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?

<p>Warrant of arrest (B)</p> Signup and view all the answers

Which term describes the act of lying under oath?

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

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

<p>Pre-trial activities to gather information (C)</p> Signup and view all the answers

Who is referred to as the defendant in a lawsuit?

<p>The individual being accused (B)</p> Signup and view all the answers

What must precede a trial in legal proceedings?

<p>Discovery of evidence (D)</p> Signup and view all the answers

What is Private International Law primarily concerned with?

<p>The relationship among private individuals (B)</p> Signup and view all the answers

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

<p>Contract Law (A)</p> Signup and view all the answers

What does the Law of Public Administration primarily relate to?

<p>Rights and responsibilities of public entities (C)</p> Signup and view all the answers

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

<p>Public Law (D)</p> Signup and view all the answers

What is the definition of Remedial Law?

<p>Methods of correcting legal wrongs (B)</p> Signup and view all the answers

What is the function of the Good Samaritan Law?

<p>To provide legal protection to bystanders assisting others (C)</p> Signup and view all the answers

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

<p>To act in the best interest of the client (B)</p> Signup and view all the answers

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

<p>Private International Law (A)</p> Signup and view all the answers

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

<p>Lack of knowledge about the law does not exempt one from accountability (A)</p> Signup and view all the answers

Which of the following statements best describes conflict of laws?

<p>It determines which state's law will be applied in legal situations. (D)</p> Signup and view all the answers

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

<p>To know and work within the scope of their employment (B)</p> Signup and view all the answers

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

<p>To define relationships among members of society (A)</p> Signup and view all the answers

Which of the following best describes accountability to the profession?

<p>Ensuring personal actions align with professional standards (B)</p> Signup and view all the answers

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

<p>The act is automatically legal (A)</p> Signup and view all the answers

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

<p>Personal beliefs can override legal obligations (B)</p> Signup and view all the answers

What role do laws play in conflict resolution within society?

<p>They provide frameworks to resolve relationships and disputes (C)</p> Signup and view all the answers

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

<p>Moral Damages (D)</p> Signup and view all the answers

Which of the following best describes intentional torts?

<p>Deliberate actions causing harm or injury (A)</p> Signup and view all the answers

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

<p>Punitive Damages (B)</p> Signup and view all the answers

Restraints in a healthcare setting should be used with:

<p>Caution and discretion (D)</p> Signup and view all the answers

What does exemplary or corrective damages aim to achieve?

<p>Serve the public good as an example (C)</p> Signup and view all the answers

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

<p>Touching someone without consent (B)</p> Signup and view all the answers

Temperate or moderate damages are best described as:

<p>Compensations for minor injuries (C)</p> Signup and view all the answers

Which situation is considered an assault?

<p>Verbally threatening someone without action (A)</p> Signup and view all the answers

What is a search warrant?

<p>A legal document allowing a search of property based on suspicion. (D)</p> Signup and view all the answers

Which entity typically imposes fines in the USA?

<p>A jury. (C)</p> Signup and view all the answers

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

<p>Actual or Compensatory damages. (B)</p> Signup and view all the answers

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

<p>Reparation for emotional suffering. (D)</p> Signup and view all the answers

Which type of law deals with intentional torts?

<p>Tort law. (B)</p> Signup and view all the answers

What is the purpose of nominal damages?

<p>To recognize a violation of a right without significant loss. (A)</p> Signup and view all the answers

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

<p>Nominal damages. (A)</p> Signup and view all the answers

What characterizes liquidated damages?

<p>Predefined amounts specified in a contract. (D)</p> Signup and view all the answers

What is the definition of defamation of character?

<p>Discussing another individual in terms that diminish their reputation. (D)</p> Signup and view all the answers

Which of the following describes libel?

<p>Written words that harm a person's reputation. (D)</p> Signup and view all the answers

What constitutes false imprisonment?

<p>Unjustifiable detention of a person without a legal warrant. (B)</p> Signup and view all the answers

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

<p>If there is a communicable disease involved. (C)</p> Signup and view all the answers

Which statement is true about unintentional torts?

<p>They can result from negligence without intent. (D)</p> Signup and view all the answers

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

<p>Autonomy. (A)</p> Signup and view all the answers

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

<p>When the patient has not consented to sharing information. (D)</p> Signup and view all the answers

What is the primary outcome of slander?

<p>Damaging someone's reputation through spoken words. (C)</p> Signup and view all the answers

Flashcards

Nurse's Primary Accountability

A nurse's main responsibility is to the patient/client. This includes providing specialized knowledge, training, and skills related to nursing.

Employer Accountability

Nurses, as employees, must adhere to their employer's rules and scope of employment.

Ignorance of the Law

Lack of awareness of a law is no valid defense in a criminal case, because one is assumed to know the law.

Law's Social Function 1

Law defines acceptable social behaviors and relationships.

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Law's Social Function 2

Law uses power to enforce rules and resolve conflicts.

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Law's Social Function 3

Law helps address societal problems and needs.

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Law's Social Function 4

Law adjusts to evolving social needs, relations and conditions.

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General Applicability of Law

Laws apply equally to all people within a jurisdiction.

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Private International Law

A body of law dealing with relationships among individuals in legal situations, encompassing various legal specialities like tort and contract law.

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Conflict of Laws

Another name for Private International Law, specifying the part of law within a state that determines the applicability of another state's laws in particular situations.

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Public Law

The branch of law concerning the organization and functions of the government.

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Constitutional Law

A specific part of public law dealing with establishing and maintaining the government structure.

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Administrative Law

Concerns the rules and procedures of administrative agencies within the government system.

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Remedial Law

Deals with methods for enforcing rights and obtaining justice or redress for wrongs/injuries.

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The Good Samaritan Law

A law related to the duty to help someone in need.

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Political Law

The science of politics, or the structure of government.

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What is a legal dispute?

A disagreement or conflict between parties that requires a legal decision.

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What is a legal procedure?

A specific set of steps or actions used to handle legal issues.

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What is 'ad testificandum'?

A writ commanding a person to appear in court as a witness at a specific time and place.

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What is a warrant?

A legal document authorizing an action, often involving arrest or search.

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What is a warrant of arrest?

A court order authorizing the detention or arrest of a person.

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What is a complaint?

A formal document stating a legal claim against a person.

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What is a reply?

A response to a complaint, addressing the accusations.

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What is discovery?

The process of gathering information before a trial.

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Search Warrant

A legal document issued by a judge that authorizes law enforcement to search a specific location for evidence related to a crime.

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Exhibit in Court

A piece of evidence presented during a legal case, such as a patient's chart used to support a claim.

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Sub Judice Rule

A legal principle that prohibits public discussion of a case that is currently pending before a court.

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Fines

Monetary penalties imposed on individuals convicted of a crime or a lesser offense.

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Damages (Law)

Pecuniary compensation awarded to someone who has suffered harm due to the actions of another.

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Actual Damages

Compensation for actual financial losses resulting from a breach of contract or a tort.

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Moral Damages

Compensation for non-financial harm, such as emotional distress or mental anguish.

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Nominal Damages

A small sum of money awarded to acknowledge a breach of contract or tort, even if there was no actual financial loss.

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Tort Law

A legal wrong committed against a person or property independent of a contract, leading to liability for damages in a civil action.

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Compensatory Damages

Pecuniary loss suffered by a party due to a tort, proven through evidence.

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Exemplary Damages

Punishment damages imposed as a warning to the public.

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Liquidated Damages

Damages agreed upon by parties in a contract in case of breach.

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Assault

An unjustified attempt to touch another person or the threat of doing so.

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Battery

Unlawful physical contact with another without consent.

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Use of Restraints

Restraints should only be used with caution and discretion, require a physician's order, and respect a patient's right to freedom.

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Slander

Oral defamation of character. This is when someone says false words that damage another person's reputation.

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False Imprisonment

Unjustifiably detaining someone against their will without a legal warrant. Making someone feel trapped.

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Invasion of Privacy

The right to be left alone, free from unwanted publicity and exposure, and to live without your private affairs being made public without consent.

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Breach of Confidentiality

A violation of the duty to keep private information confidential.

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Right to Refuse Treatment

The right of a patient to decline medical care or treatment.

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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.
  • 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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Accountability in Nursing Practice PDF

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.

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