Texas Nursing Jurisprudence Exam
Questions and Verified Answers
1. Jurisprudence
Answer> the science or philosophy of law
2. Sources of Law
Answer> -Constitutional Law
Answer> Federal, State
-Statutory Law
Answer> Federal, State
-Common Law
-Administrative Law
3. 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
4. Civil Law
Answer> Seeks to resolve disputes between private parties, which often result in
payment of money
5. Different Burden of Proof
,Answer> Beyond a reasonable doubt; preponderance of the evidence
6. Types of Torts
Answer> -Negligence
-Intentional
Answer> Assault Battery False Imprisonment
-Quasi-Intentional
Answer> Defamation, Liable, Slander
7. Malpractice
Answer> Negligence committed by a person in his or her professional capac- ity 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.
8. 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
9. Intentional Tort Assault
Answer> Example of this tort
Answer> 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.
10. 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 BAT-
TERY.
IE Restraining a person to give an injection against their consent or order
11. Intentional Tort
Answer> False Imprisonment
Answer> "unjustifiable detention of a person with- out legal warrant to confine the
person" (client has the right to leave AMA)
, -false imprisonment accompanied by forceful restraint or threat of restraint is BAT-
TERY.
12. 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.
13. Quasi-Intentional Tort Defamation Types
Answer> Types
Libel - printed or broadcast
Slander - spoken
14. Nurse Practice Act (NPA)
Answer> 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
Questions and Verified Answers
1. Jurisprudence
Answer> the science or philosophy of law
2. Sources of Law
Answer> -Constitutional Law
Answer> Federal, State
-Statutory Law
Answer> Federal, State
-Common Law
-Administrative Law
3. 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
4. Civil Law
Answer> Seeks to resolve disputes between private parties, which often result in
payment of money
5. Different Burden of Proof
,Answer> Beyond a reasonable doubt; preponderance of the evidence
6. Types of Torts
Answer> -Negligence
-Intentional
Answer> Assault Battery False Imprisonment
-Quasi-Intentional
Answer> Defamation, Liable, Slander
7. Malpractice
Answer> Negligence committed by a person in his or her professional capac- ity 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.
8. 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
9. Intentional Tort Assault
Answer> Example of this tort
Answer> 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.
10. 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 BAT-
TERY.
IE Restraining a person to give an injection against their consent or order
11. Intentional Tort
Answer> False Imprisonment
Answer> "unjustifiable detention of a person with- out legal warrant to confine the
person" (client has the right to leave AMA)
, -false imprisonment accompanied by forceful restraint or threat of restraint is BAT-
TERY.
12. 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.
13. Quasi-Intentional Tort Defamation Types
Answer> Types
Libel - printed or broadcast
Slander - spoken
14. Nurse Practice Act (NPA)
Answer> 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
