TEXAS NURSING JURISPRUDENCE
EXAM 2025 QUESTIONS AND ANSWERS
Jurisprudence - ANS The science or philosophy of law
Sources of Law - ANS - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Criminal Law - ANS Federal or state government is attempting to deprive an individual of life
or liberty for something the law considers an offense against society in general.
Civil Law - ANS Seeks to resolve disputes between private parties, which often results in the
payment of money.
Different Burden of Proof - ANS Beyond a reasonable doubt
A preponderance of the evidence
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, Tort Law - ANS A civil wrong that causes someone else to suffer loss or harm resulting in
legal liability for the person who commits the tortious act.
Types of Torts - ANS - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
Malpractice - ANS 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 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 - ANS 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 - ANS Intentionally placing another in apprehension or fear that
they will suffer harmful or offensive contact.
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, Intentional Tort: Battery - ANS Intentional contact that is harmful or offensive, or creating
the apprehension that such contact is imminent.
Intentional Tort: False Imprisonment - ANS Willful detention without consent and without
authority of law.
Quasi-Intentional Tort: Defamation - ANS 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 - ANS Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act - ANS 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 NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
Standards and scope of nursing practice
Types of titles and licenses
Requirements for licensure
Grounds for disciplinary action, other violations and possible remedies
Rules & Regulations - ANS 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
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authority to develop administrative rules or regulations to clarify or make the law more specific.
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Rules and regulations must be consistent with the NPA and cannot go beyond it. These rules
@COPYRIGHT BRAINBARTER 2025/2026
EXAM 2025 QUESTIONS AND ANSWERS
Jurisprudence - ANS The science or philosophy of law
Sources of Law - ANS - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Criminal Law - ANS Federal or state government is attempting to deprive an individual of life
or liberty for something the law considers an offense against society in general.
Civil Law - ANS Seeks to resolve disputes between private parties, which often results in the
payment of money.
Different Burden of Proof - ANS Beyond a reasonable doubt
A preponderance of the evidence
1
Page
@COPYRIGHT BRAINBARTER 2025/2026
, Tort Law - ANS A civil wrong that causes someone else to suffer loss or harm resulting in
legal liability for the person who commits the tortious act.
Types of Torts - ANS - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
Malpractice - ANS 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 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 - ANS 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 - ANS Intentionally placing another in apprehension or fear that
they will suffer harmful or offensive contact.
2
Page
@COPYRIGHT BRAINBARTER 2025/2026
, Intentional Tort: Battery - ANS Intentional contact that is harmful or offensive, or creating
the apprehension that such contact is imminent.
Intentional Tort: False Imprisonment - ANS Willful detention without consent and without
authority of law.
Quasi-Intentional Tort: Defamation - ANS 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 - ANS Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act - ANS 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 NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
Standards and scope of nursing practice
Types of titles and licenses
Requirements for licensure
Grounds for disciplinary action, other violations and possible remedies
Rules & Regulations - ANS 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
3
authority to develop administrative rules or regulations to clarify or make the law more specific.
Page
Rules and regulations must be consistent with the NPA and cannot go beyond it. These rules
@COPYRIGHT BRAINBARTER 2025/2026
