Exam 2026 | Study Guide,
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Updated 2026 Questions and Answers
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, 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.