Test Bank for Legal & Ethical Issues in Nursing 7th Edition Ginny Wacker Guido

Test Bank for Legal & Ethical Issues in Nursing 7th Edition Ginny Wacker Guido

Chapter 1 Legal Concepts and the Judicial Process
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) A nurse would like to advocate for a modification of the state's nursing practice act and believes the 1)
best strategy is to contact the persons with authority to write and change this statutory law. Whom
should the nurse contact?
A) State nursing association B) State board of nursing C) State governor D)
State legislature
2) A group of nurses are reviewing the decision of legal action in which a patient brought suit against
2) a hospital for injuries sustained in a fall. The case went to trial and the jury found for the
hospital. Which legal precedent would the nurses select if the patient were to take this same suit and
evidence to another trial court in hopes of a different decision?
A) Stare decisis
B) Res judicata
C) Doctrine of precedent
D) None needed as this is an example of a landmark decision.
3) The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this
3) case, the nurse expects that which court will have the greatest personal jurisdiction?
A) State trial court B) Federal Supreme Court
C) State Supreme Court D) Federal district court
4) Several state nursing associations are working together in an attempt to change a constitutional
4) law. These nursing associations should ask for which action on this law?
A) Amendment B) Redefinition C) Repeal D) Expansion
5) An emergency department patient was injured while attacking his neighbor with a knife. After
5) treatment the patient was arrested and charged with battery and assault. The nurse in
reviewing this information would identify which classification or type of law to be applied in the
case against this defendant?
A) Constitutional law B) Criminal law C) Private law D) Civil
law
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6) A nurse is reviewing legal law concepts. A person who was injured in a motor vehicle accident
6) sued the driver to recover hospital costs. Which type of law would the nurse identify as
being enforced in this situation?
A) Tort law B) Constitutional law
C) Public law D) Procedural law
7) An emergency department nurse has agreed to testify as an expert witness in a lawsuit involving a
7)
child. The opposing attorney questions the nurse's qualifications as a pediatric nurse. Which type of
law does this scenario reflect?
A) Procedural law B) Due process of law
C) Substantive law D) Private law
8) A nurse is scheduled to appear before the state board of nursing in regard to action against the
8) nurse's license. Which occurrences would violate the nurse's due process of law?
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
Select all that apply.
A) The nurse was suspended by her private employer pending outcome of this action.
B) A snow storm forced postponement of the board meeting until next month.
C) The time of the hearing was changed without adequate notice to the nurse.
D) The nurse was told the meeting was in regard to a complaint about the agency where the nurse
was employed.
E) Other nurses involved in the situation leading to the action were not similarly summoned
before the board.
9) A group of nurses are part of an interdisciplinary team at a local county hospital. This 9) countysupported 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. Which legal concept would the nurses identify as being illegal
based on the hospital's action?
A) Stare decisis B) Due process of law
C) Res judicata D) Equal protection under the law
10) Nurses are discussing the role of the judge in judicial proceedings. In which situation would the
10) nurses identify a judge to serve both as a fact- finder and determiner of questions of law? A)
The jury asks the judge to address both types of questions.
B) The attorneys for the plaintiff agree to such a condition.
C) The case is so complex that the jury is unable to decide the question.
D) Trial by jury is waived by both sides.
11) During a jury trial, the presence of a nurse- patient relationship is questioned. What kind of 11)
question is this and who would determine it?

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