Nursing Law Exam (A+ GRADED)

Which group or person has authority to write statutory law such as nurse practice acts? correct answers Legislative bodies pass the individual nurse practice acts (satutory laws) and create state boards of nursing or state boards of nurse examiners (state adminstrative agencise). The state boards implement and enforce the state nurse practice act by writing rules and regulations for the enforcement of the statutory law and by conducting investigations and hearings to ensure the law's continual enforcement. A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury found for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different decision? correct answers Once the verdict is known, the losing side may move for a new trial. If the motion is granted, the entire trial is repeated before a new jury panel. If it is denied, the judgment becomes final and the losing side may appeal to the proper appellate court if there are legal grounds for such an appeal. The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, which court has the greatest personal jurisdiction? correct answers The court nearest to ther preson's residence (court situated in county of defendant would have personal jurisdiction over defendant; court situated in county of plantiff would also have personal jourisdiction over parties to lawsuit). Basic concept is whether the courts have vested interest in you and a right to make binding decisions over you. OR personal jouristiction refers to the power of a given court regarding a particular perosn. The federal constitution gives guidance for overlapping cases. THe federal courts ahve original jouristiciton over admiralty cases, crimes involving bankruptcy and patient lass. The U.S. constitution gives the U.S. Supreme Court jourisdiction over cases "involving ambassadors, other public ministers and counsuls and those in which a state is named a party" Several state nursing associations are working together in an attempt to change a constitutional law. How is constitutional law changed? correct answers Nursing associations may lobby to attempt to influence decisions made by officials in the government, who are most often legislators or members of regulatory agencies. Constitutional amedments may be proposed by either two-thirds of both houses of the US congress or by a national convention. This convention can be assembled at the request of the legislatures of at least two-thirds of the several states. To become part of the Constitution, amendments must then be ratified either by approval of the legislatures of three-fourths of the states or ratifying conventions held in three-fourths of the states. Congress has discretion as to which method of ratification should be used. Any amendment so ratified becomes a valid part of the constitution, provided that no state "shall be deprived of its equal Suffrage in the senate," without its consent. A person is arrested and charged with battery and assault after attacking a neighbor with a knife. What classification or type of law would determine the case against this defendant? correct