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Law & Ethics > Week 3 Notes > Flashcards

Week 3 Notes Flashcards

You may prefer our related Brainscape-certified flashcards:
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1
Q

What is the definition of law?

A

Those rules which are recognised and enforced by courts.

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2
Q

What is the purpose of law?

A

To maintain order in society and prevent anarchy.

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3
Q

What are the 2 main values of law?

A

You are innocent until proven guilty

Everyone has the right to be heard in open court

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4
Q

Why is Australian Law called “recieved” law?

A

Because it was “received” from the UK. Australian Law was founded in British Law.

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5
Q

What is the Commonwealth Act?

A

The act that was passed in 1986 that allows Australia to make it;s own laws.

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6
Q

Define criminal law

A

A system of law concerned with the punishment of sanctioned behaviour for major or minor offenses

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7
Q

What is case law?

A

Common law or judge made law. Cases that the judge hears and decides the oucome. Future cases are then dealt with in the same manner.

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8
Q

What is a statute?

A

The legislation of the land, made by parliament. Put forward by a bill then when passed become law.

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9
Q

What is civil law?

A

Compensation, a plaintif suing a defendant.

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10
Q

What tyoe of law is it in which the burden of evidence must be proven beyond a reasonable doubt?

A

Criminal Law

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11
Q

What type of law requires the burden of proof to be determined on balance of probability?

A

Civil Law

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12
Q

What is ratio decidendi?

A

The rationale for the judges decision. it is binding.

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13
Q

What is obiter dicta?

A

The judges expression of an opinion that can be persuasive for a particular case but not binding.

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14
Q

Which is the top level of court in Australia?

A

The High Court of Australia

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15
Q

In whcih court would a treason trial be held?

A

The High Court of Australia

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16
Q

In which court would a traffic infringement trial be held?

A

The Magistrates Court

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17
Q

A jury is present in which type of trial?

A

Criminal

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18
Q

What are the two main roles of the court?

A

Interpretation and application of law

Regulations used in interpretation

19
Q

Define the term “plaintiff”`

A

The entity or person bringing charges

20
Q

Define the term “defendant”

A

The person or entity defending the charges

21
Q

What is another word for defendant?

A

Respondent

22
Q

What is an appellant?

A

The party that is appealing the courts decision

23
Q

What is a tort?

A

A civil wrong which causes the claimant to suffer loss or harm resulting in legal liability for the person who commits the act.

24
Q

Name some intentional torts

A 
Assault.
Battery.
False imprisonment.
Negligence.
Defamation.
Trespass- intentional interference with a person
25
Q

Define “assault”

A

Intentionally creating in the mind of another the apprehension of unwanted physical attention. Touching is not required, based on the victims perception and good intentions are not a defence.

26
Q

Define “battery”

A

Carrying out the act of assault, must be intentional and must involve the actual touching of the complainants body without consent

27
Q

Define “false imprisonment”

A

Being confined against ones will. Physical contact is not required and duration is not an issue. The criminal equivalent of the charge is deprivation of liberty

28
Q

Name some occasions a nurse would have the right to restrain or detain without consent

A 
Involuntary psych patients
Child protection
Suspected or actual infectious diseases 
Protecting patient from injury 
Protecting other patients from harm
Protect staff from harm
29
Q

What are some defenses againt false imprisonment claims?

A

Reasonable condition
Lawful arrest
Statutory right to detain
Risk of harm to self or others

30
Q

Which principle does consent hold up?

A

Autonomy

31
Q

What are the 4 criteria for proving negligence?

A

Duty of care owed to plaintiff
Dereliction of duty of care
Damage suffered by plaintiff (physical, psychological harm or financial cost)
Direct consequence of breaching duty of care and reasonable foreseeable

32
Q

Who in the law is your neighbour?

A

Persons who are closely affected by your act that you knew could be affected and those who you owe a duty of care.

33
Q

What is the thin skull rule?

A

The exception to reasonable foreseeability. Someone is entitled to full compensation if they are frailer than the average individual even though the consequences were not foreseeable. Eg. severe osteoporosis and you break someone’s arm by taking a BP.

34
Q

What are some defenses to negligence?

A

No duty of care required
No suffering or damage sustained
Plaintiff contributed or consented to risk
Time limitations (6 year statute in Australia)
Voluntary assumption of risk
Contributory negligence
An intervening act

35
Q

What is the name of a mistake that causes the death of a patient?

A

Criminal negligence

36
Q

What is vicarious liability?

A

Employer is responsible for actions of employee therefore liable for negligent actions or omissions

37
Q

Name some forms of protection against negligence suits

A

Documentation
Maintaining and recording a professional standard of care
Documentation of patient care and outcomes of care

38
Q

Who is standard of care for RNs determined by?

A 
Expert evidence of peers 
Statutory provisions
Competencies of the RN
Professional protocols, guidelines, policies
Precedents set from previous court cases
39
Q

What is the other name for the civil liabilities act?

A

The Good Samaritan act

40
Q

Civil Liabilities Act (Good Samaritans Act) states you are negligent if:

A

It was foreseeable that the risks you took would easily result in harm or that not doing something would result in harm
Risk was significant
Reasonable person would have taken precautions to avoid harm but you didn’t

41
Q

Name some types of negligence

A 
Failure to follow standards of care (in relation to scope of practice)
Failure to use equipment safely
Failure to communicate adequately 
Failure to document adequately
Failure to assess and monitor adequately
42
Q

What are some tips for avoiding negligence?

A

Communicate regularly with colleagues, patients and family
Do not be tempted to cut corners
Remain within your scope of practice
Follow the NMBA decision making guide
Assess each patient individually
Understand the standard of care and what will breach it
Know what you are being asked to do and whether you are competent to do it
Do not deliver treatment unsupervised if not confident to do so
Clarify orders if you are unsure
Always ask for help if you are unsure of anything
Be aware of the risks associated with interventions and have a risk management plan

43
Q

Define “defamation”

A

Releasing false or misleading information about an individual that damages their interests.

Law & Ethics (3 decks)

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