Week 2: The legal context for practice

Question 1

System of rules and principles based on past judgement/rulings in cases (i.e. precedents)

Answer 1

English common law

Question 2

English common law:

• Also called _____ ____
• No ____ book
• Primary objectives?
• In Canada, ______ law = Common Law System

Answer 2

Case law
rule
1° objective = consistency, predictable
public

Question 3

Private law = ______ law in Canada, except where?

Answer 3

common

QC

Question 4

What are the sources of common law?

Answer 4

Statutes
Case law (precedent)
Doctrine
Custom

Question 5

Formal laws passed by government; are the most authoritative form of common law (i.e. override over sources of common law in Canada)

Answer 5

Statutes

Question 6

Organize, from most authoritative to least, the sources of common law in Canada.

Answer 6

Statutes
Case law/precedent
doctrine
custom

Question 7

Passed court decisions that help to form the basis of decisions that are made in court cases in the present

Answer 7

Case Law/precedent

Question 8

Scholarly literature, written by law scholars and academics, they talk about different cases and what happens in other cases or speak to what kind of harm occured

Answer 8

Doctrine

Question 9

Hardly ever used, least authoritative, only ever enacted if there are no laws on a situation, no past cases, or no doctrine/literature discussing the case

Answer 9

Custom law

Question 10

If custom law must be enacted, what do judges look to?

Answer 10

Look to profession/trade and see what the common practices are to inform their decisions

Question 11

Most commonly used form of common law

Answer 11

Case law

Question 12

What is the private legal system that is used in QC?

Answer 12

French civil law

Question 13

French civil law:

• based on _____ law
• comprehensive statement of _____
• developed from _______ writings from ______ experts, common sense and _____ principles
• Primary source of law in QC for _____ (private) cases

Answer 13

roman
rules
scholarly, legal, ethical
civil

Question 14

For public law, what system does QC use?

Answer 14

English common law system

Question 15

There are many sources of common law, but what do those using French civil law use?

Answer 15

Look at the civil code

Question 16

Huge rulebook; the lawyers bible in QC

Answer 16

civil code

Question 17

Since Canada has two law systems, it is termed?

Answer 17

bi-jural

Question 18

What is at the top of Canada’s court system?

Answer 18

Supreme court

Question 19

If a precedent is enacted at the supreme court level, this necessarily means that it will be enacted at the provincial level. (T or F?)

Answer 19

True

Question 20

What are some laws and legislations that govern our practice in Ontario?

Answer 20

RHPA

Nurses Act

Question 21

Documents which outline our scope and define what our duty of care is to the population we serve, and outlines are standard of care

Answer 21

RHPA

Nurses act

Question 22

Legal obligation imposed on an individual to act or refrain from acting in a way such as to avoid causing harm to the person or property of another who might reasonably be affected and whose rights and well-being ought to be considered by the actor

Answer 22

professional duty of care

Question 23

A nurse’s treatment of a patient will be judged by the standard of the reasonably competent nurse.

Answer 23

Standard of care

Question 24

Defines what another nurse who is competent and prudent would do in a similar situation.

Answer 24

Standard of care

Question 25

There are two definitions of civil law in Canada, what are they?

Answer 25

Private law system in QC and private law system

Question 26

Deals with the relationships between individuals or private parties to settle private disputes

Answer 26

Private law

Question 27

Rules for the relationship between the individual and society or for the roles of different governments

Answer 27

Public law

Question 28

Rules for the relationship between the individual and society or for the roles of different governments.

Answer 28

Public law

Question 29

Public law includes these law types.

Answer 29

Criminal, constitutional, administrative

Question 30

Other than QC, the rest of Canada uses this system for both public and private law.

Answer 30

Common law

Question 31

What are some constitutional laws that affect nursing care in Canada?

Answer 31

MAID, patient's rights to have an abortion

Question 32

Indicate whether civil or criminal law A - Offences set out in the Criminal code or other Federal laws B - includes contracts, property disputes, torts C - State or crown investigates and prosecutes on the victim's behalf D - plaintiff vs. defendant E - outcome often monetary award to address harm inflicted F - Acts of intentional harm to individuals that are offences against society (Deals with) G - most offences require proof beyond a reasonable doubt in order for an accused to be found guilty

Answer 32

``` A - Criminal (public) law B - Civil law (private) C - Criminal (public) law D - Civil law (private) E - Civil law (private) F - Criminal (public) law G - Criminal (public) law ```

Question 33

In civil cases, ________ plays absolutely no role

Answer 33

government

Question 34

Deals with acts of intentional harm, but are offences to us all

Answer 34

criminal law (public)

Question 35

Crown or state represents the plaintiff, defendant needs a lawyer against the crown

Answer 35

criminal law (public)

Question 36

Innocent until proven guilty fits here

Answer 36

criminal law (public)

Question 37

For the following examples, describe whether it is civil or criminal: 1 - An RN moves a wet floor sign out of the way so that they can move a piece of equipment down the hall. They are busy and forget to put it back. A patient slips on the wet floor and breaks their hip. 2 - an RN intentionally turns off a patient's ventilator without consent from the family, killing the patient

Answer 37

1 - civil | 2 - criminal

Question 38

Civil wrong committed by one person against another such as to cause some injury or damage to either person or property

Answer 38

Tort

Question 39

By definition, a tort is not ______.

Answer 39

criminal

Question 40

What are the types of torts?

Answer 40

Intentional - assault or battery | non-intentional - negligence