Nursing Jurisprudence UPDATED Exam
Questions and CORRECT Answers
Jurisprudence - CORRECT ANSWER - The science or philosophy of law
Sources of Law - CORRECT ANSWER - - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Criminal Law - CORRECT 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 - CORRECT ANSWER - Seeks to resolve disputes between private parties,
which often results in the payment of money.
Different Burden of Proof - CORRECT ANSWER - Beyond a reasonable doubt
A preponderance of the evidence
Tort Law - CORRECT 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 - CORRECT ANSWER - - Negligence
- Intentional Torts
,Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
Malpractice - CORRECT 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 - CORRECT 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 - CORRECT ANSWER - Intentionally placing another in
apprehension or fear that they will suffer harmful or offensive contact.
Intentional Tort: Battery - CORRECT ANSWER - Intentional contact that is harmful or
offensive, or creating the apprehension that such contact is imminent.
Intentional Tort: False Imprisonment - CORRECT ANSWER - Willful detention without
consent and without authority of law.
, Quasi-Intentional Tort: Defamation - CORRECT 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 - CORRECT ANSWER - Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 authority to develop administrative rules or regulations to clarify or
make the law more specific. Rules and regulations must be consistent with the NPA and cannot
go beyond it. These rules and regulations undergo a process of public review before enactment.
Once enacted, rules and regulations have the full force and effect of law.
Questions and CORRECT Answers
Jurisprudence - CORRECT ANSWER - The science or philosophy of law
Sources of Law - CORRECT ANSWER - - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Criminal Law - CORRECT 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 - CORRECT ANSWER - Seeks to resolve disputes between private parties,
which often results in the payment of money.
Different Burden of Proof - CORRECT ANSWER - Beyond a reasonable doubt
A preponderance of the evidence
Tort Law - CORRECT 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 - CORRECT ANSWER - - Negligence
- Intentional Torts
,Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
Malpractice - CORRECT 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 - CORRECT 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 - CORRECT ANSWER - Intentionally placing another in
apprehension or fear that they will suffer harmful or offensive contact.
Intentional Tort: Battery - CORRECT ANSWER - Intentional contact that is harmful or
offensive, or creating the apprehension that such contact is imminent.
Intentional Tort: False Imprisonment - CORRECT ANSWER - Willful detention without
consent and without authority of law.
, Quasi-Intentional Tort: Defamation - CORRECT 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 - CORRECT ANSWER - Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 authority to develop administrative rules or regulations to clarify or
make the law more specific. Rules and regulations must be consistent with the NPA and cannot
go beyond it. These rules and regulations undergo a process of public review before enactment.
Once enacted, rules and regulations have the full force and effect of law.
