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Ethics in Nursing > Week 2: The legal context for practice > Flashcards

Week 2: The legal context for practice Flashcards

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1
Q

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

A

English common law

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2
Q

English common law:

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

Case law
rule
1° objective = consistency, predictable
public

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3
Q

Private law = ______ law in Canada, except where?

A

common

QC

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4
Q

What are the sources of common law?

A

Statutes
Case law (precedent)
Doctrine
Custom

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5
Q

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

A

Statutes

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6
Q

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

A

Statutes
Case law/precedent
doctrine
custom

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7
Q

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

A

Case Law/precedent

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8
Q

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

A

Doctrine

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9
Q

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

A

Custom law

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10
Q

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

A

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

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11
Q

Most commonly used form of common law

A

Case law

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12
Q

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

A

French civil law

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13
Q

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
A

roman
rules
scholarly, legal, ethical
civil

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14
Q

For public law, what system does QC use?

A

English common law system

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15
Q

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

A

Look at the civil code

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16
Q

Huge rulebook; the lawyers bible in QC

A

civil code

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17
Q

Since Canada has two law systems, it is termed?

A

bi-jural

18
Q

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

A

Supreme court

19
Q

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?)

A

True

20
Q

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

A

RHPA

Nurses Act

21
Q

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

A

RHPA

Nurses act

22
Q

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

A

professional duty of care

23
Q

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

A

Standard of care

24
Q

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

A

Standard of care

25
Q

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

A

Private law system in QC and private law system

26
Q

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

A

Private law

27
Q

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

A

Public law

28
Q

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

A

Public law

29
Q

Public law includes these law types.

A

Criminal, constitutional, administrative

30
Q

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

A

Common law

31
Q

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

A

MAID, patient’s rights to have an abortion

32
Q

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

A 
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
33
Q

In civil cases, ________ plays absolutely no role

A

government

34
Q

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

A

criminal law (public)

35
Q

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

A

criminal law (public)

36
Q

Innocent until proven guilty fits here

A

criminal law (public)

37
Q

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

A

1 - civil

2 - criminal

38
Q

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

A

Tort

39
Q

By definition, a tort is not ______.

A

criminal

40
Q

What are the types of torts?

A

Intentional - assault or battery

non-intentional - negligence

Ethics in Nursing (12 decks)

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