1|Page
, Tableof contents P st st st
art 1: Introduction to the Law and the Judicial Process Cha
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pter 1: Legal Concepts and the Judicial Process Chapter 2: A
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natomy of a Lawsuit st st st
Part 2: Ethics st st
Chapter 3: Introduction to Ethics st st st st
Chapter 4: Application of Ethics in Nursing Practice Settings
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Part 3: Liability Issues Chapter
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5: Standards of Care Chapter 6:
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st Tort Law st
Chapter 7: Nursing Liability: Defenses st st st st
Chapter 8: Informed Consent and Patient Self-
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Determination Chapter 9: Documentation and Confidentiality st st st st st
Chapter 10: Professional Liability Insurancest st st st
Part 4: Impact of the Law on the Professional Practice of Nursing Chapter 1
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1: Nurse Practice Acts, Licensure, and the Scope of Practice Chapter 12: Adva
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nced Nursing Practice Roles
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Chapter 13: Corporate Liability Issues and Employment Laws
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Chapter 14: Federal Laws: The Americans with Disabilities Act of 1990 and the Civil
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Rights Act of 1991 st st st
Chapter 15: Nursing Management and the Nurse-
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Managers Chapter 16: Delegation and Supervision st st st st st
Part 5: Impact of the Law on Nursing in Selected Practice Settings
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Chapter 17: Nursing in Acute Care Settings st st st st st st
Chapter 18: Nursing in Ambulatory and Managed Care Settings
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2|Page
,Chapter 19: Public and Community Health Care C st st st st st st st
hapter 20: Nursing in Long-Term Care Settings st st st st st st
Chapter 01: Legal Concepts and the Judicial Process
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Question 1 Type: MCSA st st st
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best stra
st st st st st st st st st st st st st st st st st st st
tegy is to contact the persons with authority to write and change this statutory law. Whom should the nurse
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contact?
1. State board of nursing st st st
2. State governor st
3. State legislature st
4. State nursing association st st st
Correct Answer: 3 st st
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practic
st st st st st st st st st st st st st st st st
e act but not charged with writing the law.
st st st st st st st st
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved in w
st st st st st st st st st st st st st st st st st st st
riting nursing practice acts. st st st
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and c
st st st st st st st st st st st st st st st st
reate state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement
st st st st st st st st st st st st st st st st
and enforce those acts.
st st st
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot do
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so independently.
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Global Rationale: st
Cognitive Level: Applying st st
Client Need: Safe Effective Care Environment Cli
st st st st st st
ent Need Sub: Management of Care
st st st st st
3|Page
, Nursing/Integrated Concepts: Nursing Process: Implementation st st st st
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including c
st st st st st st st st st st st st st st st st st
onstitutional, statutory, administrative, and judicial (decisional) law. st st st st st st
Question 2 Type: MCSA st st st
A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury fou
st st st st st st st st st st st st st st st st st st st st st
nd for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a differe
st st st st st st st st st st st st st st st st st st st st st
nt decision?
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1. No, because of the doctrine of res judicata
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2. Yes, stare decisis allows retrial
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3. Yes, because of the doctrine of precedent
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4. No, this is a landmark decision
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Correct Answer: 1 st st
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has
st st st st st st st st st st st st st st st st st st st
been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original law
st st st st st st st st st st st st st st st st st
suit from retrying the same issues involved in the first lawsuit.
st st st st st st st st st st
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with
st st st st st st st st st st st st st st st st st st st
similar fact patterns that have been previously decided by the court system.
st st st st st st st st st st st
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cas
st st st st st st st st st st st st st st st st st st st st
es with similar fact patterns that have been previously decided by the court system. Landmark decisions sign
st st st st st st st st st st st st st st st st
ify that precedent is changed by the current court decision.
st st st st st st st st st
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision. Global
st st st st st st st st st st st st st st st
Rationale:
Cognitive Level: Analyzing st st
Client Need: Safe Effective Care Environment Cli
st st st st st st
ent Need Sub: Management of Care
st st st st st
Nursing/Integrated Concepts: Nursing Process: Assessment st st st st
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
st st st st st st st st st st st st st st
4|Page
, Tableof contents P st st st
art 1: Introduction to the Law and the Judicial Process Cha
st st st st st st st st st st
pter 1: Legal Concepts and the Judicial Process Chapter 2: A
st st st st st st st st st st
natomy of a Lawsuit st st st
Part 2: Ethics st st
Chapter 3: Introduction to Ethics st st st st
Chapter 4: Application of Ethics in Nursing Practice Settings
st st st st st st st st
Part 3: Liability Issues Chapter
st st st st
5: Standards of Care Chapter 6:
st st st st st st
st Tort Law st
Chapter 7: Nursing Liability: Defenses st st st st
Chapter 8: Informed Consent and Patient Self-
st st st st st st
Determination Chapter 9: Documentation and Confidentiality st st st st st
Chapter 10: Professional Liability Insurancest st st st
Part 4: Impact of the Law on the Professional Practice of Nursing Chapter 1
st st st st st st st st st st st st st
1: Nurse Practice Acts, Licensure, and the Scope of Practice Chapter 12: Adva
st st st st st st st st st st st st
nced Nursing Practice Roles
st st st
Chapter 13: Corporate Liability Issues and Employment Laws
st st st st st st st
Chapter 14: Federal Laws: The Americans with Disabilities Act of 1990 and the Civil
st st st st st st st st st st st st st
Rights Act of 1991 st st st
Chapter 15: Nursing Management and the Nurse-
st st st st st st
Managers Chapter 16: Delegation and Supervision st st st st st
Part 5: Impact of the Law on Nursing in Selected Practice Settings
st st st st st st st st st st st
Chapter 17: Nursing in Acute Care Settings st st st st st st
Chapter 18: Nursing in Ambulatory and Managed Care Settings
st st st st st st st st
2|Page
,Chapter 19: Public and Community Health Care C st st st st st st st
hapter 20: Nursing in Long-Term Care Settings st st st st st st
Chapter 01: Legal Concepts and the Judicial Process
st st st st st st st
Question 1 Type: MCSA st st st
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best stra
st st st st st st st st st st st st st st st st st st st
tegy is to contact the persons with authority to write and change this statutory law. Whom should the nurse
st st st st st st st st st st st st st st st st st st st
contact?
1. State board of nursing st st st
2. State governor st
3. State legislature st
4. State nursing association st st st
Correct Answer: 3 st st
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practic
st st st st st st st st st st st st st st st st
e act but not charged with writing the law.
st st st st st st st st
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved in w
st st st st st st st st st st st st st st st st st st st
riting nursing practice acts. st st st
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and c
st st st st st st st st st st st st st st st st
reate state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement
st st st st st st st st st st st st st st st st
and enforce those acts.
st st st
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot do
st st st st st st st st st st st st st st st st st st
so independently.
st
Global Rationale: st
Cognitive Level: Applying st st
Client Need: Safe Effective Care Environment Cli
st st st st st st
ent Need Sub: Management of Care
st st st st st
3|Page
, Nursing/Integrated Concepts: Nursing Process: Implementation st st st st
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including c
st st st st st st st st st st st st st st st st st
onstitutional, statutory, administrative, and judicial (decisional) law. st st st st st st
Question 2 Type: MCSA st st st
A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury fou
st st st st st st st st st st st st st st st st st st st st st
nd for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a differe
st st st st st st st st st st st st st st st st st st st st st
nt decision?
st
1. No, because of the doctrine of res judicata
st st st st st st st
2. Yes, stare decisis allows retrial
st st st st
3. Yes, because of the doctrine of precedent
st st st st st st
4. No, this is a landmark decision
st st st st st st
Correct Answer: 1 st st
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has
st st st st st st st st st st st st st st st st st st st
been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original law
st st st st st st st st st st st st st st st st st
suit from retrying the same issues involved in the first lawsuit.
st st st st st st st st st st
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with
st st st st st st st st st st st st st st st st st st st
similar fact patterns that have been previously decided by the court system.
st st st st st st st st st st st
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cas
st st st st st st st st st st st st st st st st st st st st
es with similar fact patterns that have been previously decided by the court system. Landmark decisions sign
st st st st st st st st st st st st st st st st
ify that precedent is changed by the current court decision.
st st st st st st st st st
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision. Global
st st st st st st st st st st st st st st st
Rationale:
Cognitive Level: Analyzing st st
Client Need: Safe Effective Care Environment Cli
st st st st st st
ent Need Sub: Management of Care
st st st st st
Nursing/Integrated Concepts: Nursing Process: Assessment st st st st
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
st st st st st st st st st st st st st st
4|Page
