Nursing Jurisprudence Exam COMPREHENSIVE
QUESTIONS AND VERIFIED ANSWERS
2025(GRADED A+) DETAILED ANSWERS!!
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Terms in this set (75)
Jurisprudence the science or philosophy of law
-Constitutional Law: Federal, State
-Statutory Law: Federal, State
Sources of Law
-Common Law
-Administrative Law
Federal or state government attempting to deprive an
Criminal Law individual of life or liberty for something the law
considers an offence against society in general
Seeks to resolve disputes between private parties,
Civil Law
which often result in payment of money
Beyond a reasonable doubt; preponderance of the
Different Burden of Proof
evidence
-Negligence
Types of Torts -Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
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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
Malpractice
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.
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
Elements of a Nursing
of care
Malpractice Lawsuit
Harm - an actual injury
Cause - there must be proof that the injury was
caused by the nurse's act or omission
Example of this tort: A nurse threatens to place an NG
tube in a client who is refusing to eat
Intentional Tort: Assault
Intentionally placing another in apprehension or fear
that they will suffer harmful or offensive contact.
Intentional contact that is harmful or offensive, or
creating the apprehension that such contact is
imminent.
Intentional Tort: Battery -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
"unjustifiable detention of a person without legal
warrant to confine the person" (client has the right to
Intentional Tort: False leave AMA)
Imprisonment
-false imprisonment accompanied by forceful restraint
or threat of restraint is BATTERY.
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A communication that tends to hold the plaintiff up to
Quasi-Intentional Tort: hatred, contempt or ridicule, or to cause him to be
Defamation shunned or avoided.
Tarnishing the reputation of someone.
Types:
Quasi-Intentional Tort:
Libel - printed or broadcast
Defamation Types
Slander - spoken
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
Nurse Practice Act (NPA) 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
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 & Regulations
Rules and regulations must be consistent with the
NPA and cannot go beyond it. These rules and
regulations undergo a process of public review
before enactment. Once enacted, rules and
regulations have the full force and effect of law.
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