Nursing Jurisprudence EXAM WITH
DETAILED QUESTIONS AND ANSWERS
Jurisprudence - ANSWER the science or philosophy of law
Sources of Law - ANSWER -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - ANSWER 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 - ANSWER Seeks to resolve disputes between private parties, which often
result in payment of money
Different Burden of Proof - ANSWER Beyond a reasonable doubt; preponderance of
the evidence
Elements of a Nursing Malpractice Lawsuit - ANSWER 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 - ANSWER Example of this tort: A nurse threatens to place an
NG tube in a client who is refusing to eat
Good Professional Character - ANSWER Integrated pattern of personal, academic and
occupational behaviors which, in the judgment of the Board, indicates that an individual
is able to consistently conform his or her conduct to the requirements of the Nursing
Practice Act, the Board's rules and regulations, and generally accepted standards of
nursing practice including, but not limited to, behaviors indicating honesty,
accountability, trustworthiness, reliability, and integrity [TAC § 213.27(a)].
Factors Indicating Good Professional Character - ANSWER Distinguish right from
wrong;
Think and act rationally;
Keep promises and honor obligations;
Accountable for own behavior;
Able to practice nursing in an autonomous role with patients/clients, their families,
significant others, and members of the public who are or who may become physically,
emotionally, or financially vulnerable;
Recognize and honor the interpersonal boundaries appropriate to any therapeutic
relationship or health care setting; and
Promptly and fully self-disclose facts, circumstances, events, errors, and omissions
when such disclosure could enhance the health status of patients/clients or the public or
, could protect patients/clients or the public from unnecessary risk of harm [ Rule
213.27(b)(2)(A-G)].
Any conviction for a felony or for a misdemeanor involving moral turpitude or order of
probation with or without an adjudication of guilt for an offense that would be a felony or
misdemeanor involving moral turpitude if guilt were adjudicated [Rule 213.27 (b)(3)].
Any revocation, suspension, or denial of, or any other adverse action relating to, the
person's license or privilege to practice nursing in another jurisdiction [Rule 213.27
(b)(4)].
Intentionally placing another in apprehension or fear that they will suffer harmful or
offensive contact.
Intentional Tort: Battery - ANSWER 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 - ANSWER "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 - ANSWER 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 - ANSWER Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) - ANSWER 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
Rules & Regulations - ANSWER The NPA itself is insufficient to provide the necessary
guidance for the nursing profession, therefore, each NPA establishes a board of nursing
(BON) that has the authority to develop administrative rules or regulations to clarify or
make the law more specific. Rules and regulations must be consistent with the NPA and
cannot go beyond it. These rules and regulations undergo a process of public review
DETAILED QUESTIONS AND ANSWERS
Jurisprudence - ANSWER the science or philosophy of law
Sources of Law - ANSWER -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - ANSWER 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 - ANSWER Seeks to resolve disputes between private parties, which often
result in payment of money
Different Burden of Proof - ANSWER Beyond a reasonable doubt; preponderance of
the evidence
Elements of a Nursing Malpractice Lawsuit - ANSWER 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 - ANSWER Example of this tort: A nurse threatens to place an
NG tube in a client who is refusing to eat
Good Professional Character - ANSWER Integrated pattern of personal, academic and
occupational behaviors which, in the judgment of the Board, indicates that an individual
is able to consistently conform his or her conduct to the requirements of the Nursing
Practice Act, the Board's rules and regulations, and generally accepted standards of
nursing practice including, but not limited to, behaviors indicating honesty,
accountability, trustworthiness, reliability, and integrity [TAC § 213.27(a)].
Factors Indicating Good Professional Character - ANSWER Distinguish right from
wrong;
Think and act rationally;
Keep promises and honor obligations;
Accountable for own behavior;
Able to practice nursing in an autonomous role with patients/clients, their families,
significant others, and members of the public who are or who may become physically,
emotionally, or financially vulnerable;
Recognize and honor the interpersonal boundaries appropriate to any therapeutic
relationship or health care setting; and
Promptly and fully self-disclose facts, circumstances, events, errors, and omissions
when such disclosure could enhance the health status of patients/clients or the public or
, could protect patients/clients or the public from unnecessary risk of harm [ Rule
213.27(b)(2)(A-G)].
Any conviction for a felony or for a misdemeanor involving moral turpitude or order of
probation with or without an adjudication of guilt for an offense that would be a felony or
misdemeanor involving moral turpitude if guilt were adjudicated [Rule 213.27 (b)(3)].
Any revocation, suspension, or denial of, or any other adverse action relating to, the
person's license or privilege to practice nursing in another jurisdiction [Rule 213.27
(b)(4)].
Intentionally placing another in apprehension or fear that they will suffer harmful or
offensive contact.
Intentional Tort: Battery - ANSWER 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 - ANSWER "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 - ANSWER 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 - ANSWER Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) - ANSWER 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
Rules & Regulations - ANSWER The NPA itself is insufficient to provide the necessary
guidance for the nursing profession, therefore, each NPA establishes a board of nursing
(BON) that has the authority to develop administrative rules or regulations to clarify or
make the law more specific. Rules and regulations must be consistent with the NPA and
cannot go beyond it. These rules and regulations undergo a process of public review
