Legal Exam Questions Modules 1-3
Criminal charges have been brought against a nurse who made a medication error that resulted in a
child's death. Which level of evidence is expected in this case?
a) evidence beyond a reasonable doubt
b) clear and convincing evidence
c) discovery evidence
d) preponderance of evidence - ✔✔ correct answer A
A patient brought into the emergency department was injured while he subsequently attacking his
neighbor with a knife. After treatment for his wounds, the patient was arrested and charged with assault
and battery. Which classification or type of law would determine the case against this individual (the
defendant)?
a) civil law
b) constitutional law
c) criminal law
d) private law - ✔✔ correct answer C
A nurse has agreed to participate in a videotaped deposition in a malpractice case. What does this
indicate?
a) the nurse's testimony can be presented in court, even though the nurse is unavailable for the trial date
b) the nurse is testifying as an expert witness
c) the plaintiff's attorney believes the nurse is a liability for personal trial appearance, but will be credible
on tape
d) the nurse is afraid testimony will adversely affect - ✔✔ correct answer A
A nurse is scheduled to appear before the state board of nursing in regard to action against the nurse's
license. Which occurrences would violate due process of law? Select all that apply.
a) the time of the hearing was changed without adequate notice to the nurse
,Legal Exam Questions Modules 1-3
b) the nurse was suspended by her private employer pending the outcome of this action
c) the nurse was told the meeting was in regard to a complaint about the agency where the nurse was
employed
d) a tropical storm forced postponement of the board meeting until next month
e) other nurses involved in the situation leading to the action were not similarly summoned before the
board - ✔✔ correct answer A, C
The Board of Directors for General Hospital, state funded hospital elects to limit surgical procedures for
morbid obesity to male patients. Female patients receive pharmacologic therapy, counseling, and
instruction for diet and exercise, but are excluded from operative procedures. Under which legal concept
is this illegal?
a) stare decisis
b) due process of law
c) res judicata
d) equal protection under the law - ✔✔ correct answer D
A nurse has been called to testify in a malpractice lawsuit. Which information should the attorney
provide about the process of cross-examination?
a) cross examination allows the nurse to ask questions of the opposing counsel
b) during this process opposing counsel will try to refute the nurse's testimony
c) cross examination is a process to ensure that both attorneys question all witnesses
d) this process allows opposing counsel to explain the meaning of the nurse's testimony - ✔✔ correct
answer B
A person who was injured in a motor vehicle accident sued the driver to recover hospital and therapy
costs. Which type of law would be enforced in this situation?
a) public law
b) procedural law
, Legal Exam Questions Modules 1-3
c) tort law
d) constitutional law - ✔✔ correct answer C
In providing quality nursing care, the following can be utilized and followed. Select all that apply.
a) Identify and know your personal strengths and weaknesses
b) follow safety protocols with medication administration of a drug when you are unfamiliar with the
pharmacodynamics
c) use SBAR only when you don't understand the provider's orders
d) become and remain a life-long learned in the nursing profession
e) safe and clear delegation of tasks to assistive personnel - ✔✔ correct answer A, B, D, E
A nurse is leaving the parking lot at the hospital and carelessly runs over a patient who was just
discharged. Ironically, the nurse had been assigned to care for that patient that day. If the patient sues
this nurse, which statement is true?
a) the nurse cannot be held liable for either malpractice or negligence based upon this set of facts
b) the nurse can be held liable for both negligence and malpractice
c) the nurse can be held liable for malpractice but not negligence
d) the nurse can be held liable for negligence but not malpractice - ✔✔ correct answer D
A lawsuit is brought against a nurse in a rural hospital. The nurse replies that the standard of care for
rural nurses is different from that for nurses working in large urban facilities. Is this a defensible position?
a) no; rural nurses work in a slower paced environment, so they have more time to provide quality
personal care
b) yes; the rural nurse does not have access to the same quality of inservice education as the urban
nurse
c) no; nurses in rural settings must meet the same standards as those practicing in large urban areas
d) yes; it is well known that rural health care is substandard as compared to urban health care. - ✔✔
correct answer C
Criminal charges have been brought against a nurse who made a medication error that resulted in a
child's death. Which level of evidence is expected in this case?
a) evidence beyond a reasonable doubt
b) clear and convincing evidence
c) discovery evidence
d) preponderance of evidence - ✔✔ correct answer A
A patient brought into the emergency department was injured while he subsequently attacking his
neighbor with a knife. After treatment for his wounds, the patient was arrested and charged with assault
and battery. Which classification or type of law would determine the case against this individual (the
defendant)?
a) civil law
b) constitutional law
c) criminal law
d) private law - ✔✔ correct answer C
A nurse has agreed to participate in a videotaped deposition in a malpractice case. What does this
indicate?
a) the nurse's testimony can be presented in court, even though the nurse is unavailable for the trial date
b) the nurse is testifying as an expert witness
c) the plaintiff's attorney believes the nurse is a liability for personal trial appearance, but will be credible
on tape
d) the nurse is afraid testimony will adversely affect - ✔✔ correct answer A
A nurse is scheduled to appear before the state board of nursing in regard to action against the nurse's
license. Which occurrences would violate due process of law? Select all that apply.
a) the time of the hearing was changed without adequate notice to the nurse
,Legal Exam Questions Modules 1-3
b) the nurse was suspended by her private employer pending the outcome of this action
c) the nurse was told the meeting was in regard to a complaint about the agency where the nurse was
employed
d) a tropical storm forced postponement of the board meeting until next month
e) other nurses involved in the situation leading to the action were not similarly summoned before the
board - ✔✔ correct answer A, C
The Board of Directors for General Hospital, state funded hospital elects to limit surgical procedures for
morbid obesity to male patients. Female patients receive pharmacologic therapy, counseling, and
instruction for diet and exercise, but are excluded from operative procedures. Under which legal concept
is this illegal?
a) stare decisis
b) due process of law
c) res judicata
d) equal protection under the law - ✔✔ correct answer D
A nurse has been called to testify in a malpractice lawsuit. Which information should the attorney
provide about the process of cross-examination?
a) cross examination allows the nurse to ask questions of the opposing counsel
b) during this process opposing counsel will try to refute the nurse's testimony
c) cross examination is a process to ensure that both attorneys question all witnesses
d) this process allows opposing counsel to explain the meaning of the nurse's testimony - ✔✔ correct
answer B
A person who was injured in a motor vehicle accident sued the driver to recover hospital and therapy
costs. Which type of law would be enforced in this situation?
a) public law
b) procedural law
, Legal Exam Questions Modules 1-3
c) tort law
d) constitutional law - ✔✔ correct answer C
In providing quality nursing care, the following can be utilized and followed. Select all that apply.
a) Identify and know your personal strengths and weaknesses
b) follow safety protocols with medication administration of a drug when you are unfamiliar with the
pharmacodynamics
c) use SBAR only when you don't understand the provider's orders
d) become and remain a life-long learned in the nursing profession
e) safe and clear delegation of tasks to assistive personnel - ✔✔ correct answer A, B, D, E
A nurse is leaving the parking lot at the hospital and carelessly runs over a patient who was just
discharged. Ironically, the nurse had been assigned to care for that patient that day. If the patient sues
this nurse, which statement is true?
a) the nurse cannot be held liable for either malpractice or negligence based upon this set of facts
b) the nurse can be held liable for both negligence and malpractice
c) the nurse can be held liable for malpractice but not negligence
d) the nurse can be held liable for negligence but not malpractice - ✔✔ correct answer D
A lawsuit is brought against a nurse in a rural hospital. The nurse replies that the standard of care for
rural nurses is different from that for nurses working in large urban facilities. Is this a defensible position?
a) no; rural nurses work in a slower paced environment, so they have more time to provide quality
personal care
b) yes; the rural nurse does not have access to the same quality of inservice education as the urban
nurse
c) no; nurses in rural settings must meet the same standards as those practicing in large urban areas
d) yes; it is well known that rural health care is substandard as compared to urban health care. - ✔✔
correct answer C
