module 3-law

Question 1

what are the 5 basic functions of the law

Answer 1

1. maintain order
2. solutions to conflicts
3. social change
   4.Outline and protect civil rights
4. Reflect and express norms and expectations

Question 2

what are the 4 sources of law

Answer 2

constitutional
statutory/legislative
administrative
common

Question 3

constitutional law

Answer 3

power of gov vs right of the people

Question 4

examples of constitutional law

Answer 4

charter of rights
freedom to vote

Question 5

Statutory/Legislative law

Answer 5

formal laws enacted by federal and provincial legislature

Question 6

examples of Statutory/Legislative law

Answer 6

non smoking
changes in medicare/medicaid

Question 7

common law

Answer 7

judicial system

Question 8

examples of administrative law

Answer 8

CRNM, school,
public health
social assistance

Question 9

what are the 2 branches of law

Answer 9

public
private/civil

Question 10

public law (ex)

Answer 10

fed. government presides over it
criminal law

Question 11

serious crimes

Answer 11

indictable offence
felonies

Question 12

minor crimes

Answer 12

summary offence
misdemeanour

Question 13

private/civil law

Answer 13

person’s legal rights and obligations that involve other people

Question 14

what are the 2 branches of private/civil law

Answer 14

tort and contract law

Question 15

example of contract law

Answer 15

nurse-client relationship

Question 16

tort

Answer 16

a wrong or injury that a person suffers because of someone else’s action either intentional or unintentional

Question 17

examples of unintentional torts

Answer 17

negligence and malpractice

Question 18

negligence

Answer 18

failure to provide the standard of care that is reasonable and falls below the standard of a reasonable and prudent nurse

Question 19

what are the 3 elements of negligence

Answer 19

duty to care
breach of standard
actual harm

Question 20

damages award

Answer 20

compensation for damages to plaintiff by the negligent defendant

Question 21

intentional tort

Answer 21

only need intention, harm is not required

Question 22

difference between assault and battery

Answer 22

assault- fear, threaten
battery- physical contact

Question 23

purpose of apology act

Answer 23

protect nurse, not admission of guilt
keep out of court

Question 24

regulated health professions act

Answer 24

umbrella legislation
-common legislation
-own regulation

Question 25

purpose of regulated health professions act (4)

Answer 25

protect/serve public
open/accountable
freedom of choice
improve quality of care

Question 26

direct vs vicarious liability

Answer 26

direct- responsible for own actions
vicarious- employer responsible

Question 27

good Samaritan protection act

Answer 27

“good Samaritan” not liable for damages

Question 28

inquiry

Answer 28

-no deaths occurred
-commissioner (judge)
-establish facts and make recommendations
-no legal power

Question 29

inquest

Answer 29

-minister of justice
-deaths occurred
-how did they die and prevention
-not place blame

Question 30

cannabis act

Answer 30

not <18 y
not >30g
nurses can administer
NP can prescribe

Question 31

libel

Answer 31

defamation by written words or images

Question 32

slander

Answer 32

speaking false and defamatory words

Question 33

defamation

Answer 33

one harms a person’s reputation by the communication of false, malicious, or harmful words

Question 34

fraud

Answer 34

A deliberate deception for the purpose of securing an unfair or unlawful gain

Question 35

law

Answer 35

rules that governs the behavior of people in relationships with others and with the government

Question 36

list of intentional torts (9)

Answer 36

fraud
invasion of privacy
assault
battery
false imprisonment
defamation
slander
libel
infliction of emotional distress

Question 37

inquest example (surgery)

Answer 37

pediatric cardiac surgery
multiple children died
surgeon was not competent

Question 38

Brian Sinclair inquest

Answer 38

died while waiting in ER from bladder infection