101 ETHICO-LEGAL

Question 1

governed by many legal concepts

Answer 1

nursing practice

Question 2

is an essential concept of professional nursing practice and the law

Answer 2

accountability

Question 3

two reasons why the knowledge of laws regulate and affect nursing practice

Answer 3

1. to ensure that the nurse’s decisions and actions are consistent with current legal principles
2. to protect the nurse from liability

Question 4

can be defined as “the sum total of rules and regulations by which a society is governed

Answer 4

law

Question 5

is created by people and exists to regulate all persons

Answer 5

law

Question 6

sources of law

Answer 6

constitutional law, legislation (statutory law), administrative law, common law

Question 7

it establishes the general organization of the federal government, grants certain powers to the government, and places limits on what federal and state governments may do

Answer 7

constitutional law

Question 8

creates legal rights and responsibilities and is the foundation for a system of justice

Answer 8

constitution

Question 9

laws made by the this branch of government that are designed to declare, command or prohibit

Answer 9

legislation (statutory law)

Question 10

when a state legislature passes a statute, an administrative agency is given the authority to create rules and regulations to enforce the statutory laws

Answer 10

administrative law

Question 11

laws evolving from court decisions

Answer 11

common law

Question 12

law that is is continually being adapted and expanded

Answer 12

common law

Question 13

in deciding specific controversies, courts generally adhere to the doctrine of _

Answer 13

stare decisis “to stand by things decided”

Question 14

types of law

Answer 14

public law, private (civil) law,

Question 15

refers to the body of law that deals with relationships between individuals and the government and governmental agencies

Answer 15

public law

Question 16

is an important segment of public law, which deals with actions against the safety and welfare of the public

Answer 16

criminal law

Question 17

examples of public law

Answer 17

homicide, manslaughter, theft

Question 18

crimes can be classified as either

Answer 18

felonies or misdemeanors

Question 19

is the body of law that deals with relationships among private individuals

Answer 19

private or civil law

Question 20

private or civil law can be categorized into variety of legal specialties such as _

Answer 20

contract law and tort law

Question 21

a law that involves the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill the agreements

Answer 21

contract law

Question 22

a law that defines and enforces duties and rights among private individuals that are not based on contractual agreements

Answer 22

tort law

Question 23

examples of tort laws applicable to nurses

Answer 23

negligence, malpractice, invasion of privacy, assault, battery

Question 24

kinds of legal actions

Answer 24

civil actions, criminal actions

Question 25

an action that deals with the relationships among individuals in society

Answer 25

civil action

Question 26

example: a man may file a suit against a person who he believes cheated him

Answer 26

civil action

Question 27

an action that deals with disputes between an individual and the society as a whole

Answer 27

criminal action

Question 28

example: if a man shoots a person, society brings him to trial

Answer 28

criminal action

Question 29

if found guilty in a civil action, such as malpractice, the defendant will have to what?

Answer 29

pay a sum of money

Question 30

if found guilty in a criminal action, the defendant may what?

Answer 30

lose money, be jailed, or be executed and, if a nurse, could lose his or her license

Question 31

the action of a lawsuit is called

Answer 31

litigation

Question 32

lawyers who participate in lawsuits may be referred to as

Answer 32

litigators

Question 33

primarily functions to settle disputes peacefully and in accordance with the law

Answer 33

civil judicial process

Question 34

has strict procedural rules

Answer 34

lawsuit

Question 35

document is called a

Answer 35

complain

Question 36

person filed a complaint is a

Answer 36

plaintiff

Question 37

the one who claims that his or her legal rights have been infringed on by one or more other persons or entities

Answer 37

defendants

Question 38

made by defendants, a written response

Answer 38

answer

Question 39

both parties engage in pretrial activities

Answer 39

discovery

Question 40

the judge renders a _, or the jury renders a _

Answer 40

decision, verdict

Question 41

how many members are the jury

Answer 41

12

Question 42

a nurse may be called to testify in a legal action

Answer 42

nurses as witnesses

Question 43

it is advisable that any nurse who is asked to testify in such a situation seek the advice of an attorney before providing testimony

Answer 43

nurses as witnesses

Question 44

is the basis of the relationship between a nurse and an employer

Answer 44

contract

Question 45

is an agreement between two or more competent persons, on sufficient consideration (remuneration), to do or not to do some lawful act

Answer 45

contract

Question 46

can be written or oral

Answer 46

contract

Question 47

is the quality or state of being legally responsible for one’s obligations and actions and for making financial restitution for wrongful acts

Answer 47

liability

Question 48

it refer to the nurse’s duty of care, that is, duty to render care, established by the presence of an expressed or implied contract

Answer 48

contractual obligations

Question 49

refer to the nurse’s duty of care, that is, duty to render care, established by the presence of an expressed or implied contract

Answer 49

contractual relationship

Question 50

this type of legal relationship creates the ancient legal doctrine known as

Answer 50

respondeat superior ( "let the master answer”)

Question 51

is a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily

Answer 51

right

Question 52

is the obligation associated with a right

Answer 52

responsibility

Question 53

is the formalized decision-making process between representatives of management (employer) and representatives of labor (employee) to negotiate wages and conditions of employment, including work hours, working environment, and fringe benefits of employment

Answer 53

collective bargaining

Question 54

through a written agreement, both management and employees legally commit themselves to observe the terms and conditions of employment

Answer 54

collective bargaining

Question 55

is an organized work stoppage by a group of employees to express a grievance, enforce a demand for changes in conditions of employment, or solve a dispute with management

Answer 55

strike

Question 56

is a violation of the individual’s rights and form of discrimination

Answer 56

sexual harassment

Question 57

two types of advance health care directives

Answer 57

living will and the health care proxy or surrogate

Question 58

provide specific instructions about what medical treatment the client chooses to omit or refuse in the event that the client is unable to make those decisions

Answer 58

living will

Question 59

is a notarized or witnessed statement appointing someone else to manage health care treatment decisions when the client is unable to do so

Answer 59

health care proxy

Question 60

is an examination of the body after death and is performed only in certain cases

Answer 60

autopsy or postmortem examination

Question 61

autopsy must be performed within

Answer 61

48 hrs of admission to a hospital

Question 62

formal determination of death, or pronouncement, must be performed by a physician, a coroner, or a nurse

Answer 62

certification of death

Question 63

DNR

Answer 63

do not resuscitate

Question 64

is generally written when the client or proxy has expressed the wish for no resuscitation in the event of a respiratory or cardiac arrest

Answer 64

DNR order

Question 65

is written to indicate that the goal of treatment is a comfortable, dignified death and that further life-sustaining measures are not indicated

Answer 65

DNR order

Question 66

is the act of painlessly putting to death persons suffering from incurable or distressing disease

Answer 66

euthanasia

Question 67

“mercy killing”

Answer 67

euthanasia

Question 68

is a legal inquiry into the cause or manner of a death

Answer 68

inquest

Question 69

inquest is conducted under the jurisdiction of a _

Answer 69

coroner or medical examiner

Question 70

is an act committed in violation of public (criminal) law and punishable by a fine or imprisonment

Answer 70

crime

Question 71

is a crime of a serious nature, such as murder, punishable by a term in prison

Answer 71

felony

Question 72

is an offense of a less serious nature and is usually punishable by a fine or short-term jail sentence, or both

Answer 72

misdemeanor

Question 73

is a civil wrong committed against a person or a person's property

Answer 73

tort

Question 74

usually litigated in court by civil action between individuals

Answer 74

tort

Question 75

tort may be classified as _

Answer 75

unintentional or intentional

Question 76

examples of unintentional torts

Answer 76

negligence and malpractice

Question 77

is misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person

Answer 77

negligence

Question 78

involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk for harm

Answer 78

gross negligence

Question 79

is "professional negligence," that is, negligence that occurred while the person was performing as a professional

Answer 79

malpractice

Question 80

can be described as an attempt or threat to touch another person unjustifiably

Answer 80

assault

Question 81

is the willful touching of a person (or the person's clothes or even something the person is carrying) that may or may not cause harm

Answer 81

battery

Question 82

is the "unjustifiable detention of a person without legal warrant to confine the person“

Answer 82

false imprisonment

Question 83

is a direct wrong of a personal nature

Answer 83

invasion of privacy

Question 84

is communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person

Answer 84

defamation

Question 85

is a defamation by means of print, writing, or pictures

Answer 85

libel

Question 86

is defamation by the spoken word, stating unprivileged (not legally protected) or false words by which a reputation is damaged

Answer 86

slander

Question 87

are laws designed to protect health care providers who provide assistance at the scene of an emergency against claims of malpractice unless it can be shown that there was a gross departure from the normal standard of care or willful wrongdoing on their part

Answer 87

good samaritan acts

Question 88

is a major legal safeguard for nurses

Answer 88

competent practice

Question 89

is a legal document and can be produced in court as evidence

Answer 89

client’s medical chart

Question 90

is an agency record of an accident or unusual occurrence

Answer 90

incident report