TEXAS NURSING JURISPRUDENCE ACTUAL
TEST 2026 VERIFIED Q&A
◉Sources of Law. Answer: - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
◉Criminal Law. Answer: Federal or state government is attempting
to deprive an individual of life or liberty for something the law
considers an offense against society in general.
◉Civil Law. Answer: Seeks to resolve disputes between private
parties, which often results in the payment of money.
◉Different Burden of Proof. Answer: Beyond a reasonable doubt
A preponderance of the evidence
,◉Tort Law. Answer: A civil wrong that causes someone else to suffer
loss or harm resulting in legal liability for the person who commits
the tortious act.
◉Types of Torts. Answer: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
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: 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.
◉Intentional Tort: False Imprisonment. Answer: Willful detention
without consent and without authority of law.
◉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
◉Nurse Practice Act. Answer: 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 NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
Standards and scope of nursing practice
Types of titles and licenses
Requirements for licensure
Grounds for disciplinary action, other violations and possible
remedies
◉Rules & Regulations. Answer: 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
TEST 2026 VERIFIED Q&A
◉Sources of Law. Answer: - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
◉Criminal Law. Answer: Federal or state government is attempting
to deprive an individual of life or liberty for something the law
considers an offense against society in general.
◉Civil Law. Answer: Seeks to resolve disputes between private
parties, which often results in the payment of money.
◉Different Burden of Proof. Answer: Beyond a reasonable doubt
A preponderance of the evidence
,◉Tort Law. Answer: A civil wrong that causes someone else to suffer
loss or harm resulting in legal liability for the person who commits
the tortious act.
◉Types of Torts. Answer: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
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: 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.
◉Intentional Tort: False Imprisonment. Answer: Willful detention
without consent and without authority of law.
◉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
◉Nurse Practice Act. Answer: 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 NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
Standards and scope of nursing practice
Types of titles and licenses
Requirements for licensure
Grounds for disciplinary action, other violations and possible
remedies
◉Rules & Regulations. Answer: 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
