CLAW326 Module 1: Legal Case Example

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Questions and Answers

What will the course focus on during the initial weeks?

  • Advanced applied learning
  • Case studies and dilemmas
  • Navigating through the modules
  • General foundational work (correct)

What will be covered in the pages that follow the course overview?

  • Setting norms and expectations
  • Getting around the course
  • Working your way through the modules (correct)
  • Student support and introduction to tools

What will be encouraged as the course works through dilemmas and case studies?

  • Sharing experiences (correct)
  • Navigating through the modules
  • Interactive self-assessments
  • Working with general foundational work

Where can students find a general introduction to the tools used in online courses at The Chang School?

<p>Student support link in the main course menu (C)</p> Signup and view all the answers

What does the course overview aim to help students with?

<p>Navigating through the course and modules (C)</p> Signup and view all the answers

What type of learning is expected from about week three onward?

<p>Applied learning (D)</p> Signup and view all the answers

How many modules are there in this course?

<p>13 modules (B)</p> Signup and view all the answers

Where can one find examples of the sections of the provincial Legislation Act ss 67 and 68?

<p>Consolidated laws, on the e-Laws website (D)</p> Signup and view all the answers

What action should one take after clicking on the letter 'L' in the Browse section on the e-Laws website?

<p>Scroll down to find 'Legislation Act, 2006 c.21, Sched F' (D)</p> Signup and view all the answers

What should one do after opening the 'Legislation Act, 2006 c.21, Sched F' document?

<p>Scroll down to find sections 67 and click on it (D)</p> Signup and view all the answers

Where can one find cases reported in the Supreme Court Reports with 'S.C.R.' in their citations?

<p>Lexum website for Supreme Court of Canada cases (B)</p> Signup and view all the answers

What type of cases are denoted by 'S.C.C.' in their citations?

<p>Supreme Court of Canada cases (A)</p> Signup and view all the answers

What does the abbreviation 'CanLII' stand for?

<p>Canadian Legal Information Institute (B)</p> Signup and view all the answers

Where should one go to find examples of Case Law?

<p>Lexum website for Supreme Court of Canada cases (A)</p> Signup and view all the answers

What standard of proof generally applies in discipline hearings under the Regulated Health Professions Act?

<p>Clear and convincing evidence (C)</p> Signup and view all the answers

What does the Ontario Health Care Consent Act require for 'treatment'?

<p>Consent from the patient or substitute decision-maker (D)</p> Signup and view all the answers

Which document is filed by the plaintiff as the first document in civil litigation?

<p>Statement of Claim (B)</p> Signup and view all the answers

In the case of Cuthbertson v. Rasouli, what does the Supreme Court consider as part of the definition of 'treatment'?

<p>Any medical intervention (A)</p> Signup and view all the answers

What is the burden of proof on the Crown in criminal cases?

<p>Beyond a reasonable doubt (A)</p> Signup and view all the answers

According to Jocelyn Downie, what does the Consent and Capacity Board have the authority to do in certain situations?

<p>Substitute its opinion for that of the substitute decision-maker (B)</p> Signup and view all the answers

What type of cases are generally considered to have more severe consequences in discipline hearings?

<p>Cases related to professional misconduct like sexual abuse (D)</p> Signup and view all the answers

If a physician disagrees with a substitute decision-maker's refusal to consent to withdrawal, what action can the physician take?

<p>Go to the Consent and Capacity Board (D)</p> Signup and view all the answers

In what type of case does the charging document filed by the police refer to as an 'Information'?

<p>Criminal case (B)</p> Signup and view all the answers

What does 'treatment' encompass according to the Ontario Health Care Consent Act?

<p>Any procedure or intervention to maintain life (A)</p> Signup and view all the answers

What is the first document filed by the defendant in civil litigation?

<p>Statement of Defense (C)</p> Signup and view all the answers

When can a physician go to the Consent and Capacity Board to argue for their case?

<p>If they disagree with a substitute decision-maker's refusal to consent to withdrawal (D)</p> Signup and view all the answers

What standard of proof generally applies in more severe discipline cases, such as sexual abuse, despite the civil nature of the hearing?

<p>'Clear, cogent and convincing' (A)</p> Signup and view all the answers

What action can the Consent and Capacity Board take if persuaded by a physician's evidence and arguments?

<p>Substitute its opinion for that of the substitute decision-maker (D)</p> Signup and view all the answers

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Study Notes

  • CLAW326 is a Law for Health Managers course with 13 modules.
  • Each week, new content, readings, and learning activities are introduced.
  • Students are encouraged to share experiences and use interactive self-assessments.
  • Course navigation includes getting around the course and working through the modules.
  • Students should familiarize themselves with the course menus and tools.
  • The e-Laws website is used to find Provincial Statutes and Regulations.
  • The Legislation Act, 2006 ss 67 and 68 can be found on the e-Laws website.
  • B. (R.) v. Children's Aid Society of Metropolitan Toronto, 1 S.C.R. 315, 1995 CanLII 115 is an example case.
  • The Ontario Health Care Consent Act requires consent for treatment, including the withdrawal of life support.
  • The Consent and Capacity Board can substitute its opinion for a substitute decision-maker in disputes over treatment withdrawal.
  • The Crown must prove that there is no realistic chance that charges are untrue in criminal cases.
  • In discipline hearings under the Regulated Health Professions Act, the civil standard applies.
  • The potential consequences of severe discipline cases, such as sexual abuse, are serious.
  • The standard of proof is civil and requires clear, cogent, and convincing evidence.
  • Pleadings, including the Statement of Claim and Statement of Defense, are filed documents in civil litigation.
  • In a criminal case, the charging document is called an Information.

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CLAW326 Module 1 - Welcome PDF

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