Exam (elaborations)
Chapter 11. Legal Aspects of Nursing Practice
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- West Virginia School Of Osteopathic Medicine
Chapter 11. Legal Aspects of Nursing Practice
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Chapter 11: Legal Aspects of Nursing PracticeMULTIPLE 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
5. A nurse wants to change a law that regulates nursing practice. Before proposing this change,
the priority action by the nurse should be to
a. check for national standards regarding the practice under question.
b. determine whether other professional groups would help implement it.
c. find a state senator who will sponsor and support the proposed bill.
d. hire a lobbyist to represent the nurse’s opinion in the legislature.
ANS: A
National standards and guidelines developed by professional organizations are very useful
references for nurses proposing legal changes. This is the priority action.
Determining whether other groups would help implement it is not the priority action. First, the
nurse should research national standards regarding the practice.
Having a sponsor is a great tool, but this is premature. The nurse should first ascertain if there
are any relevant national standards.
A lobbyist would help the nurse’s cause, but this is premature, because the bill has not yet
been proposed. The nurse should first research national standards.
DIF: Cognitive Level: Apply TOP: Nursing Process: Assessment
MSC: NCLEX Client Needs: Safe and Effective Care Environment: Management of Care
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