Nursing Accountability and Jurisprudence

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Questions and Answers

What is the purpose of the ad testificandum?

To decide disputes based on agreed procedures (correct)

To ensure compliance with court decisions

To summon a witness to testify

To provide evidence for a trial

What is the role of a complainant in a legal dispute?

To act as a witness during the trial

To file a document or complaint (correct)

To determine probable cause

To respond to a lawsuit

What does a summons serve to do?

Command an authorized person to notify a party (correct)

Allow a person to file a complaint

Authorize a person to act on behalf of the court

Summon a jury for a trial

What type of warrant is issued for the arrest of a person?

Warrant of arrest Signup and view all the answers

Which term describes the act of lying under oath?

Perjury Signup and view all the answers

What is the primary focus of the discovery phase in a legal process?

Pre-trial activities to gather information Signup and view all the answers

Who is referred to as the defendant in a lawsuit?

The individual being accused Signup and view all the answers

What must precede a trial in legal proceedings?

Discovery of evidence Signup and view all the answers

What is Private International Law primarily concerned with?

The relationship among private individuals Signup and view all the answers

Which of the following is NOT a category of Public Law?

Contract Law Signup and view all the answers

What does the Law of Public Administration primarily relate to?

Rights and responsibilities of public entities Signup and view all the answers

Which branch of law differentiates between statutory law and constitutional law?

Public Law Signup and view all the answers

What is the definition of Remedial Law?

Methods of correcting legal wrongs Signup and view all the answers

What is the function of the Good Samaritan Law?

To provide legal protection to bystanders assisting others Signup and view all the answers

What is the main accountability of a nurse towards their client?

To act in the best interest of the client Signup and view all the answers

Which type of law is set aside for addressing the relationship between private individuals in conflict situations?

Private International Law Signup and view all the answers

Which statement best describes the legal maxim 'Ignorantia juris non excusat'?

Lack of knowledge about the law does not exempt one from accountability Signup and view all the answers

Which of the following statements best describes conflict of laws?

It determines which state's law will be applied in legal situations. Signup and view all the answers

What is expected of an employee regarding their terms of employment?

To know and work within the scope of their employment Signup and view all the answers

What is one of the basic functions of law in society?

To define relationships among members of society Signup and view all the answers

Which of the following best describes accountability to the profession?

Ensuring personal actions align with professional standards Signup and view all the answers

In criminal law, what happens if there is no law punishing an act?

The act is automatically legal Signup and view all the answers

Which of the following statements is NOT true regarding the relationship between law and individual actions?

Personal beliefs can override legal obligations Signup and view all the answers

What role do laws play in conflict resolution within society?

They provide frameworks to resolve relationships and disputes Signup and view all the answers

What type of damages are awarded for mental anguish and physical suffering?

Moral Damages Signup and view all the answers

Which of the following best describes intentional torts?

Deliberate actions causing harm or injury Signup and view all the answers

Which of the following is NOT a type of damages discussed?

Punitive Damages Signup and view all the answers

Restraints in a healthcare setting should be used with:

Caution and discretion Signup and view all the answers

What does exemplary or corrective damages aim to achieve?

Serve the public good as an example Signup and view all the answers

Which of the following actions can lead to battery in tort law?

Touching someone without consent Signup and view all the answers

Temperate or moderate damages are best described as:

Compensations for minor injuries Signup and view all the answers

Which situation is considered an assault?

Verbally threatening someone without action Signup and view all the answers

What is a search warrant?

A legal document allowing a search of property based on suspicion. Signup and view all the answers

Which entity typically imposes fines in the USA?

A jury. Signup and view all the answers

What type of damages refers to monetary compensation for pecuniary loss?

Actual or Compensatory damages. Signup and view all the answers

In the context of damages, what does 'moral damages' refer to?

Reparation for emotional suffering. Signup and view all the answers

Which type of law deals with intentional torts?

Tort law. Signup and view all the answers

What is the purpose of nominal damages?

To recognize a violation of a right without significant loss. Signup and view all the answers

What type of damages is awarded to vindicate a right without compensating for loss?

Nominal damages. Signup and view all the answers

What characterizes liquidated damages?

Predefined amounts specified in a contract. Signup and view all the answers

What is the definition of defamation of character?

Discussing another individual in terms that diminish their reputation. Signup and view all the answers

Which of the following describes libel?

Written words that harm a person's reputation. Signup and view all the answers

What constitutes false imprisonment?

Unjustifiable detention of a person without a legal warrant. Signup and view all the answers

Under what circumstances can a patient's confidentiality be breached?

If there is a communicable disease involved. Signup and view all the answers

Which statement is true about unintentional torts?

They can result from negligence without intent. Signup and view all the answers

What is the right to refuse treatment referred to in legal terms?

Autonomy. Signup and view all the answers

In which situation would a patient’s private affairs likely remain confidential?

When the patient has not consented to sharing information. Signup and view all the answers

What is the primary outcome of slander?

Damaging someone's reputation through spoken words. Signup and view all the answers

Study Notes

Accountability for Nurses

Nurses in agencies, institutions, or hospitals are responsible to immediate supervisors.
Private duty nurses are held to a standard of conduct expected of reasonable prudent nurses.
Nurses are accountable for their professional standards. These might be in the Nursing Act or related regulations.
Nurses are accountable for their own nursing judgements, actions, and omissions.
Nurses are responsible for maintaining competency and safeguarding patient care, following professional standards.
Nurses are accountable to the client for the special knowledge, training, and skills associated with nursing.
Nurses are responsible for working within the employer's defined scope of employment and terms.
Nurses are accountable to the nursing profession.

Nursing Jurisprudence

A department of law comprising all legal principles and issues affecting nursing practice.
Includes laws and principles affecting nurses.

Law

A rule of conduct prescribed by supreme power in a state, outlining right and wrong.
A sum total of rules and regulations governing society.
"Nullum crimen nulla poena sine lege" - There is no crime if there is no law punishing the act.
Ignorance of the law is no excuse.

Accountability to the Client

Nurses have primary accountability to the client.
Nurses represent having specialized knowledge, training, and skills associated with nursing.

Accountability to the Employer

Nurses are responsible to work within the employer's defined scope of employment.
Nurses are responsible to know the terms of their employment.

Accountability to the Profession

Nurses are accountable for meeting professional standards.
Nurses must fulfil their duties within the bounds of law and ethics.

Basic Functions of Law in Society

Defining relationships among people and the state.
Defining permissible actions and rules to follow.

Functions of Law in Nursing

Providing a framework for nursing actions in patient care.
Defining nursing responsibilities compared to other healthcare professionals.
Establishing boundaries of independent nursing care actions.
Maintaining nursing practice standards through accountability.

Types of Law According to Source

Divine Law - Laws authored by God.
Human Law- Laws made by people.

Types of Human Law

Public Law - Body of law for public welfare, relationships between individuals and government agencies.
Private Law - Deals with relationships between private individuals, encompassing specialities like contract law.

Public Law

Constitutional Law - Deals with the constitution as a system of permanent political and juridical government.
Administrative Law - Covers rules, regulations, and orders created by administrative agencies within the government.
Law of Public Administration - Deals with the organization and management of government branches.

Private Law

Civil Law - Concerns itself with organizing the family and regulating property, or dealing with disputes between private parties.
Commercial Law - Concerns relations amongst commercial parties.

Criminal Law

A branch of jurisprudence examining the nature, extent, and degree of crimes.
Contains appropriate penalties for different offenses.

International Law

Law of the nations, or Law between nations
Composed of public and private international law.

Private International Law (Conflict of Laws).

Part of domestic law concerned with situations involving foreign elements.
Outlining when courts must apply rules of a different legal system.

Other Legal Concepts

Tort Law Legal wrongs against people or property.
Contract Law Deals with agreements and promises.

Due Process

A fair and orderly legal process for protecting and enforcing individual rights.

Damages in Law

Damages refer to pecuniary compensation for injuries or violations of rights.
Types of damages include actual, moral, exemplary, and liquidated damages.

Negligence

Failure to do something a reasonable person would, in a given set of circumstances.
Types of negligence include commission, omission, and quasi delict.
Legal defenses to negligence in nursing require evidence of maintaining proper standards of care.

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Description

This quiz covers the principles of accountability within nursing practice, including the legal and ethical responsibilities nurses have towards their patients and professional standards. It delves into the legal framework that governs nursing, ensuring nurses understand their accountability and the laws that impact their practice.