2025/2026 QUESTIONS AND
VERIFIED SOLUTIONS GRADED A+
<BRAND NEW VERSION>
Jurisprudence
the science or philosophy of law
Sources of Law
-Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
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
Civil Law
Seeks to resolve disputes between private parties, which often result in payment of money
Different Burden of Proof
Beyond a reasonable doubt; preponderance of the evidence
,Types of Torts
-Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
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.
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
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.
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
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.
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.
Quasi-Intentional Tort: Defamation Types
Types:
Libel - printed or broadcast
Slander - spoken