Week 3 Notes Flashcards
What is the definition of law?
Those rules which are recognised and enforced by courts.
What is the purpose of law?
To maintain order in society and prevent anarchy.
What are the 2 main values of law?
You are innocent until proven guilty
Everyone has the right to be heard in open court
Why is Australian Law called “recieved” law?
Because it was “received” from the UK. Australian Law was founded in British Law.
What is the Commonwealth Act?
The act that was passed in 1986 that allows Australia to make it;s own laws.
Define criminal law
A system of law concerned with the punishment of sanctioned behaviour for major or minor offenses
What is case law?
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.
What is a statute?
The legislation of the land, made by parliament. Put forward by a bill then when passed become law.
What is civil law?
Compensation, a plaintif suing a defendant.
What tyoe of law is it in which the burden of evidence must be proven beyond a reasonable doubt?
Criminal Law
What type of law requires the burden of proof to be determined on balance of probability?
Civil Law
What is ratio decidendi?
The rationale for the judges decision. it is binding.
What is obiter dicta?
The judges expression of an opinion that can be persuasive for a particular case but not binding.
Which is the top level of court in Australia?
The High Court of Australia
In whcih court would a treason trial be held?
The High Court of Australia
In which court would a traffic infringement trial be held?
The Magistrates Court
A jury is present in which type of trial?
Criminal
What are the two main roles of the court?
Interpretation and application of law
Regulations used in interpretation
Define the term “plaintiff”`
The entity or person bringing charges
Define the term “defendant”
The person or entity defending the charges
What is another word for defendant?
Respondent
What is an appellant?
The party that is appealing the courts decision
What is a tort?
A civil wrong which causes the claimant to suffer loss or harm resulting in legal liability for the person who commits the act.
Name some intentional torts
Assault. Battery. False imprisonment. Negligence. Defamation. Trespass- intentional interference with a person
Define “assault”
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.
Define “battery”
Carrying out the act of assault, must be intentional and must involve the actual touching of the complainants body without consent
Define “false imprisonment”
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
Name some occasions a nurse would have the right to restrain or detain without consent
Involuntary psych patients Child protection Suspected or actual infectious diseases Protecting patient from injury Protecting other patients from harm Protect staff from harm
What are some defenses againt false imprisonment claims?
Reasonable condition
Lawful arrest
Statutory right to detain
Risk of harm to self or others
Which principle does consent hold up?
Autonomy
What are the 4 criteria for proving negligence?
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
Who in the law is your neighbour?
Persons who are closely affected by your act that you knew could be affected and those who you owe a duty of care.
What is the thin skull rule?
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.
What are some defenses to negligence?
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
What is the name of a mistake that causes the death of a patient?
Criminal negligence
What is vicarious liability?
Employer is responsible for actions of employee therefore liable for negligent actions or omissions
Name some forms of protection against negligence suits
Documentation
Maintaining and recording a professional standard of care
Documentation of patient care and outcomes of care
Who is standard of care for RNs determined by?
Expert evidence of peers Statutory provisions Competencies of the RN Professional protocols, guidelines, policies Precedents set from previous court cases
What is the other name for the civil liabilities act?
The Good Samaritan act
Civil Liabilities Act (Good Samaritans Act) states you are negligent if:
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
Name some types of negligence
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
What are some tips for avoiding negligence?
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
Define “defamation”
Releasing false or misleading information about an individual that damages their interests.
