TEST 2026 VIEW AHEAD QUESTIONS
ANSWERS
◉ Sources of Law. Answer: -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
◉ Criminal Law. 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. Answer: Seeks to resolve disputes between private
parties, which often result in payment of money
◉ Different Burden of Proof. Answer: Beyond a reasonable doubt;
preponderance of the evidence
◉ Types of Torts. Answer: -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
,◉ Malpractice. 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. 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. 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. 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. 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. 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. Answer: Types:
Libel - printed or broadcast
Slander - spoken