Chapter 12

Question 1

consists of ever-changing rules and regulations created by congress, legislators, local governments & constitutional law

Answer 1

Statutory law

Question 2

Individuals who develop expertise on proposed legislation and learn to present that information to legislators clearly and concisely

Answer 2

lobbyists

Question 3

When rules are adopted they become ____ within a set period of time

Answer 3

administrative/regulatory law

Question 4

Law established from court decisions

Answer 4

case law

Question 5

Example: a nurse’s obligation to practice as a reasonably prudent nurse is a legal obligation

Answer 5

case law

Question 6

___ law is both criminal and civil

Answer 6

case

Question 7

involves relationships between individuals or between individuals and the government

Answer 7

civil law

Question 8

Tort and contract laws are common nursing examples of:

Answer 8

civil law

Question 9

a wrongful act that is committed against another person or property that results in harm

Answer 9

tort

Question 10

the threat of bodily harm to another

Answer 10

assault

Question 11

actual bodily harm to another person without permission

Answer 11

battery

Question 12

a violation of the personal liberty of another person through unlawful restraint

Answer 12

false imprisonment

Question 13

damage caused to a person’s reputation the written or spoken word

Answer 13

defamation

Question 14

deceitful practice

Answer 14

fraud

Question 15

the unauthorized publicity of information about a patient

Answer 15

invasion of privacy

Question 16

A person with complex knowledge beyond the general knowledge of most people in the court or on the jury

Answer 16

expert witness

Question 17

protects society from the harmful acts of others

Answer 17

criminal law

Question 18

misdemeanors in nursing:

Answer 18

theft, traffic violations, disturbing the peace

Question 19

Felonies in nursing:

Answer 19

murder, rape, robbery, practicing without a license, drug charges

Question 20

legal obligation that is owed or due to another that needs to be satisfied

Answer 20

duty

Question 21

common law rules that mandate certain conduct

Answer 21

statutes

Question 22

Evidence of standards of care used in court:

Answer 22

statutes, agency regulations, accreditation standards, facility documents, manufacturer’s instructions, nursing literature, expert testimony

Question 23

The failure to act as a reasonably prudent person would have acted in a specific situation

Answer 23

negligence

Question 24

the failure of a professional to use such case as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm

Answer 24

malpractice

Question 25

Doctrine establishing that the facility is also responsible if the nurse was acting as an employee at the time of the crime

Answer 25

respondeat superior