NURS 3305-NURSING JURISPRUDENCE EXAM
QUESTIONS AND CORRECT ANSWERS
(UPDATED 2025)-COMPREHENSIVE STUDY
GUIDE
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 offence 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 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 suffer
harmful or offensive contact.
10.Intentional Tort: Battery
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
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 plaintiff 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
QUESTIONS AND CORRECT ANSWERS
(UPDATED 2025)-COMPREHENSIVE STUDY
GUIDE
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 offence 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 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 suffer
harmful or offensive contact.
10.Intentional Tort: Battery
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
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 plaintiff 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
