Introduction to Law Richard Griffith.pptx

Law, ethics and nursing Richard Griffith  Nurse Jones puts £1 in a vending machine to buy a can of coke. 19 cans fall into the tray. She makes two trips to gather them all and take them to the ward She distributes them to patients and staff and keeps 6 for herself In yo...

Law, ethics and nursing Richard Griffith  Nurse Jones puts £1 in a vending machine to buy a can of coke. 19 cans fall into the tray. She makes two trips to gather them all and take them to the ward She distributes them to patients and staff and keeps 6 for herself In your view has Nurse Jones done anything unlawful? Transferable Skills Developm ent of legal Semantic and Analysis political awareness Research Skills Semantic analysis? Woman without her man is lost Semantic analysis? Woman, without her, man is lost Semantic analysis Mental health Act 1983 section 2 Admission for assessment. (2)An application for admission for assessment may be made in respect of a patient on the grounds that— (a)he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and (b)he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons. Defining Law A dictionary definition of 'law' Rule enacted or customary in a community and recognised as commanding or forbidding certain actions Body of such rules....“  Key characteristic of law is that it is perceived as binding upon the community. English word Law is derived from the Old Norse meaning laid down or fixed. Normative and Positive Rules Honour your mother & father Do not steal Be truthful in all circumstances Do not kill other people Rescue your neighbours drowning child Register a child's birth Do not park on double yellow lines  Some cases the law requires that a person take action, for example the requirement that a child's birth be registered. However, in other cases the law requires a person to refrain from doing something, for example from killing others. R v Dudley & Stephens Killing and eating the flesh of another from necessity Relevance to Healthcare Drawing together of normative and positive rules Answerable for one’s action to a range of higher authorities What do you do when faced with a woman refusing to have a caesarean section and willing to allow herself and her baby to die How do you respond if a police officer asks you if your patient has admitted committing a road traffic offence Where do you draw the line when explaining the risks inherent in a major surgical procedure Criminal and Civil Law a crime is an act that is capable of being followed by criminal proceedings and with an outcome, an acquittal or a conviction that is criminal in nature.  the law of tort is primarily concerned with providing a remedy to persons who have been harmed by the conduct of others it covers a variety of forms of action in which individuals use civil proceedings either to seek compensation for harm done to them by others or to prevent such harm occurring Sources & Authority of Law Authority For = Source Of = Weight Distinction made between Coercion - must follow and obey Persuasive - help to make up ones mind Types of Source Legislation Received Wisdom Primary - Acts of Legal Writers Parliament Public Opinion Secondary Extra Legal Source Legislation - e.g. Statutory Highway Code Instruments Europe Judicial Decisions European Court Royal Prerogative ECHR Custom & Practice Legislation Acts of Parliament Acts we are concerned with are PUBLIC GENERAL ACTS Concerned with Classes or Sub Classes Not PRIVATE ACTS Concerned with Localities and Persons including legal persons Function of Acts Revision of substantive rules of law Law Commission keeps law under review Consolidation of Acts Codification Enacting rules of common law Collection of revenue Social legislation Broad category cover many facets of govt running country. Subject to party political differences Ways of Making Law Bottom Up - Top Down - Reactive Proactive Problem Policy - Manifesto Try Administrative Sec. Of State & Civil Solution Servants Doesn’t Work Green Paper Legal Solution White Paper Dept of State Instructions to PDO Instructions Bill Amend legislation Act Secondary Legislation Only 50 Acts passed by parliament each year Acts give power to departments and ministers to introduce secondary legislation Statutory Instruments Codes Directives Some 5,000 passed each year Ultra Vires - acting beyond bestowed power can be challenged by judicial review Judicial Interpretation of Statutes Relatively Rare Supreme Court hears about 70 cases a year 90% interpretation of statutes Seen as the way to do it a model of good practice Authoritative and Compelling interpretation is for Judges and no one else only judges views count Governance in The UK Legislature Legislature Parliament Make law Executive Executive Government Implement the law Judiciary Judges Interpret the law Find law Don’t act for the crown Judicial Function To give force to the intention of parliament as expressed in the words of the Act Since Pepper v Hart judges can now use Hansard to aid interpretation To make decisions between disputing parties The courts Supreme 12 Supreme Court Justices Court of Appeal 32 Lord Justices of Appeal Criminal and Civil Division High Court 92 Justices or Puisine Judges Queens Bench, Family & Chancery Divisions  Crown Court Jury trial of indictable criminal offences County Court District Judges Magistrates Lay and Stipendiary Magistrates Hear 95% of cases Judicial Decisions The Common Law Works on a system of PRECEDENT or Stare Decisis Formulation of rules of law from decided cases that then guide future cases Case is a precedent case if Analogous - i.e. sameish, materially similar on facts and law Court has authority to lay precedent It has not been overruled by statute or Judicial Decision Weight of Precedent Can be Coercive Persuasive The decision of the judge that forms the authority is known as RATIO DECIDENI Judges also pass opinion in his speech known as OBITER DICTUM. This is always persuasive Essential Text Law and Professional Issues in Nursing Richard Griffith, Cassam Tengnah ISBN: 1844451607