Chapter 11: Legal Aspects of Nursing Practice

Chapter 11: Legal Aspects of Nursing Practice

 

Complete Chapter Questions With Answers

 

Sample Questions Are Posted Below

 

MULTIPLE CHOICE

 

1. A practicing nurse knows that laws passed by legislatures are known as __________ law.

a.	common
b.	private
c.	public
d.	statutory

 

 

ANS:  D

Statutory law is created through the enactment of laws by a legislative body.

Common law is established by previous court decisions.

Private law is concerned with relationships between individuals and includes tort law and contract law.

Public law defines relationships between individuals and the government. This includes constitutional, administrative, and criminal law.

 

DIF:    Cognitive Level: Remember            REF:   208

TOP:   Integrated Process: Teaching/Learning

MSC:  NCLEX Client Needs: Safe and Effective Care Environment: Management of Care

 

2. A nurse lawyer explains to attendees at a legal conference that when judges decide cases that involve disputes between people in part based on laws determined in previous court cases, this creates or expands the area of law known as __________ law.

a.	common
b.	contract
c.	private
d.	tort

 

 

ANS:  A

Common law helps maintain order in a society and assists in settling disputes. Common law is applied through the use of previous court cases and expands each time a judge makes a ruling.

Contract law is a type of private law.

Private law regulates relationships between individuals.

Tort law is a specific type of private law.

 

DIF:    Cognitive Level: Understand            REF:   208

TOP:   Integrated Process: Teaching/Learning

MSC:  NCLEX Client Needs: Safe and Effective Care Environment: Management of Care

 

3. A nurse knows that patient rights would be protected by __________ law.

a.	administrative
b.	constitutional
c.	contract
d.	tort

 

 

ANS:  B

Constitutional law would affect nursing because it contains patients’ and nurses’ rights and responsibilities.

Administrative law would affect nursing because it involves the licensing and regulation of nursing practice.

Contract law is a type of private law and determines employer–employee relationships.

Tort law is a type of private law that is concerned with remedies for wrongs suffered because of the actions of one person on another person.

 

DIF:    Cognitive Level: Remember            REF:   208

TOP:   Integrated Process: Teaching/Learning

MSC:  NCLEX Client Needs: Safe and Effective Care Environment: Management of Care

 

4. A nurse is surprised to find that states have police power over nursing. A colleague explains this means

a.	all nursing actions are under scrutiny by the states.
b.	nurses do not have any rights unless given by the state.
c.	state police are in charge of nursing investigations.
d.	states can use their power to protect their citizens.

 

 

ANS:  D

Based on the U.S. Constitution, states have “police power” that they use to protect their citizens’ health, safety, and welfare.

The state board of nursing can scrutinize nursing actions, but the statement that “all nursing actions are under scrutiny” implies somehow that the state is monitoring every action. In reality, the states and regulatory agencies become involved only in specified situations.

Nurses, like all other individuals, have rights guaranteed them by both state and federal constitutions and various laws that have been enacted.

The state police are not in charge of investigations of nursing practice.

 

DIF:    Cognitive Level: Understand            REF:   208

TOP:   Integrated Process: Teaching/Learning

MSC:  NCLEX Client Needs: Safe and Effective Care Environment: Management of Care