TEXAS MEDICAL JURISPRUDENCE EXAM MANUAL 2025
QUESTIONS WITH ANSWERS RATED A+
✔✔What are the 2 main areas of litigation on the civil side? - ✔✔Torts
Contracts
✔✔What are 4 examples of torts? - ✔✔Battery
Invasion of privacy
Negligence/malpractice
Negligent misrepresentation
✔✔What is battery? - ✔✔Intentional tort
You do not touch a patient or perform a procedure on a patient without informed
consent
✔✔What are the 4 offenses relating to the invasion of privacy tort? - ✔✔Cannot let our
confidential info
Cannot put people in bad lights
Cannot abuse the value of a person's image (photos without consent)
Cannot invade upon the spatial seclusion of a person
✔✔What is the #1 tort? - ✔✔Negligence
✔✔What is the professional form of negligence? - ✔✔Malpractice
✔✔What is the predicate to malpractice/negligence? - ✔✔A DUTY
✔✔What are the 4 necessary things to have in malpractice/negligence? - ✔✔Duty
Breach
Cause (direct or proximate)
Damages
✔✔What is proximate cause? - ✔✔The fault was foreseeable and within the "zone of
danger" that you can predict harm would occur
✔✔What is negligent misrepresentation? - ✔✔A tort; You must exercise reasonable
care when answering patient questions knowing that the patient is going to rely upon
you
✔✔What are the key defenses used in defending a tort case? (5) -
✔✔Contributory/comparative negligence
Time
Borrowed servant
Assumption of risk (informed consent)
, Res judicata
✔✔What the contributory/comparative negligence defense? - ✔✔Where the plaintiff's
actions intervene and they have created an unforeseeable consequence that lets you
off the hook
✔✔What is the time defense? - ✔✔Unless you cover up an injury intentionally, the
plaintiff generally has 2 years to sue for malpractice
✔✔What is the borrowed servant defense? - ✔✔You're only responsible for the
negligence of your employees WHEN they're working for YOU, not when they aren't
anymore
✔✔What is the assumption of risk/informed consent defense? - ✔✔As long as you
engage in an informed consent process with your patients whereby you put the patient
in a position that they can make a rational decision by any *prudent person* in their
circumstances
✔✔What is the res judicata defense? - ✔✔"the decision stands"
Criminal - double jeopardy, you can't be prosecuted twice
Civil - res judicata, you can't be sued twice
✔✔What are the 3 levels of criminal law? - ✔✔Felony
Misdemeanor
Summary offenses
✔✔What determines your level of culpability in criminal law? - ✔✔Mens rea
✔✔When is mens rea NOT enough for disobeying certain laws? *strict liability*? -
✔✔Stark law (referrals to family members)
FDA
✔✔If you break a rule in medicine, you go before what? - ✔✔An Administrative Law
Judge (ALJ)
✔✔What are the 3 key defenses in administrative law? - ✔✔Due process
Equal protection
Ultra vires (the agency is acting beyond its statutory mandate)
✔✔Indictment is associated with criminal or civil? - ✔✔Criminal
✔✔Complaint/summons is associated with criminal or civil? - ✔✔Civil
QUESTIONS WITH ANSWERS RATED A+
✔✔What are the 2 main areas of litigation on the civil side? - ✔✔Torts
Contracts
✔✔What are 4 examples of torts? - ✔✔Battery
Invasion of privacy
Negligence/malpractice
Negligent misrepresentation
✔✔What is battery? - ✔✔Intentional tort
You do not touch a patient or perform a procedure on a patient without informed
consent
✔✔What are the 4 offenses relating to the invasion of privacy tort? - ✔✔Cannot let our
confidential info
Cannot put people in bad lights
Cannot abuse the value of a person's image (photos without consent)
Cannot invade upon the spatial seclusion of a person
✔✔What is the #1 tort? - ✔✔Negligence
✔✔What is the professional form of negligence? - ✔✔Malpractice
✔✔What is the predicate to malpractice/negligence? - ✔✔A DUTY
✔✔What are the 4 necessary things to have in malpractice/negligence? - ✔✔Duty
Breach
Cause (direct or proximate)
Damages
✔✔What is proximate cause? - ✔✔The fault was foreseeable and within the "zone of
danger" that you can predict harm would occur
✔✔What is negligent misrepresentation? - ✔✔A tort; You must exercise reasonable
care when answering patient questions knowing that the patient is going to rely upon
you
✔✔What are the key defenses used in defending a tort case? (5) -
✔✔Contributory/comparative negligence
Time
Borrowed servant
Assumption of risk (informed consent)
, Res judicata
✔✔What the contributory/comparative negligence defense? - ✔✔Where the plaintiff's
actions intervene and they have created an unforeseeable consequence that lets you
off the hook
✔✔What is the time defense? - ✔✔Unless you cover up an injury intentionally, the
plaintiff generally has 2 years to sue for malpractice
✔✔What is the borrowed servant defense? - ✔✔You're only responsible for the
negligence of your employees WHEN they're working for YOU, not when they aren't
anymore
✔✔What is the assumption of risk/informed consent defense? - ✔✔As long as you
engage in an informed consent process with your patients whereby you put the patient
in a position that they can make a rational decision by any *prudent person* in their
circumstances
✔✔What is the res judicata defense? - ✔✔"the decision stands"
Criminal - double jeopardy, you can't be prosecuted twice
Civil - res judicata, you can't be sued twice
✔✔What are the 3 levels of criminal law? - ✔✔Felony
Misdemeanor
Summary offenses
✔✔What determines your level of culpability in criminal law? - ✔✔Mens rea
✔✔When is mens rea NOT enough for disobeying certain laws? *strict liability*? -
✔✔Stark law (referrals to family members)
FDA
✔✔If you break a rule in medicine, you go before what? - ✔✔An Administrative Law
Judge (ALJ)
✔✔What are the 3 key defenses in administrative law? - ✔✔Due process
Equal protection
Ultra vires (the agency is acting beyond its statutory mandate)
✔✔Indictment is associated with criminal or civil? - ✔✔Criminal
✔✔Complaint/summons is associated with criminal or civil? - ✔✔Civil
