Deck 1: Legal Concepts and the Judicial Process

Question 1

During a jury trial, the presence of a nurse-patient relationship is ed. What kind of is this and who would determine it?

A) Fact to be determined by the judge
B) Law to be determined by the jury
C) Law to be determined by the judge
D) Fact to be determined by the jury

Answer 1

Fact to be determined by the jury

Question 2

A person who was injured in a motor vehicle accident sued the driver to recover hospital costs. Which type of law would be enforced in this situation?

A) Tort law
B) Public law
C) Constitutional law
D) Procedural law

Answer 2

Tort law

Question 3

An emergency department nurse has agreed to testify as an expert witness in a lawsuit involving a child. The opposing attorney s the nurse's qualifications as a pediatric nurse. Which type of law does this scenario reflect?

A) Due process of law
B) Private law
C) Substantive law
D) Procedural law

Answer 3

Procedural law

Question 4

A nurse is scheduled to appear before the state board of nursing in regard to action against the nurse's license. Which occurrences would violate due process of law?

A) The time of the hearing was changed without adequate notice to the nurse.
B) The nurse was told the meeting was in regard to a complaint about the agency where the nurse was employed.
C) Other nurses involved in the situation leading to the action were not similarly summoned before the board.
D) The nurse was suspended by her private employer pending outcome of this action.
E) A snow storm forced postponement of the board meeting until next month.

Question 5

A county-supported hospital elects to limit surgical procedures for morbid obesity to male patients. Female patients receive pharmacologic therapy, counseling, and instruction for diet and exercise, but are excluded from operative procedures. Under which legal concept is this illegal?

A) Res judicata
B) Due process of law
C) Stare decisis
D) Equal protection under the law

Question 6

A nurse reads that a case involving the care provided in a hospital will be reviewed by the United States Supreme Court. The nurse suspects that which situations could have occurred?

A) The case involves a constitutional issue.
B) Two lower federal courts have reached different conclusions in the case.
C) The hospital involved is a military hospital.
D) The care in question included the suspicion of premeditated homicide.
E) The patient involved in the case was an undocumented alien.

Question 7

A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury found for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different decision?

A) No, because of the doctrine of res judicata
B) Yes, stare decisis allows retrial
C) Yes, because of the doctrine of precedent
D) No, this is a landmark decision

Question 8

In which case would the judge serve both as a fact-finder and determiner of s of law?

A) Trial by jury is waived by both sides.
B) The jury asks the judge to address both types of questions.
C) The case is so complex that the jury is unable to decide the question.
D) The attorneys for the plaintiff agree to such a condition.

Question 9

A nurse has been called to testify in a case that will be tried in family court. The nurse anticipates that the case will involve one of which situations?

A) Adoption
B) Estate division
C) Child abuse
D) Divorce
E) Child custody

Question 10

Several state nursing associations are working together in an attempt to change a constitutional law. These associations should ask for which action on this law?

A) Repeal
B) Expansion
C) Amendment
D) Redefinition

Question 11

The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse expects that which court will have the greatest personal jurisdiction?

A) Federal Supreme Court
B) Federal district court
C) State supreme court
D) State trial court

Question 12

An emergency department patient was injured while attacking his neighbor with a knife. After treatment the patient was arrested and charged with battery and assault. Which classification or type of law would determine the case against this defendant?

A) Criminal law
B) Civil law
C) Private law
D) Constitutional law

Question 13

A nurse would like to advocate for a modification of the state's nursing practice act and believes the best strategy is to contact the persons with authority to write and change this statutory law. Whom should the nurse contact?

A) State board of nursing
B) State governor
C) State legislature
D) State nursing association

Question 14

An employee asks for time off to be a juror in a case before the state appellate court. The unit is very busy and this employee's absence would affect patient care. How should the nurse manager respond to this request?

A) Give the employee the time off because jury service is required upon subpoena.
B) Refuse the request and refer the employee to the personnel department for review of the employee manual.
C) Insist that the employee contact the county clerk to request release from jury duty.
D) Ask the employee more questions about the request.
E) Tell the employee that service as a juror for this case is not required.

Question 15

A patient says, "I was told my back pain is the result care I received when I was in the hospital a year ago. How long do I have to file a lawsuit?" Which statements made by the nurse are appropriate?

A) "A general rule is 2 years from the time you knew what caused your injury."
B) "State laws differ on the statute of limitation for personal injury."
C) "It is too late if you knew you had back pain right after the fall."
D) "You should move to Washington because their statute of limitation is longer."
E) "In some cases it depends if the injury was due to trauma or disease."