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Legal and Professional: Legal Terms and Concepts

Monday, December 29, 2025

Primary Blog/NCLEX Memory Hints/Legal and Professional: Legal Terms and Concepts

Legal and Professional: Legal Terms and Concepts

NCLEX Memory Hints © BrainyNurses.com

There are multiple legal terms and concepts to be aware of for the NCLEX exam. A select few include the Board of Nursing, professional responsibilities, malpractice insurance, Good Samaritan Law, and torts.

Torts are wrongful acts that are committed against a person or a property. Select unintentional and intentional torts are covered here.​

Unintentional Torts

Unintentional torts include negligence, which is not acting as a prudent nurse and acting below the acceptable standard of care. Negligence includes commission which is doing something wrong (e.g., operating on the wrong body part). It also includes omission which is failing to do something (e.g., failing to provide for safety).

Intentional Torts

Select intentional torts include assault, battery, libel, slander, false imprisonment, and invasion of privacy.  

Assault and Battery

The terms assault and battery are frequently interchanged. Assault is when a patient is fearful. Battery is physical contact. It can include violence in the form of touching or contact with a patient. As example of battery is starting an IV on a competent patient who is refusing the procedure.

Libel and Slander

Libel and slander are both forms of defamation of character and involves passing along something that is not true, or you don’t have the right to pass it along. Libel is defamation by writing. Slander is defamation through verbal communication.

False Imprisonment

False imprisonment is restriction of patient decisions and movements. It includes putting a competent patient in restraints and making them believe they cannot leave the facility. Patients with schizophrenia are not reality based and can be restrained.

Patients with obsessive compulsive disorder and bipolar disorder are reality based and could sign themselves out AMA. When there is an NCLEX test question with AMA, the supervisor is the priority notification to help to handle the situation.

Invasion of Privacy

Invasion of privacy is unauthorized access to information, giving out information to others, or taking pictures without permission. Except in an emergency, information can only be released to the people the patient has designated.

In the case of a patient making threats against another person, there is a legal obligation to warn the person the threat is directed to.​

Memory Hints in Legal Terms and Concepts

• In Battery, you Beat them up.
• It must be Legible to be Libel.
Slander is Saying something.
• Supervisor is priority in AMA.

Summary

In preparing for the NCLEX exam, a broad knowledge of these legal terms and concepts are important for testing. Review negligence which is an unintentional tort. The “Memory Hints” are helpful to distinguish between the intentional torts of assault and battery and libel and slander. Also, notification of the supervisor with an AMA.

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