Exam 4 Definitions Flashcards
What is the definition of law?
Standard or rule of conduct established & enforced by government (Designed to protect the rights of the public)
What is litigation?
The process of taking legal action (start)
What is the plaintiff?
The person who brings a case against another in a court of law. The one who was wronged.
What is the defendant?
The individual, company, or institution being accused or sued in a court of law. Presumed innocent until proven guilty
What is the definition of public law?
Regulates relationships bt. Individuals & government
What is the definition of private law?
Regulates relationships among people
What is the definition of criminal law?
Defines criminal actions (e.g. murder, theft)
What is the definition of constitution law?
Fundamental principles or established precedents according to which a state or other organization is governed. (Highest level of law)
What is the definition of statutory law?
Law enacted by a legislative body. (traffic regulation)
What is the definition of administrative law?
Body of law that regulates the operations and procedures of government agencies.
What is the definition of common law?
Law developed through court decisions rather than through statutes. (Ruling made be a judge)
What is a misdemeanor?
A less serious crime, typically punishable by a fine or a short jail term (<1 year)
What is a felony?
A more serious crime, usually punishable by imprisonment for more than one year
What is tort?
A wrong committed by a person against another person or that person’s property; tried in civil court (malpractice)
What is a crime?
Wrong against a person or the person’s property as well as the public
4 elements of liability
Duty, Breach of duty, Causation, & Damages
What is duty?
The accepting of the assignment
What is breach of duty?
Did not meet the standards
What is causation?
Breach of duty caused something bad to happen
What is damages (liability)?
Pt. suffers (physical or emotional)
What is modeling in regards to value transmission?
A method of value transmission where individuals learn behaviors by observing others. Something learned in upbringing (parents)
What is moralizing in regards to value transmission?
A mode of value transmission that emphasizes the importance of moral lessons and ethical principles. (Church, school, etc.)
What is Laissez-faire in regards to value transmission?
An approach to value transmission that allows individuals to make their own choices without intervention. (when parents let you explore your values
What is rewarding & punishing in regards to value transmission?
A technique of value transmission that involves incentives and consequences to influence behavior. (parents punishing when you stray)
What is responsible choice in regards to value transmission?
A value transmission method that encourages individuals to make informed and accountable decisions. (after exploring, you decide what is best for you)
What is altruism?
Concern for welfare & well-being of others
What is autonomy?
Right to self-determination,
the ability to make one’s own decisions independently
What is human dignity?
Respect for inherent worth & uniqueness of individuals & population
What is integrity?
Acting according to code of ethics & standards of practice
What is social justice?
Upholding moral, legal, & humanistic rights
What are bioethics?
Life sciences
What are nursing ethics?
Ethics analysis used by nurses to make ethical judgements
What are feminist ethics?
Critiques existing patterns of oppression & domination in society especially affecting women & the poor
What is the utilitarian action-guiding theory?
The rightness or wrongness of an action depends on the consequences of the action
What is the deontological action-guiding theory?
An action is right or wrong independent of its consequences
What is the autonomy principle-based approach?
Respect rights of pt. to make health care decisions
What is the nonmaleficence principle-based approach?
Avoid causing harm
What is the beneficence principle-based approach?
Benefit the patient
What is the justice principle-based approach?
Give each his or her due & act fairly
What is the fidelity principle-based approach?
Keep promises
What is the definition of an ethical dilemma?
2+ clear moral principles apply but support mutually inconsistent courses of action (the choices)
What is the definition of ethical distress?
Occurs when the nurse knows the right thing to do, but either personal or institutional factors make it difficult to follow the correct course of action (the way it makes you feel)
What is actual loss?
Can be recognized by others
What is perceived loss?
Is felt by person but intangible to others
What is physical loss?
The loss of a tangible item or part of the body.