TEXAS NURSING JURISPRUDENCE QUESTIONS
AND ANSWERS COMPLETE SOLUTIONS
◉ 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 is attempting
to deprive an individual of life or liberty for something the law
considers an offense against society in general.
◉ Civil Law. Answer: Seeks to resolve disputes between private
parties, which often results in the payment of money.
◉ Different Burden of Proof. Answer: Beyond a reasonable doubt
A preponderance of the evidence
,◉ Tort Law. Answer: 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. Answer: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
◉ Malpractice. Answer: 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. 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: 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.
◉ Intentional Tort: False Imprisonment. Answer: Willful detention
without consent and without authority of law.
◉ 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
AND ANSWERS COMPLETE SOLUTIONS
◉ 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 is attempting
to deprive an individual of life or liberty for something the law
considers an offense against society in general.
◉ Civil Law. Answer: Seeks to resolve disputes between private
parties, which often results in the payment of money.
◉ Different Burden of Proof. Answer: Beyond a reasonable doubt
A preponderance of the evidence
,◉ Tort Law. Answer: 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. Answer: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
◉ Malpractice. Answer: 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. 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: 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.
◉ Intentional Tort: False Imprisonment. Answer: Willful detention
without consent and without authority of law.
◉ 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
