TEXAS NURSING JURISPRUDENCE EXAM ACTUAL EXAM 300
QUESTIONS AND CORRECT DETAILED ANSWERS WITH
RATIONALES
Jurisprudence - ANSWER: The science or philosophy of law
Sources of Law - ANSWER: - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Criminal Law - 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 - ANSWER: Seeks to resolve disputes between private parties, which often
results in the payment of money.
Different Burden of Proof - ANSWER: Beyond a reasonable doubt
A preponderance of the evidence
Tort Law - 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 - ANSWER: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
Malpractice - 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 - 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 - ANSWER: Intentionally placing another in apprehension or
fear that they will suffer harmful or offensive contact.
Intentional Tort: Battery - ANSWER: Intentional contact that is harmful or offensive,
or creating the apprehension that such contact is imminent.
Intentional Tort: False Imprisonment - ANSWER: Willful detention without consent
and without authority of law.
Quasi-Intentional Tort: Defamation - 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 - ANSWER: Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act - 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 - 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 DETAILED ANSWERS WITH
RATIONALES
Jurisprudence - ANSWER: The science or philosophy of law
Sources of Law - ANSWER: - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Criminal Law - 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 - ANSWER: Seeks to resolve disputes between private parties, which often
results in the payment of money.
Different Burden of Proof - ANSWER: Beyond a reasonable doubt
A preponderance of the evidence
Tort Law - 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 - ANSWER: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
Slander
Malpractice - 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 - 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 - ANSWER: Intentionally placing another in apprehension or
fear that they will suffer harmful or offensive contact.
Intentional Tort: Battery - ANSWER: Intentional contact that is harmful or offensive,
or creating the apprehension that such contact is imminent.
Intentional Tort: False Imprisonment - ANSWER: Willful detention without consent
and without authority of law.
Quasi-Intentional Tort: Defamation - 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 - ANSWER: Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act - 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 - 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.
