NURSING JURISPRUDENCE EXAM 2025
QUESTIONS AND ANSWERS
Jurisprudence - ANS the science or philosophy of law
Sources of Law - ANS -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - ANS Federal or state government attempting to deprive an individual of life or
liberty for something the law considers an offence against society in general
Civil Law - ANS Seeks to resolve disputes between private parties, which often result in
payment of money
Different Burden of Proof - ANS Beyond a reasonable doubt; preponderance of the evidence
Types of Torts - ANS -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice - ANS Negligence committed by a person in his or her professional capacity is
malpractice. Also known as professional negligence.
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,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 - ANS 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 - ANS 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 suffer harmful or offensive
contact.
Intentional Tort: Battery - ANS Intentional contact that is harmful or offensive, 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
Intentional Tort: False Imprisonment - ANS "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.
Quasi-Intentional Tort: Defamation - ANS 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.
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, Quasi-Intentional Tort: Defamation Types - ANS Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) - ANS 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
Rules & Regulations - ANS 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.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS - ANS As a nurse
in Texas, you have a responsibility to know and follow the Nursing Practice Act and all
applicable BON Rules and Regulations relating to your nursing practice. All current BON Rules
and Regulations and the Nursing Practice Act can be downloaded from the BON's web site at
www.bon.texas.gov
Standards of Nursing Practice - ANS Standards Applicable to All Nurses. All vocational nurses,
registered nurses and registered nurses with advanced practice authorization shall:
3 Copyright ©2025 THESTAR ALL RIGHTS RESERVED
QUESTIONS AND ANSWERS
Jurisprudence - ANS the science or philosophy of law
Sources of Law - ANS -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - ANS Federal or state government attempting to deprive an individual of life or
liberty for something the law considers an offence against society in general
Civil Law - ANS Seeks to resolve disputes between private parties, which often result in
payment of money
Different Burden of Proof - ANS Beyond a reasonable doubt; preponderance of the evidence
Types of Torts - ANS -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice - ANS Negligence committed by a person in his or her professional capacity is
malpractice. Also known as professional negligence.
1 Copyright ©2025 THESTAR ALL RIGHTS RESERVED
,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 - ANS 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 - ANS 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 suffer harmful or offensive
contact.
Intentional Tort: Battery - ANS Intentional contact that is harmful or offensive, 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
Intentional Tort: False Imprisonment - ANS "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.
Quasi-Intentional Tort: Defamation - ANS 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.
2 Copyright ©2025 THESTAR ALL RIGHTS RESERVED
, Quasi-Intentional Tort: Defamation Types - ANS Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) - ANS 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
Rules & Regulations - ANS 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.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS - ANS As a nurse
in Texas, you have a responsibility to know and follow the Nursing Practice Act and all
applicable BON Rules and Regulations relating to your nursing practice. All current BON Rules
and Regulations and the Nursing Practice Act can be downloaded from the BON's web site at
www.bon.texas.gov
Standards of Nursing Practice - ANS Standards Applicable to All Nurses. All vocational nurses,
registered nurses and registered nurses with advanced practice authorization shall:
3 Copyright ©2025 THESTAR ALL RIGHTS RESERVED
