Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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
,Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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
,Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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.
Quasi-Intentional Tort: Defamation Types ✔✔Types:
, Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) ✔✔defines the scope and limitations of professional
nursing practice;
vary from state to state.
The practice of nursing is a right granted by a state to protect those who need
nursing care. The
guidelines of the NPA and its rules provide safe parameters within which to
work, as well as
protect patients from unprofessional and unsafe nursing practice. The act is a
dynamic document
that evolves and is updated or amended as changes in scope of practice occur.All
states and
territories have enacted a NPAGenerally, NPAs include:Authority, power and
composition of a
board of nursingEducation program standardsStandards and scope of nursing
practiceTypes of
titles and licensesRequirements for licensureGrounds for disciplinary action,
other violations and
possible remedies
A’s
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
,Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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
,Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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.
Quasi-Intentional Tort: Defamation Types ✔✔Types:
, Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) ✔✔defines the scope and limitations of professional
nursing practice;
vary from state to state.
The practice of nursing is a right granted by a state to protect those who need
nursing care. The
guidelines of the NPA and its rules provide safe parameters within which to
work, as well as
protect patients from unprofessional and unsafe nursing practice. The act is a
dynamic document
that evolves and is updated or amended as changes in scope of practice occur.All
states and
territories have enacted a NPAGenerally, NPAs include:Authority, power and
composition of a
board of nursingEducation program standardsStandards and scope of nursing
practiceTypes of
titles and licensesRequirements for licensureGrounds for disciplinary action,
other violations and
possible remedies
