NURSING JURISPRUDENCE EXAM
2025 WITH CORRECT ANSWERS
1. Jurisprudence: the science or philosophy of law
2. Sources of Law: -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
3. Criminal Law: Federal or state government attempting to deprive an individual of life or liberty for something
the law considers an ottence against society in general
4. Civil Law: Seeks to resolve disputes between private parties, which often result in payment of money
5. Different Burden of Proof: Beyond a reasonable doubt; preponderance of the evidence
6. Types of Torts: -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
7. Malpractice: 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
mailto:https://www.stuvia.com/user/DREAMS
, would not do under the same or similar circumstances.
8. Elements of a Nursing Malpractice Lawsuit: 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
9. Intentional Tort: Assault: Example of this tort: A nurse threatens to place an NG tube in a client
who is refusing to eat
Intentionally placing another in apprehension or fear that they will sutter harmful or ottensive contact.
10. Intentional Tort: Battery: Intentional contact that is harmful or ottensive, or creating the
apprehension that such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
IE: Restraining a person to give an injection against their consent or order
mailto:https://www.stuvia.com/user/DREAMS
, 11. Intentional Tort: False Imprisonment: "unjustifiable detention of a person without legal warrant
to confine the person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
12. Quasi-Intentional Tort: Defamation: A communication that tends to hold the plaintitt up to hatred,
contempt or ridicule, or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
13. Quasi-Intentional Tort: Defamation Types: Types:
Libel - printed or broadcast
Slander - spoken
14. Nurse Practice Act (NPA): defines the scope and limitations of professional nursing practice; vary from
state to state.
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 NPAGenerally, NPAs include:Authority, power and
composition of a board of nursingEducation program standardsStandards and scope of nursing practiceTypes of titles
and licensesRequirements for licensureGrounds for disciplinary action, other violations and possible remedies
15. Rules & Regulations: The NPA itself is insuflcient 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 ettect of law.
mailto:https://www.stuvia.com/user/DREAMS
2025 WITH CORRECT ANSWERS
1. Jurisprudence: the science or philosophy of law
2. Sources of Law: -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
3. Criminal Law: Federal or state government attempting to deprive an individual of life or liberty for something
the law considers an ottence against society in general
4. Civil Law: Seeks to resolve disputes between private parties, which often result in payment of money
5. Different Burden of Proof: Beyond a reasonable doubt; preponderance of the evidence
6. Types of Torts: -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
7. Malpractice: 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
mailto:https://www.stuvia.com/user/DREAMS
, would not do under the same or similar circumstances.
8. Elements of a Nursing Malpractice Lawsuit: 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
9. Intentional Tort: Assault: Example of this tort: A nurse threatens to place an NG tube in a client
who is refusing to eat
Intentionally placing another in apprehension or fear that they will sutter harmful or ottensive contact.
10. Intentional Tort: Battery: Intentional contact that is harmful or ottensive, or creating the
apprehension that such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
IE: Restraining a person to give an injection against their consent or order
mailto:https://www.stuvia.com/user/DREAMS
, 11. Intentional Tort: False Imprisonment: "unjustifiable detention of a person without legal warrant
to confine the person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
12. Quasi-Intentional Tort: Defamation: A communication that tends to hold the plaintitt up to hatred,
contempt or ridicule, or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
13. Quasi-Intentional Tort: Defamation Types: Types:
Libel - printed or broadcast
Slander - spoken
14. Nurse Practice Act (NPA): defines the scope and limitations of professional nursing practice; vary from
state to state.
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 NPAGenerally, NPAs include:Authority, power and
composition of a board of nursingEducation program standardsStandards and scope of nursing practiceTypes of titles
and licensesRequirements for licensureGrounds for disciplinary action, other violations and possible remedies
15. Rules & Regulations: The NPA itself is insuflcient 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 ettect of law.
mailto:https://www.stuvia.com/user/DREAMS
