Jurisprudence correct answers the science or philosophy of law
Sources of Law correct answers -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law correct answers 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 answers Seeks to resolve disputes between private parties, which often result
in payment of money
Different Burden of Proof correct answers Beyond a reasonable doubt; preponderance of the
evidence
Types of Torts correct answers -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice correct answers 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 answers 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 answers 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 answers 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 answers "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 answers 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 answers Types:
Libel - printed or broadcast
Slander - spoken
, Nurse Practice Act (NPA) correct answers defines the scope and limitations of professional
nursing practice; vary from state to state.
The practice of nursing is a right granted by a state to protect those who need nursing care. The
guidelines of the NPA and its rules provide safe parameters within which to work, as well as
protect patients from unprofessional and unsafe nursing practice. The act is a dynamic document
that evolves and is updated or amended as changes in scope of practice occur.All states and
territories have enacted a NPAGenerally, NPAs include:Authority, power and composition of a
board of nursingEducation program standardsStandards and scope of nursing practiceTypes of
titles and licensesRequirements for licensureGrounds for disciplinary action, other violations and
possible remedies
Rules & Regulations correct answers The NPA itself is insufficient to provide the necessary
guidance for the nursing profession, therefore, each NPA establishes a board of nursing (BON)
that has the authority to develop administrative rules or regulations to clarify or make the law
more specific. Rules and regulations must be consistent with the NPA and cannot go beyond it.
These rules and regulations undergo a process of public review before enactment. Once enacted,
rules and regulations have the full force and effect of law.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS correct
answers As a nurse in Texas, you have a responsibility to know and follow the Nursing Practice
Act and all applicable BON Rules and Regulations relating to your nursing practice. All current
BON Rules and Regulations and the Nursing Practice Act can be downloaded from the BON's
web site at www.bon.texas.gov
Standards of Nursing Practice correct answers Standards Applicable to All Nurses. All vocational
nurses, registered nurses and registered nurses with advanced practice authorization shall:
(A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as
well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of
nursing practice.
The standards of practice establish a minimum acceptable level of nursing practice in any setting
for each level of nursing license or advanced practice authorization. Failure to meet these
standards may result in action against the nurse's license even if no actual patient injury resulted.