NURSING JURISPRUDENCE STUDY
GUIDE 2026/2027 QUESTIONS AND
VERIFIED CORRECT SOLUTIONS
GRADED A+
Jurisprudence
the science or philosophy of law
Sources of Law
Constitutional Law: Federal, State
Statutory Law: Federal, State
Common Law
Administrative Law
Criminal Law
Federal or state government attempting to deprive an individual of life or
liberty for something the law considers an offence against society in general
Civil Law
Seeks to resolve disputes between private parties, which often result in
payment of money
Different Burden of Proof
, Beyond a reasonable doubt; preponderance of the evidence
Types of Torts
Negligence
Intentional: Assault Battery False Imprisonment
Quasi-Intentional: Defamation, Liable, Slander
Malpractice
Negligence committed by a person in his or her professional capacity is
malpractice. Also known as professional negligence.
Medical and nursing malpractice occur when a doctor or nurse fails to do that
which a reasonable, prudent doctor or nurse would do under the same or similar
circumstances, or does that which a reasonable or prudent doctor or nurse would
not do under the same or similar circumstances.
Elements of a Nursing Malpractice Lawsuit
Duty - the existence of a duty, owed by the nurse to a patient, to conform to
a recognized standard of care
Breach - a failure to conform to the required standard of care
Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's act or
omission
Intentional Tort: Assault
, Example of this tort: A nurse threatens to place an NG tube in a client who is
refusing to eat
Intentionally placing another in apprehension or fear that they will suffer harmful
or offensive contact.
Intentional Tort: Battery
Intentional contact that is harmful or offensive, or creating the apprehension
that such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
IE: Restraining a person to give an injection against their consent or order
Intentional Tort: False Imprisonment
"unjustifiable detention of a person without legal warrant to confine the
person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
Quasi-Intentional Tort: Defamation
A communication that tends to hold the plaintiff up to hatred, contempt or ridicule,
or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
GUIDE 2026/2027 QUESTIONS AND
VERIFIED CORRECT SOLUTIONS
GRADED A+
Jurisprudence
the science or philosophy of law
Sources of Law
Constitutional Law: Federal, State
Statutory Law: Federal, State
Common Law
Administrative Law
Criminal Law
Federal or state government attempting to deprive an individual of life or
liberty for something the law considers an offence against society in general
Civil Law
Seeks to resolve disputes between private parties, which often result in
payment of money
Different Burden of Proof
, Beyond a reasonable doubt; preponderance of the evidence
Types of Torts
Negligence
Intentional: Assault Battery False Imprisonment
Quasi-Intentional: Defamation, Liable, Slander
Malpractice
Negligence committed by a person in his or her professional capacity is
malpractice. Also known as professional negligence.
Medical and nursing malpractice occur when a doctor or nurse fails to do that
which a reasonable, prudent doctor or nurse would do under the same or similar
circumstances, or does that which a reasonable or prudent doctor or nurse would
not do under the same or similar circumstances.
Elements of a Nursing Malpractice Lawsuit
Duty - the existence of a duty, owed by the nurse to a patient, to conform to
a recognized standard of care
Breach - a failure to conform to the required standard of care
Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's act or
omission
Intentional Tort: Assault
, Example of this tort: A nurse threatens to place an NG tube in a client who is
refusing to eat
Intentionally placing another in apprehension or fear that they will suffer harmful
or offensive contact.
Intentional Tort: Battery
Intentional contact that is harmful or offensive, or creating the apprehension
that such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
IE: Restraining a person to give an injection against their consent or order
Intentional Tort: False Imprisonment
"unjustifiable detention of a person without legal warrant to confine the
person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
Quasi-Intentional Tort: Defamation
A communication that tends to hold the plaintiff up to hatred, contempt or ridicule,
or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
