states that, Goodwill freely chooses freely chooses to fulfill its duty, and moral duties are determined by reason (Burnor Raley 157). Overall, Kants Deontological theory disregards many aspects of human actions and treats them as premeditated occurrences that can be controlled and regulated using the societal moral rules (Kant 31). The theory does not consider that some action occurs as unconscious responses to the happenings in the environment. Some human actions requires impromptu responses that do not give one time to determine their ethical implications and thus judging the outcome of such actions by their intention stands as immoral in the first place. Deontology only applies to actions that an individual carried out after meditating on them. Deontology observes seven primary duties that they believe that people ought to adhere to in the quest to make the society balanced and upright. The first duty is that of beneficence which entails assisting other individuals to increase their pleasure or improve their character. The second duty of non-maleficence forbids one from causing harm on other people while the thi rd duty of justice indicates that one ought to ensure other people receive what they deserve without being shortchanged whether they know it or not (Kant 43). The additional duty is the one that dwells on self-improvement where it insists that an individual should always strive to make themselves better in all aspects of their lives including, social, economic, and intellectual among others. The duty of reparation, on the other hand, provides that one ought to recompense others if they act wrongly towards them. The theory agrees that no human being can claim perfection, but if an individual causes pain or loss to the others, the person ought to make fair compensation to the people. He claims that, We should never use people for our own purposes; instead we should treat everyone as having worth in themselves, (Kant 158). The duty of gratitude demands that an individual ought to benefit individuals who have helped them. The duty means that an individual has a responsibility to return the favor to others for their good deeds towards them. The duty of promise keeping closes the bracket of the seven duties. Promise-keeping compels one to honor commitments that they make to others as they interact in their various activities. Mills defines Utilitarianism as a theory that determines the moral rightness or wrongness of action depending on their outcomes. He asserts that actions stand as for right if they produce happiness and wrong if they produce misery. In other words, Mills holds the view that the end justifies the means. Mills indicate that everyone in the society strives to find happiness and pleasure in their actions and sometimes the consequences of their quest attract the undesired results of pain and suffering (Mills 37). According to Mills, if an action brings about positive consequences, then it passes as good and no one ought to judge it otherwise, and when it produces bad outcomes, it passes as wrong. Utilitarianism holds the view that the intention or motive of an action has no impact of determining its moral stand (Mills 67). For instance, Mills avers that if someone finds himself in the hands of armed robbers and lies to them to escape, the action passes as morally right. The outcome is that the individual saved his life which stands as a positive outcome even though the person lied at first. Utilitarians contend that the overall purpose of morality in society entails making life better by way of increasing the number of good things such as happiness and pleasure. They also believe that morality ought to decrease the number of negative things such as unhappiness and pain that causes human suffering. Mills outlined three basic principles that serve as the basis of the utilitarianism. He indicate d that pleasure or happiness stand as the only aspect of human life that bear real intrinsic value. He also noted that actions pass as right as long as they promote happiness and wrong as long as they promote unhappiness. The third basic principle indicated each persons happiness counts in an equal measure (Mills 67). In general, Mills indicated that society ought to focus on promoting things that make human life better and encourage people to always engage in actions that aim to improve the general well-being of the community. Deontology focuses more on the motive of action as opposed to the outcome of the same action while utilitarianism focuses on the outcome of an action and not on the motive or the means by which the result occurred. The two theories differ sharply in their definition of morality on the ground that one focuses on the outcome whereas the other one focuses on the process (Mills 45). Importantly, deontologists care much about the rules and regulations of morality as opposed to the purpose of the same morality. Overall, utilitarianism and deontology serve to promote the general well-being of the society only that they differ in their application. Noteworthy, utilitarianism focuses on the person while deontology focuses on the action. In the former, the person ought to live within the provisions of the rules and violating them for whatever reason has no justification. They also believe that human actions have motives and the motives ought to form the basis for judging an action as right or wrong. Utilitarianism also focuses on rules and regulations while deontology focuses on the stability of the society. In light of the above, utilitarianism believes in systems and institutions and not the people. Proponents of the theory place trust on established institutions as opposed to placing it on people themselves. They also believe that human beings cannot be trusted with decisions on various matters which explains the much focus on judging an action by motive as opposed to the outcome. Deontologists, on the other hand, put trust on people which explains why they judge an action as right or wrong on account of their outcomes. Importantly, deontologists focus on the larger society and anything that brings happiness on the society that cannot be objected. Deontologists believe the greatest objective of life entails creating happiness and pleasure to the people and not to down them with rules (Mills 123). The theory believes in giving people freedom of choice. The proponents believe t hat human beings ought to be given free will to decide on the actions they want to partake. They also indicate that freedom involves allowing individuals to do the things they want to do and only judge them by their outcomes. Deontology discourages the use of moral rules in controlling peoples behavior. They advocate for freedom of choice and the outcome of consequences. The theory strongly believes that human beings engage in actions that result in the common good of the society if given the freedom to choose what they want to do without imposing moral rules in them. Utilitarianism, on the other hand, believes that human beings are inherently evil incapable of doing good on their own which means rules stand as essential in the society (Mills 142). They believe that rules motivate or act as stimulants for individuals to do good things. Whereas the two theories have notable differences, they also share similarities. For instance, both theories focus on human beings behavior. Behavior forms the basis for the two theories as they believe that society can live in happiness and exercise equality if human beings commit to doing the right thing. Both of them believe that when people do the right thing, then society will achieve general happiness where everyone will find pleasure in life. In the same light, both theories believe that human actions form the basis of morality (Mills 129). The two theories categorize human action into two categories: right or wrong. The two categories also form the foundations for moral judgment as those who do the things th at the society considers good pass as good people whereas those who do the wrong thing pass as bad people. According to Utilitarianism morality provides a means to an end but must never be mistaken for the end itself. Human beings live in a world with rules and regulations made by people who believed that social order could only exist when rules and regulations bar people from engaging in actions that harm others. The society leans towards deontological ideas in that authorities all over the world have rules and regulations that govern the activities of citizens in their respective jurisdictions (Mills 112). Violating those rules attract punishment which explains the presence of the judiciary and the correctional facilities. Importantly, both Utilitarianism and deontological theories agree that human happiness and pleasure stand as the end reward for good actions. Everyone in society strives to bring joy to oneself and others, but at times some people find themselves doing the wrong thing even as they strive to deliver happiness. Deontology holds that such a person should never be judged as bad on such an account. Importantly, both ethical theories demonstrate rigidity in their principles meaning they cannot accommodate changes in the society. The society remains a very dynamic institution requiring that rules and regulations change to accommodate the emergent issues thus making the application of the two theories almost impossible. Freedom entails living free from rules that govern and determine rights from wrongs and bad people from good people. Works Cited Burnor, Richard, and Yvonne Raley. Ethical Choices: An Introduction to Moral Philosophy with Cases. Oxford University Press, 2017. Kant, Immanuel. F OR KANT, ETHICS can be defined as the system of the ends of the pure practical reason. The two parts of moral philosophy are distinguished as treating respectively of ends and of duties of constraint. Kant holds that since humans are free (moral) beings, duty is self-constraint. It is because of this that it is possible to combine con-straint with the freedom of the elective will. Journey Into Philosophy: An Introduction with Classic and Contemporary Readings (2016): 432. Mill, John Stuart. Utilitarianism. Seven Masterpieces of Philosophy. Routledge, 2016. 337-383.

The Merchant of Venice Is Shylock a Villain or a Victim...

In this essay I will try to discover is Shylock a villain or a victim, in the William Shakespeare play â€Å"The Merchant of Venice† It is difficult to say if Shylock is a complete villain or a victim, as his character is complex and ambiguous. However, it is difficult to view Shylock as anything other than a devious, bloodthirsty and heartless villain in the majority of the play. There are a few points in the story where he can be viewed as victimised, as most Jews were at that time, but Shakespeare has purposely portrayed Shylock as a stereotypical Jew, greedy, and obsessed with money. Shylock has been written to be very inflated and exaggerated. Even when Shylock makes his first appearance in the play, his first words are â€Å"Three thousand†¦show more content†¦Although Shylock is hurt by the theft of his turquoise ring by Jessica, given to him by an old love (Leah), such shows of human feeling or emotion are under numerous, and he seems more concerned with his material wealth, than his own offspring. It was probably this attitude that frustrated his daughter and made her determined to escape him. E ven his own servant Lancelot describes him as, The Jew is the very devil incarnation, Shylock certainly is victimised by the Christians, Antonio spat in his face, Solerio and Solanio constantly mock him, for his religion and misfortunes. As the dog Jew did utter in the street: My daughter! O my ducats! O my daughter! Act 2, Scene 8. However, it is hard to say if the characters treated all Jews like Shylock , as he is only one of two Jews in the story (The other Jew, Tubal, only has dialogue with Shylock) and perhaps Shylocks victimisation is due to his own behaviour, and his religion only used against him as a tool for attack. â€Å"The Jew,† Shylock, as he is referred to throughout the play, does make some good points, and shows his discontent at the treatment of his people, in what is probably the best and most well-known part of The Merchant of Venice, Act 3, Scene 1: â€Å"He hath disgraced me (Antonio), and hindered me half a million, laughed at my losses, mocked at my gains, scorned my nation, thwarted my bargains, cooled my friends, heated mine enemies – and what’s his reason? I am a Jew.† ShylockShow MoreRelatedThe Character of Shylock as a Victim or Villain in The Merchant of Venice1527 Words   |  7 PagesThe Character of Shylock as a Victim or Villain in The Merchant of Venice Do you consider the character of shylock to be a victim or villain in the play The Merchant of Venice? Shylock is one of the most interesting, memorable and debated characters in the play â€Å"The Merchant of Venice†. In many ways this is because he is both a victim and a villain. Shylock was made a laughing stock of and is ridiculed by the Christians because he was Jewish. The Jewish communityRead MoreEssay The Merchant of Venice Shylock Villain or Victim777 Words   |  4 PagesShylock, Villain or victim? The Merchant of Venice June 8th, 2011 In the play The Merchant of Venice Shylock is supposed to be the protagonist, the definition of protagonist is; the leading character or a major character in a drama, movie, novel, or other fictional text. 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Capital Budget Capital Structure Decisions -Myassignmenthelp.Com

Question: Discuss About The Capital Budget Capital Structure Decisions? Answer: Introduction: In the present case the firm Antena 3 Televisin is considering an opportunity in a new studio by replacing the old one. For the purpose of setting up a new studio, the firm will have to invest in some of the fixed assets. It is to be evaluated whether to invest in new studio by replacing the old one or not. The capital budgeting technique named as Net Present Value will be applied here to reach at the appropriate decision. Analysis of the case: The cost of each of such fixed will have to be adjusted for the depreciation every year and the firm will be entitled to the tax savings on such depreciation. However, land is an asset on which deprecation is not charged. Also, depreciation is a non-cash expense and hence it will be deducted from the cash inflows of the year only for the purpose of availing tax benefits and afterwards it will be added back to the respective cash flows to find the present value of cash flows (Drake, 2006). The discounting rate used to determine the present values of the cash flows will be calculated on the weighted average cost of capital. WACC represents the blend of companys capital and debt structure on the basis of their individual proportions. To calculate Cost of equity, the capital asset pricing model will be applied and the cost of debt, for the purpose of WACC calculation, will be taken as after tax cost of debt. The tax benefit will not be received on capital investments such as acquisition of various assets. Effect of inflation is not to be given on depreciation as depreciation is a non-cash item (Graham Harvey, 2002). Capital loss will arise at the end of last year i.e. 11th year at the time of sale of new studio because the written down value of the total assets is less than the amount realised on sale of the entire unit. Tax savings will be available on such capital loss. In case of working capital investment, the recovery of 50% of amount of working capital will be made and it will be given impact of inflation @ 3% and the capital gain on sale of old studio will also be taxed at the end of year 1. Decision on the basis of Net present value: In part the net present value of the free cash flows from the new studio is positive hence it will be profitable to invest in this proposal (Refer excel sheet) In this part working capital investment is required to be made and hence it is giving negative net present value, therefore in such case capital investment must not be made as it will not be profitable (Refer excel sheet). Conclusion: Therefore, it can be said that the firm must not go for additional working capital if it is considering to invest in the new studio. References: Drake, P.P., Capital budgeting techniques.Online (datum posledn revize: 29.6. 2006): www. fau. edu/~ ppeter/fin3403/module6/capbudtech. pdf. Graham, J. and Harvey, C., 2002. How do CFOs make capital budgeting and capital structure decisions?.Journal of applied corporate finance,15(1), pp.8-23.

Legal and Ethical Basis for Confidentiality of Health Information Essay Example

Legal and Ethical Basis for Confidentiality of Health Information Paper If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred. 2. If a case involves private law, which of the following is most likely to be the subject matter of the case? A. Tort B. Substantive criminal C. Criminal procedure D. Constitutional law 27 925 Oak Street Scranton, Pennsylvania 18515-0001 Lesson 1 Health Information and Litigation When you feel confident that you have mastered the material in Lesson 1, complete the following examination. Then submit only your answers to the school for grading, using one of the examination answer options described in your â€Å"Test Materials† envelope. Send your answers for this examination as soon as you complete it. Do not wait until another examination is ready. Questions 1–20: Select the one best answer to each question. EXAMINATION NUMBER: 40982100 Whichever method you use in submitting your exam answers to the school, you must use the number above. For the quickest test results, go to ttp://www. takeexamsonline. com Examination 3. If the result in a case is that the defendant has to go to jail for a year, which of the following is most likely true? A. It was a malpractice case. C. It was a misdemeanor case. B. It was a contract case. D. It was a felony case. 4. Bob says that his claim is based on the fundamental law of the nation. Most likely, Bob is relyin g upon what source of law? A. Constitution C. Regulation B. Statute D. Common law 5. Carl files suit in federal court. Which of the following would be sufficient to give that court subject matter jurisdiction? We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A. The claim involves more than $75,000. B. The claim involves more than $25,000. C. Carl and the defendant reside in the same federal district. D. The claim involves a federal statute. 6. Default judgment is entered in favor of Carl. Which of the following must necessarily be true A. The defendant’s position was weak. B. Carl’s case was strong. C. The court determined that the defendant was at fault. D. The defendant failed to file an answer within the required time. 7. Judgment has been entered against Sally in the Eastern District Court of Kentucky. Which of the following necessarily must be true for the judgment to be valid against her personally? A. She was a resident of Kentucky. B. The court had subject matter jurisdiction and she was a resident of Kentucky. C. The court had personal jurisdiction over Sally and subject matter jurisdiction. D. Sally resides in the Eastern District of Kentucky. 8. Martha the medical assistant is legally compelled to give testimony in a under oath in a malpractice lawsuit. Which of the following is necessarily true? A. Her immediate supervisor insisted that she do so. B. She received a subpoena duces tecum. C. She received a subpoena ad testificandum. D. She is the key witness in the case. 28 Examination, Lesson 1 9. Martha the medical assistant testifies in the malpractice case that the defendant, Dr. Jones, admitted he had committed malpractice on Mrs. Smith. This testimony likely would be excluded on what grounds? A. Physician-patient privilege C. Irrelevance B. Hearsay D. Martha not being a physician 10. If a party wants to avoid the time and expense of proving matters that aren’t really in dispute, which discovery tool would best achieve that end? A. Interrogatories C. Request to produce documents B. Depositions D. Requests for admissions 11. Which of the following is true regarding jury trials? A. The judge has no role. B. Parties may request a jury trial for any type of case. C. The judge and jury both have a role. D. The jury decides whether evidence should be admitted. 12. Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked? A. Request for physical examination C. Request for admission B. Deposition D. Interrogatories 13. Which of the following is characteristic of mediation? A. The court controls. B. The parties remain in control. C. A decision is imposed. D. The mediator decides who is right. 14. Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment. 15. A pretrial conference most likely would occur A. before the complaint is filed. B. during an appeal. C. before discovery begins but after the complaint is filed. D. after discovery. Examination, Lesson 1 29 16. If a show cause order is issued, which of the following is most likely the case? A. Someone failed to respond to a subpoena. B. The plaintiff’s case is weak. C. The complaint failed to show a cause of action. D. A party tried to obtain records without a subpoena. 17. An order setting a trial date is more likely to be entered A. when the complaint is filed. C. at a deposition. B. at a pretrial conference. D. at a show cause hearing. 18. If a health information manager discloses health-care information otherwise prohibited by statute or regulation, the health-care provider could be liable for breach of confidentiality Unless A. it was pursuant to a subpoena. B. the health-care provider consented to the release. C. the health-care provider wasn’t told about the release by the health information manager. D. it was pursuant to a valid court order. 19. Hannah, a health-care information manager, receives a subpoena the legality of which she questions. She should A. ignore it. B. seek advice of counsel. C. comply with it unless the patient takes action to stop her. D. make her best guess about whether or not it’s legal and either comply or ignore it. 20. Which one of the following is true? A. All subpoenas are valid to authorize release of medical records. B. All patient authorizations to release medical records are sufficient to authorize release. C. Some jurisdictions require both a subpoena and a release from the patient to authorize release of records. D. All jurisdictions require both a subpoena and a release from the patient to authorize release of records. Legal and Ethical Basis for Confidentiality of Health Information Essay Example Legal and Ethical Basis for Confidentiality of Health Information Essay If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred. 2. If a case involves private law, which of the following is most likely to be the subject matter of the case? A. Tort B. Substantive criminal C. Criminal procedure D. Constitutional law 27 925 Oak Street Scranton, Pennsylvania 18515-0001 Lesson 1 Health Information and Litigation When you feel confident that you have mastered the material in Lesson 1, complete the following examination. Then submit only your answers to the school for grading, using one of the examination answer options described in your â€Å"Test Materials† envelope. Send your answers for this examination as soon as you complete it. Do not wait until another examination is ready. Questions 1–20: Select the one best answer to each question. EXAMINATION NUMBER: 40982100 Whichever method you use in submitting your exam answers to the school, you must use the number above. For the quickest test results, go to ttp://www. takeexamsonline. com Examination 3. If the result in a case is that the defendant has to go to jail for a year, which of the following is most likely true? A. It was a malpractice case. C. It was a misdemeanor case. B. It was a contract case. D. It was a felony case. 4. Bob says that his claim is based on the fundamental law of the nation. Most likely, Bob is relyin g upon what source of law? A. Constitution C. Regulation B. Statute D. Common law 5. Carl files suit in federal court. Which of the following would be sufficient to give that court subject matter jurisdiction? We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A. The claim involves more than $75,000. B. The claim involves more than $25,000. C. Carl and the defendant reside in the same federal district. D. The claim involves a federal statute. 6. Default judgment is entered in favor of Carl. Which of the following must necessarily be true A. The defendant’s position was weak. B. Carl’s case was strong. C. The court determined that the defendant was at fault. D. The defendant failed to file an answer within the required time. 7. Judgment has been entered against Sally in the Eastern District Court of Kentucky. Which of the following necessarily must be true for the judgment to be valid against her personally? A. She was a resident of Kentucky. B. The court had subject matter jurisdiction and she was a resident of Kentucky. C. The court had personal jurisdiction over Sally and subject matter jurisdiction. D. Sally resides in the Eastern District of Kentucky. 8. Martha the medical assistant is legally compelled to give testimony in a under oath in a malpractice lawsuit. Which of the following is necessarily true? A. Her immediate supervisor insisted that she do so. B. She received a subpoena duces tecum. C. She received a subpoena ad testificandum. D. She is the key witness in the case. 28 Examination, Lesson 1 9. Martha the medical assistant testifies in the malpractice case that the defendant, Dr. Jones, admitted he had committed malpractice on Mrs. Smith. This testimony likely would be excluded on what grounds? A. Physician-patient privilege C. Irrelevance B. Hearsay D. Martha not being a physician 10. If a party wants to avoid the time and expense of proving matters that aren’t really in dispute, which discovery tool would best achieve that end? A. Interrogatories C. Request to produce documents B. Depositions D. Requests for admissions 11. Which of the following is true regarding jury trials? A. The judge has no role. B. Parties may request a jury trial for any type of case. C. The judge and jury both have a role. D. The jury decides whether evidence should be admitted. 12. Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked? A. Request for physical examination C. Request for admission B. Deposition D. Interrogatories 13. Which of the following is characteristic of mediation? A. The court controls. B. The parties remain in control. C. A decision is imposed. D. The mediator decides who is right. 14. Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment. 15. A pretrial conference most likely would occur A. before the complaint is filed. B. during an appeal. C. before discovery begins but after the complaint is filed. D. after discovery. Examination, Lesson 1 29 16. If a show cause order is issued, which of the following is most likely the case? A. Someone failed to respond to a subpoena. B. The plaintiff’s case is weak. C. The complaint failed to show a cause of action. D. A party tried to obtain records without a subpoena. 17. An order setting a trial date is more likely to be entered A. when the complaint is filed. C. at a deposition. B. at a pretrial conference. D. at a show cause hearing. 18. If a health information manager discloses health-care information otherwise prohibited by statute or regulation, the health-care provider could be liable for breach of confidentiality Unless A. it was pursuant to a subpoena. B. the health-care provider consented to the release. C. the health-care provider wasn’t told about the release by the health information manager. D. it was pursuant to a valid court order. 19. Hannah, a health-care information manager, receives a subpoena the legality of which she questions. She should A. ignore it. B. seek advice of counsel. C. comply with it unless the patient takes action to stop her. D. make her best guess about whether or not it’s legal and either comply or ignore it. 20. Which one of the following is true? A. All subpoenas are valid to authorize release of medical records. B. All patient authorizations to release medical records are sufficient to authorize release. C. Some jurisdictions require both a subpoena and a release from the patient to authorize release of records. D. All jurisdictions require both a subpoena and a release from the patient to authorize release of records.