Nursing Jurisprudence Exam – Complete Study
Guide, Practice Questions & Correct Answers
Jurisprudence
- CORRECT ANSWER-the science or philosophy of law
Sources of Law
- CORRECT ANSWER--Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law
- CORRECT ANSWER-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
- CORRECT ANSWER-Seeks to resolve disputes between private parties, which often result in
payment of money
Different Burden of Proof
- CORRECT ANSWER-Beyond a reasonable doubt; preponderance of the evidence
,Types of Torts
- CORRECT ANSWER--Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice
- CORRECT 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
- CORRECT 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
- CORRECT ANSWER-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
- CORRECT ANSWER-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
- CORRECT ANSWER-"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
- CORRECT 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
- CORRECT ANSWER-Types:
Libel - printed or broadcast
Slander - spoken
Guide, Practice Questions & Correct Answers
Jurisprudence
- CORRECT ANSWER-the science or philosophy of law
Sources of Law
- CORRECT ANSWER--Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law
- CORRECT ANSWER-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
- CORRECT ANSWER-Seeks to resolve disputes between private parties, which often result in
payment of money
Different Burden of Proof
- CORRECT ANSWER-Beyond a reasonable doubt; preponderance of the evidence
,Types of Torts
- CORRECT ANSWER--Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice
- CORRECT 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
- CORRECT 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
- CORRECT ANSWER-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
- CORRECT ANSWER-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
- CORRECT ANSWER-"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
- CORRECT 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
- CORRECT ANSWER-Types:
Libel - printed or broadcast
Slander - spoken
