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Table of contents
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Part1: Introduction to the Lawand the Judicial Process
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Chapter1: LegalConcepts and the Judicial Process
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Chapter 2: Anatomy of a Lawsuit
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Part 2: Ethics
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Chapter3: Introduction to Ethics
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Chapter4: Application ofEthics in Nursing Practice Settings
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Part3: Liability Issues
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Chapter 5: Standards of Carel l l l
Chapter 6: Tort Law l l l
Chapter 7: NursingLiability: Defenses
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Chapter8: InformedConsent and Patient Self-Determination
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Chapter9: Documentation and Confidentiality
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Chapter10: ProfessionalLiability Insurance
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Part4: Impactof theLaw on the Professional Practice of Nursing
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Chapter11: NursePractice Acts, Licensure,and theScope of Practice
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Chapter12: Advanced NursingPracticeRoles
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Chapter13: CorporateLiability IssuesandEmployment Laws
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Chapter 14: Federal Laws: The Americanswith Disabilities Actof 1990 and the Civil Rights
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Act of 1991
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Chapter15: Nursing Management and theNurse-Managers
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Chapter 16: Delegation and Supervision
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Part5: Impact of the Law on Nursing in Selected Practice Settings
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Chapter 17: Nursing in Acute Care Settings
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Chapter18: Nursing in Ambulatory and Managed CareSettings
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Chapter19: Publicand Community Health Care
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Chapter20: Nursing in Long-TermCare Settings
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,Chapter 01: Legal Concepts and the Judicial Process
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Guido: Legal and Ethical Issues in Nursing, 7th Edition, Test Bank
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Question 1 l
Type:MCSA
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A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best strategy is to
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contact the persons with authority to write and change this statutory law. Whom should the nurse contact?
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1. State board of nursing l l l
2. State governor l
3. State legislature l
4. State nursing association l l
Correct Answer: 3 l l
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practice act but
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not charged with writing the law.
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Rationale 2: Governors mayappoint members of those on the state board of nursing, but are not involved in writing
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nursing practice acts.
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Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and create
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state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement and enforce
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those acts.
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Rationale 4: State nursing associations maypromote or seek to change nurse practice acts, but they cannot do so
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independently.
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Global Rationale: l
Cognitive Level: Applying l l
Client Need: Safe Effective Care Environment
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Client Need Sub: Management of Care
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Nursing/Integrated Concepts: Nursing Process: Implementation l l l l
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including constitutional,
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statutory, administrative, and judicial (decisional) law.
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Question 2 l
Type:MCSA
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, A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the juryfound for the
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hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different decision?
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1. No, because of the doctrine of res judicata
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2. Yes, stare decisis allows retrial
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3. Yes, because of the doctrine of precedent
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4. No, this is a landmark decision
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Correct Answer: 1 l l
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has been
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decided bya competent court of jurisdiction. This doctrine prevents the same parties in the original lawsuit from
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retrying the same issues involved in the first lawsuit.
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Rationale 2: Stare decisis means to “let the decision stand” and is applied bycourts of law in cases with similar fact
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patterns that have been previously decided by the court system.
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Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cases with
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similar fact patterns that have been previously decided by the court system. Landmark decisions signify that precedent
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is changed by the current court decision.
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Rationale 4: Landmark decisions signifythat precedent is changed bythe current court decision.
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Global Rationale: l
Cognitive Level: Analyzing l l
Client Need: Safe Effective Care Environment
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Client Need Sub: Management of Care
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Nursing/Integrated Concepts: Nursing Process: Assessment l l l l
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
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Question 3 l
Type:MCSA
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The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse
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expects that which court will have the greatest personal jurisdiction?
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1. Federal Supreme Court l l
2. Federal district court l l
3. State supreme court l l
4. State trial court l l