Adult-Gerontology Clinical Nurse Specialist (CNS) Practice Exam

Which statement about the legal process is incorrect?

1. A statute is a law written by a state or federal agency in accordance with a regulation

2. A regulation cannot directly contradict a statute

3. Regulations are usually published for public review with an opportunity for public comment

4. A regulation may expand upon a statute

The correct answer is: A statute is a law written by a state or federal agency in accordance with a regulation

The statement regarding a statute being a law written by a state or federal agency in accordance with a regulation is incorrect because a statute is not written by an agency; rather, it is a law enacted by a legislative body, such as Congress at the federal level or a state legislature at the state level. Statutes establish legal standards and are the foundational laws of a jurisdiction. In contrast, regulations are developed by state or federal agencies to implement and enforce the statutes. Agencies create regulations based on the authority given to them by the statutes, ensuring that the details necessary for the statute's enforcement are appropriately addressed. This relationship shows that regulations are meant to give more specific guidance on how statutes will be applied but do not originate as legislative laws themselves. The other statements correctly reflect aspects of the legal process: regulations generally must align with the statutes they're meant to support, cannot directly contradict these laws, and typically go through a public review process where individuals can provide input, ensuring transparency and community involvement. Regulations can also elaborate on or provide more detailed guidelines surrounding the application of a statute, enhancing its effectiveness without contradicting the original law.