objective 3.1

Question 1

serves as a form of public policy
that represents a collective set of values and
beliefs that are deems important and
necessary as a way to maintain order and
peace within societies

Answer 1

law

Question 2

what are the 5 basic functions of law?

Answer 2

1. To help maintain order in our social lives.
2. To provide ways of resolving conflicts between people and
   groups.
3. To reflect the social norms and expectations for individuals,
   groups, and organizations in their social lives.
4. To help create social change and drive necessary changes
   in accepted behaviors and norms.
5. To describe the civil rights of individuals and outline ways
   that those rights are protected.

Question 3

why do nurses need to know the law?

Answer 3

Failure to understand professional
responsibilities and
standards puts the nurse at risk of
disciplinary or legal
action
Complex situations can arise
before laws can be made
to deal with them
Nurses have legal obligations to
their patients
Nurses have corresponding rights

Question 4

refers to laws set out by
the government through acts,
statutes, codes, or legislation

Answer 4

statutory law

Question 5

refers to law
(commonly regarded as “written law”)
that is constructed and modified by a
legislative body

Answer 5

legislation

Question 6

includes those laws that
have been derived from the system of
courts and judges. These laws are
often referred to as “judicial
precedent” or “judge-made”.
* arise from precedent
and are recorded through
documentation of relevant case law
and the decisions of courts.

Answer 6

common laws

Question 7

are those higher laws that apply to all persons
and thus should override human-made laws.
* They include matters such as the right to defend oneself from
harm as well as concepts of natural justice and the right to be
heard.

Answer 7

natural laws

Question 8

a term used in law
and ethics referring to a
trusting relationship in which
there is a clear and binding
obligation to act in the best
interests of the other.

Answer 8

fiduciary

Question 9

this refers to the
legal or ethical obligation of
many professionals, including
for example nurses, doctors and
lawyers, to act in the best
interests of another person (ex:
patient) and to put their own
best interests aside, as part of a
relationship involving trust and
good faith.

Answer 9

fiduciary duty

Question 10

Laws related to public
welfare.
Crimes are punishable by
imprisonment, probation,
loss of license or fines.
Any violation of a law that
governs nursing practice
is a crime.

Answer 10

criminal law

Question 11

Laws between organizations
and/or individuals.

Answer 11

civil law

Question 12

is a violation of a civil law in which another has been
wronged

Answer 12

tort

Question 13

Common law imposes on persons a duty of care to those people who are close to, or closely connected with, one’s conduct or activities.
Professionals such as nurses owe a duty of care to those who retain their services or are placed in their care to act in a competent and diligent manner according to reasonable standards and expectations.

Answer 13

professional duty of care

Question 14

is the broad professional knowledge, attitude, and skills one must have in order to work in a specialized area or profession.
Disciplinary knowledge and the application of concepts, processes, and skills are required to test professional competence in any particular field.
Regulatory bodies make clear the standards and competence required of professional nurses.
When a member’s conduct falls below the standard, a member will be investigated and, if warranted, subjected to charges, a hearing, and sanctions.
To avoid legal complications, nurses should always ensure that they are in strict compliance with the standards, rules, and regulations of their profession.

Answer 14

professional competence

Question 15

occurs when a professional’s behaviour fails to meet the ethical and legal rules and standards of the profession.

Answer 15

professional misconduct

Question 16

a common type of non-intentional tort and requires that there be an existent duty of care that was breached in a particular way by a person who was expected to uphold a standard of care and who could reasonably foresee that their actions might result in the wrongful act or injury
Failure to exercise the degree of care that a person of ordinary prudence, based on the reasonable standard, would exercise under the same or similar circumstances.

Answer 16

negligence

Question 17

what are the elements of negligence?

Answer 17

Duty to care owed to the plaintiff (pt. or client)
Breach of duty of care by the defendant (e.g. nurse or physician) by failure to administer treatment or provide health care in accordance with a particular standard of care.
Pt. suffers damage as a direct result of the breach of the duty of care.

Question 18

To be liable in tort, a defendant must owe a duty of care to the plaintiff, either personally or as a member of a class of person’s, such as pt.’s seeking health care perhaps.

Answer 18

duty of care

Question 19

In legal proceedings, the nurse’s practice is examined and compared with normal, competent, and reasonable standards of nursing practice to determine whether the conduct in question conformed with that expected of a reasonably competent and skilled nurse.

Answer 19

standard of care and causation

Question 20

in strict legal terms, encompasses several professional wrongdoings and liability, but it is commonly understood as a type of medical or nursing negligence.

Answer 20

malpractice

Question 21

that has caused suffering or injury may be legally actionable as a claim for damages (and reduced to a claim for money) as a result.

Answer 21

negligence

Question 22

– the concept that certain events may reasonably be expected to cause specific consequences; an element of negligence and malpractice

Answer 22

foreseeability

Question 23

Defined as common law as intentionally bringing about a harmful or offensive and non-consensual act upon another. Unlawful touching of another without consent.

Answer 23

battery

Question 24

can be described as permission given by a person for someone else to perform an act upon him or her, may be explicit or implied by the circumstances or by the conduct of the aggrieved person.

Answer 24

consent

Question 25

given either orally or written

Answer 25

expressed consent

Question 26

agreement to an act inferred from the actions of the recipient

Answer 26

implied consent

Question 27

the right of the individual to determine when, how, and to what extent he or she will release personal information”

Answer 27

privacy

Question 28

related to holding in private any information provided and protecting the exchange of information with an obligation to prevent release of information to those who are unauthorized

Answer 28

confidentiality