Chapter 2 Flashcards
Definition of law
Law is defined as those rules made by humans which regulate social conduct in a formally prescribed and legally binding manner. It could be said to refer to some written and unwritten rules derived from customs and as formal enactment which are recognised by the people as binding on them and could be imposed upon them by some appropriate sanctions.
What are the functions of law in nursing?
• Provides a framework for establishing which nursing actions in
the care of clients are legal
• Differentiates the nurses’ responsibilities from those of other health professionals
• Helps establish the boundaries of independent nursing action
• Assists in maintaining a standard of nursing practice by making nurses accountable under the law.
•The law provides a structure for nursing.
•The law has a role in the development of professional standards.
•The law is concerned with liability of the nurse.
•The law also protects and supports nursing values.
•Nurses can use the law to aid the goals, values and ethics that they hold dear
What are the sources of law?
Legislative (Statutes) – law enacted by statute or Acts of parliament or the legislature is known as statutory law. Statutory laws can be made at the federal, state or local government levels. When federal and state laws conflict, federal laws supersedes, likewise state laws supersede local laws.
Customs and Traditions - Laws that derive from customs and tradition of the people over the years but which are recognised by the constitution are known as customary laws. Examples include marriage rights, property ownership, etc.
Courts – Laws that evolve from court decisions are referred to as common laws or decisional laws. In addition to interpreting and applying constitutional or statutory laws, courts are also asked to resolve disputes between two parties. In the process of doing this, decisions are made and these result in common laws. Common laws are continually being adapted and expanded. In deciding specific controversies, courts generally adhere to the doctrine of “to stand by things decided”, which usually refer to following precedence. In other words, to arrive at a ruling in a particular case, the court applies the same rules and principles applied in previous similar cases until it is either modified or overruled.
Constitution - The constitution of a country is the supreme law of the country. It establishes the general organisation of the federal governments, grants certain powers to them, and places limits on what federal and state governments may do. Constitutions create legal right and responsibilities and are the foundation for a system of Justice.
Administrative authorities – In most cases, the process of law making follow some basic steps but occasionally, some administrative authorities such as the president, governors, ministers or commissioners make some general rules. Since such rules are not made by legislatures they are simply referred to as regulation or ordinances. An ordinance may simply be defined as the statement of general norms made by a chief executive of government without passing through the parliament.
What is a code?
A code is a term that is very similar to ordinance in nature. Codes generally come from the chief executive rather than parliament but unlike the ordinance, the general aim of the code is to give general guidelines for executing an existing law or statute. Example is the nursing code of ethic, which guides you in your practice of nursing. Also the nursing and midwife council of Nigeria can also come up with guidelines that will direct the practice of nursing in Nigeria. Another type of law is the decree. A decree is a law made by a supreme authority of the state and it is usually employed during military regimes. An edict is similar to decree but while decree is reserved for the head of state, edict is used to describe the laws made by state military governors.
Types of law
-public law
-private law:contract law
Tort law
