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Chapter 1 Legal Concepts and the Judicial Process h h h h h h
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or
h h h h h h h h h h
answers the question.
h h h
1)
1) A nurse would like to advocate for a modification of the state's nursing
h h h h h h h h h h h h
h practice act and believes the best strategy is to contact the persons with h h h h h h h h h h h h
h authority to write and change this statutory law. Whom should the nurse h h h h h h h h h h h
h contact?
A) State nursing association B) State board of nursing h h h h h h h h
C) State governor h h D) State legislature h h h h
2)
2) A group of nurses are reviewing the decision of legal action in which a
h h h h h h h h h h h h h
patient brought suit against a hospital for injuries sustained in a fall. The case
h h h h h h h h h h h h h h
went to trial and the jury found for the hospital. Which legal precedent would
h h h h h h h h h h h h h h h h h h
the nurses select if the patient were to take this same suit and evidence to
h h h h h h h h h h h h h h h h h h h h h h h h h h
another trial court in hopes of a different decision?
h h h h h h h h h
A) Stare decisis h
B) Res judicata h
C) Doctrine of precedent h h
3)
D) None needed as this is an example of a landmark decision. h h h h h h h h h h h
3) The circumstances of a lawsuit cause it to be under the jurisdiction of more
h h h h h h h h h h h h h
than one court. In this case, the nurse expects that which court will have the greatest
h h h h h h h h h h h h h h h h
personal jurisdiction?
h h
4)
A) State trial court B) Federal Supreme Court h h h h h h h h
C) State Supreme Court h h D) Federal district court h h h h h h
4) Several state nursing associations are working together in an attempt to change a constitutional
h h h h h h h h h h h h h 5)
law. These nursing associations should ask for which action on this law?
h h h h h h h h h h h h
A) Amendment B) Redefinition C) Repeal D) Expansion h h h h h
5) An emergency department patient was injured while attacking his neighbor with
h h h h h h h h h h
a knife. After treatment the patient was arrested and charged with battery
h h h h h h h h h h h h h h h h
and assault. The nurse in reviewing this information would identify which
h h h h h h h h h h h h h h h
classification or type of law to be applied in the case against this defendant?
h h h h h h h h h h h h h h 6)
A) Constitutional law B) Criminal law h h h h h h
C) Private law h D) Civil law
h h h h h
6) A nurse is reviewing legal law concepts. A person who was injured in a
h h h h h h h h h h h h h
motor vehicle accident sued the driver to recover hospital costs. Which type
h h h h h h h h h h h h
of law would the nurse identify as being enforced in this situation?
h h h h h h h h h h h h
7)
A) Tort law B) Constitutional law h h h h h h
C) Public law h D) Procedural law
h h h h h
7) An emergency department nurse has agreed to testify as an expert witness in a
h h h h h h h h h h h h h
lawsuit involving a child. The opposing attorney questions the nurse's qualifications
h h h h h h h h h h h
as a pediatric nurse. Which type of law does this scenario reflect?
h h h h h h h h h h h h
A) Procedural law B) Due process of law h h h h h h h
C) Substantive law h D) Private law
h h h h h h
1
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Distributionofthisdocument is illegal h h h h h
, Stuvia.com - TheMarketplacetoBuy and Sell your Study Material h h h h h h h h h h
8) A nurse is scheduled to appear before the state board of nursing in regard
h h h h h h h h h h h h h
2
to action against the nurse's license. Which occurrences would violate the
h h h h h h h h h h h
nurse's due process of law?
h h h h h
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
h h h h h h h h h h h h h h h h h h h h h h h h
Select all that apply. h h h h h
A) The nurse was suspended by her private employer pending outcome of this h h h h h h h h h h h
action. h
B) A snow storm forced postponement of the board meeting until next month.
h h h h h h h h h h h
C) The time of the hearing was changed without adequate notice to the nurse. h h h h h h h h h h h h h h
D) The nurse was told the meeting was in regard to a complaint h h h h h h h h h h h
about the agency where the nurse was employed.
h h h h h h h h
E) Other nurses involved in the situation leading to the action were not h h h h h h h h h h h
similarly summoned before the board. h h h h h
9) A group of nurses are part of an interdisciplinary team at a local county hospital.
h h h h h h h h h h h h h h
hThis county-supported hospital elects to limit surgical procedures for morbid obesity to
h h h h h h h h h h h
hmale patients. Female patients receive pharmacologic therapy, counseling, and
h h h h h h h
hinstruction
for diet and exercise, but are excluded from operative procedures. Which
h h h h h h h h h
legal concept would the nurses identify as
h being illegal based on the
h h h h h h h h h h
hospital's action?
h h
A) Stare decisis B) Due process of law h h h h h h
C) Res judicata h h D) Equal protection under the law h h h h h h h h
10) Nurses are discussing the role of the judge in judicial proceedings. In
h h h h h h h h h h h
which situation would the nurses identify a judge to serve both as a
h h h h h h h h h h h h h
fact-finder and determiner of questions of law?
h h h h h h h
A) The jury asks the judge to address both types of questions. h h h h h h h h h h
B) The attorneys for the plaintiff agree to such a condition. h h h h h h h h h
C) The case is so complex that the jury is unable to decide the question. h h h h h h h h h h h h h
D) Trial by jury is waived by both sides. h h h h h h h h h h
11) During a jury trial, the presence of a nurse-patient relationship is
h h h h h h h h h h
questioned. What kind of question is this and who would determine it?
h h h h h h h h h h h h
A) Law to be determined by the jury B) Fact to be determined by the jury h h h h h h h h h h h h h h
C) Fact to be determined by the judge
h h D) Law to be determined by the judge h h h h h h h h h h h h h h
12) A patient says, "I was told my back pain is the result of care that I received
h h h h h h h h h h h h h h h h
when I was in the
h hospital a year ago. How long do I have to file a
h h h h h h h h h h h h h h h
lawsuit?" Which statements made by the nurse are appropriate?
h h h h h h h h h
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
h h h h h h h h h h h h h h h h h h h h h h h h
Select all that apply. h h h h h
A) "A general rule is 2 years from the time you knew what caused your injury."
h h h h h h h h h h h h h h h h
B) "In some cases it depends if the injury was due to trauma or disease."
h h h h h h h h h h h h h
C) "State laws differ on the statute of limitation for personal injury." h h h h h h h h h h h h h
D) "You should move to Washington because their statute of limitation is longer." h h h h h h h h h h h h h h
E) "It is too late if you knew you had back pain right after the fall."
h h h h h h h h h h h h h h
Downloaded by: GradeA | h h h h
Distributionofthisdocument is illegal h h h h h
, 8)
9)
10)
11)
12)
Downloaded by: GradeA |
h h h h
Distributionofthisdocument is illegal
h h h h h
h h h h
Distributionofthisdocument is illegal
h h h h h
, Stuvia.com - TheMarketplacetoBuy and Sell your Study Material h h h h h h h h h h
Chapter 1 Legal Concepts and the Judicial Process h h h h h h
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or
h h h h h h h h h h
answers the question.
h h h
1)
1) A nurse would like to advocate for a modification of the state's nursing
h h h h h h h h h h h h
h practice act and believes the best strategy is to contact the persons with h h h h h h h h h h h h
h authority to write and change this statutory law. Whom should the nurse h h h h h h h h h h h
h contact?
A) State nursing association B) State board of nursing h h h h h h h h
C) State governor h h D) State legislature h h h h
2)
2) A group of nurses are reviewing the decision of legal action in which a
h h h h h h h h h h h h h
patient brought suit against a hospital for injuries sustained in a fall. The case
h h h h h h h h h h h h h h
went to trial and the jury found for the hospital. Which legal precedent would
h h h h h h h h h h h h h h h h h h
the nurses select if the patient were to take this same suit and evidence to
h h h h h h h h h h h h h h h h h h h h h h h h h h
another trial court in hopes of a different decision?
h h h h h h h h h
A) Stare decisis h
B) Res judicata h
C) Doctrine of precedent h h
3)
D) None needed as this is an example of a landmark decision. h h h h h h h h h h h
3) The circumstances of a lawsuit cause it to be under the jurisdiction of more
h h h h h h h h h h h h h
than one court. In this case, the nurse expects that which court will have the greatest
h h h h h h h h h h h h h h h h
personal jurisdiction?
h h
4)
A) State trial court B) Federal Supreme Court h h h h h h h h
C) State Supreme Court h h D) Federal district court h h h h h h
4) Several state nursing associations are working together in an attempt to change a constitutional
h h h h h h h h h h h h h 5)
law. These nursing associations should ask for which action on this law?
h h h h h h h h h h h h
A) Amendment B) Redefinition C) Repeal D) Expansion h h h h h
5) An emergency department patient was injured while attacking his neighbor with
h h h h h h h h h h
a knife. After treatment the patient was arrested and charged with battery
h h h h h h h h h h h h h h h h
and assault. The nurse in reviewing this information would identify which
h h h h h h h h h h h h h h h
classification or type of law to be applied in the case against this defendant?
h h h h h h h h h h h h h h 6)
A) Constitutional law B) Criminal law h h h h h h
C) Private law h D) Civil law
h h h h h
6) A nurse is reviewing legal law concepts. A person who was injured in a
h h h h h h h h h h h h h
motor vehicle accident sued the driver to recover hospital costs. Which type
h h h h h h h h h h h h
of law would the nurse identify as being enforced in this situation?
h h h h h h h h h h h h
7)
A) Tort law B) Constitutional law h h h h h h
C) Public law h D) Procedural law
h h h h h
7) An emergency department nurse has agreed to testify as an expert witness in a
h h h h h h h h h h h h h
lawsuit involving a child. The opposing attorney questions the nurse's qualifications
h h h h h h h h h h h
as a pediatric nurse. Which type of law does this scenario reflect?
h h h h h h h h h h h h
A) Procedural law B) Due process of law h h h h h h h
C) Substantive law h D) Private law
h h h h h h
1
Downloaded by: GradeA | h h h h
Distributionofthisdocument is illegal h h h h h
, Stuvia.com - TheMarketplacetoBuy and Sell your Study Material h h h h h h h h h h
8) A nurse is scheduled to appear before the state board of nursing in regard
h h h h h h h h h h h h h
2
to action against the nurse's license. Which occurrences would violate the
h h h h h h h h h h h
nurse's due process of law?
h h h h h
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
h h h h h h h h h h h h h h h h h h h h h h h h
Select all that apply. h h h h h
A) The nurse was suspended by her private employer pending outcome of this h h h h h h h h h h h
action. h
B) A snow storm forced postponement of the board meeting until next month.
h h h h h h h h h h h
C) The time of the hearing was changed without adequate notice to the nurse. h h h h h h h h h h h h h h
D) The nurse was told the meeting was in regard to a complaint h h h h h h h h h h h
about the agency where the nurse was employed.
h h h h h h h h
E) Other nurses involved in the situation leading to the action were not h h h h h h h h h h h
similarly summoned before the board. h h h h h
9) A group of nurses are part of an interdisciplinary team at a local county hospital.
h h h h h h h h h h h h h h
hThis county-supported hospital elects to limit surgical procedures for morbid obesity to
h h h h h h h h h h h
hmale patients. Female patients receive pharmacologic therapy, counseling, and
h h h h h h h
hinstruction
for diet and exercise, but are excluded from operative procedures. Which
h h h h h h h h h
legal concept would the nurses identify as
h being illegal based on the
h h h h h h h h h h
hospital's action?
h h
A) Stare decisis B) Due process of law h h h h h h
C) Res judicata h h D) Equal protection under the law h h h h h h h h
10) Nurses are discussing the role of the judge in judicial proceedings. In
h h h h h h h h h h h
which situation would the nurses identify a judge to serve both as a
h h h h h h h h h h h h h
fact-finder and determiner of questions of law?
h h h h h h h
A) The jury asks the judge to address both types of questions. h h h h h h h h h h
B) The attorneys for the plaintiff agree to such a condition. h h h h h h h h h
C) The case is so complex that the jury is unable to decide the question. h h h h h h h h h h h h h
D) Trial by jury is waived by both sides. h h h h h h h h h h
11) During a jury trial, the presence of a nurse-patient relationship is
h h h h h h h h h h
questioned. What kind of question is this and who would determine it?
h h h h h h h h h h h h
A) Law to be determined by the jury B) Fact to be determined by the jury h h h h h h h h h h h h h h
C) Fact to be determined by the judge
h h D) Law to be determined by the judge h h h h h h h h h h h h h h
12) A patient says, "I was told my back pain is the result of care that I received
h h h h h h h h h h h h h h h h
when I was in the
h hospital a year ago. How long do I have to file a
h h h h h h h h h h h h h h h
lawsuit?" Which statements made by the nurse are appropriate?
h h h h h h h h h
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
h h h h h h h h h h h h h h h h h h h h h h h h
Select all that apply. h h h h h
A) "A general rule is 2 years from the time you knew what caused your injury."
h h h h h h h h h h h h h h h h
B) "In some cases it depends if the injury was due to trauma or disease."
h h h h h h h h h h h h h
C) "State laws differ on the statute of limitation for personal injury." h h h h h h h h h h h h h
D) "You should move to Washington because their statute of limitation is longer." h h h h h h h h h h h h h h
E) "It is too late if you knew you had back pain right after the fall."
h h h h h h h h h h h h h h
Downloaded by: GradeA | h h h h
Distributionofthisdocument is illegal h h h h h
, 8)
9)
10)
11)
12)
Downloaded by: GradeA |
h h h h
Distributionofthisdocument is illegal
h h h h h
