TEST BANK
LEGAL AND ETHICAL
ISSUES IN NURSING
6th Edition By Ginny Wacker Guido
TEST BANK
,Chapter 01: Legal Concepts and the Judicial Process
Guido: Legal and Ethical Issues in Nursing, 6th Edition, Test Bank
Question 1
Type: MCSA
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best strategy
is to contact the persons with authority to write and change this statutory law. Whom should the nurse contact?
1. State board of nursing
2. State governor
3. State legislature
4. State nursing association
Correct Answer: 3
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practice act
but not charged with writing the law.
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved in
writing nursing practice acts.
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and
create state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement and
enforce those acts.
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot do so
independently.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including
constitutional, statutory, administrative, and judicial (decisional) law.
Question 2
Type: MCSA
Guido, Legal and Ethical Issues in Nursing, 6 edition, Test Bank
,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?
1. No, because of the doctrine of res judicata
2. Yes, stare decisis allows retrial
3. Yes, because of the doctrine of precedent
4. No, this is a landmark decision
Correct Answer: 1
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has
been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original lawsuit
from retrying the same issues involved in the first lawsuit.
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with similar
fact patterns that have been previously decided by the court system.
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cases
with similar fact patterns that have been previously decided by the court system. Landmark decisions signify that
precedent is changed by the current court decision.
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
Question 3
Type: MCSA
The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse
expects that which court will have the greatest personal jurisdiction?
1. Federal Supreme Court
2. Federal district court
3. State supreme court
4. State trial court
Guido, Legal and Ethical Issues in Nursing, 6 edition, Test Bank
, Correct Answer: 1
Rationale 1: The federal Supreme Court is the highest court in the country and its decisions will affect all citizens.
It passes across all state and federal district boundaries, thus having the highest impact on people.
Rationale 2: Federal district courts are the first of the three levels of federal courts. They are not the courts with
widest jurisdiction.
Rationale 3: The state supreme court is the final authority for state issues, unless a federal issue or constitutional
right is involved.
Rationale 4: A state trial court is often the first court to hear legal disputes. It does not hold the widest jurisdiction.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.3 Define and give an application of jurisdiction and a landmark decision.
Question 4
Type: MCSA
Several state nursing associations are working together in an attempt to change a constitutional law. These
associations should ask for which action on this law?
1. Repeal
2. Expansion
3. Amendment
4. Redefinition
Correct Answer: 3
Rationale 1: Statutory laws can be repealed, but constitutional laws cannot.
Rationale 2: Statutory laws and administrative bodies can be expanded, but constitutional laws cannot.
Rationale 3: Constitutional law is a system of fundamental laws or principles for the governance of a nation,
society, corporation, or other aggregate of individuals. It is the highest form of statutory law and is changed only
by amendment.
Rationale 4: Administrative bodies may be redefined, but constitutional laws cannot.
Global Rationale:
Guido, Legal and Ethical Issues in Nursing, 6 edition, Test Bank
LEGAL AND ETHICAL
ISSUES IN NURSING
6th Edition By Ginny Wacker Guido
TEST BANK
,Chapter 01: Legal Concepts and the Judicial Process
Guido: Legal and Ethical Issues in Nursing, 6th Edition, Test Bank
Question 1
Type: MCSA
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best strategy
is to contact the persons with authority to write and change this statutory law. Whom should the nurse contact?
1. State board of nursing
2. State governor
3. State legislature
4. State nursing association
Correct Answer: 3
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practice act
but not charged with writing the law.
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved in
writing nursing practice acts.
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and
create state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement and
enforce those acts.
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot do so
independently.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including
constitutional, statutory, administrative, and judicial (decisional) law.
Question 2
Type: MCSA
Guido, Legal and Ethical Issues in Nursing, 6 edition, Test Bank
,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?
1. No, because of the doctrine of res judicata
2. Yes, stare decisis allows retrial
3. Yes, because of the doctrine of precedent
4. No, this is a landmark decision
Correct Answer: 1
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has
been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original lawsuit
from retrying the same issues involved in the first lawsuit.
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with similar
fact patterns that have been previously decided by the court system.
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cases
with similar fact patterns that have been previously decided by the court system. Landmark decisions signify that
precedent is changed by the current court decision.
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
Question 3
Type: MCSA
The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse
expects that which court will have the greatest personal jurisdiction?
1. Federal Supreme Court
2. Federal district court
3. State supreme court
4. State trial court
Guido, Legal and Ethical Issues in Nursing, 6 edition, Test Bank
, Correct Answer: 1
Rationale 1: The federal Supreme Court is the highest court in the country and its decisions will affect all citizens.
It passes across all state and federal district boundaries, thus having the highest impact on people.
Rationale 2: Federal district courts are the first of the three levels of federal courts. They are not the courts with
widest jurisdiction.
Rationale 3: The state supreme court is the final authority for state issues, unless a federal issue or constitutional
right is involved.
Rationale 4: A state trial court is often the first court to hear legal disputes. It does not hold the widest jurisdiction.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.3 Define and give an application of jurisdiction and a landmark decision.
Question 4
Type: MCSA
Several state nursing associations are working together in an attempt to change a constitutional law. These
associations should ask for which action on this law?
1. Repeal
2. Expansion
3. Amendment
4. Redefinition
Correct Answer: 3
Rationale 1: Statutory laws can be repealed, but constitutional laws cannot.
Rationale 2: Statutory laws and administrative bodies can be expanded, but constitutional laws cannot.
Rationale 3: Constitutional law is a system of fundamental laws or principles for the governance of a nation,
society, corporation, or other aggregate of individuals. It is the highest form of statutory law and is changed only
by amendment.
Rationale 4: Administrative bodies may be redefined, but constitutional laws cannot.
Global Rationale:
Guido, Legal and Ethical Issues in Nursing, 6 edition, Test Bank
