Week 3 Notes

Question 1

What is the definition of law?

Answer 1

Those rules which are recognised and enforced by courts.

Question 2

What is the purpose of law?

Answer 2

To maintain order in society and prevent anarchy.

Question 3

What are the 2 main values of law?

Answer 3

You are innocent until proven guilty

Everyone has the right to be heard in open court

Question 4

Why is Australian Law called “recieved” law?

Answer 4

Because it was “received” from the UK. Australian Law was founded in British Law.

Question 5

What is the Commonwealth Act?

Answer 5

The act that was passed in 1986 that allows Australia to make it;s own laws.

Question 6

Define criminal law

Answer 6

A system of law concerned with the punishment of sanctioned behaviour for major or minor offenses

Question 7

What is case law?

Answer 7

Common law or judge made law. Cases that the judge hears and decides the oucome. Future cases are then dealt with in the same manner.

Question 8

What is a statute?

Answer 8

The legislation of the land, made by parliament. Put forward by a bill then when passed become law.

Question 9

What is civil law?

Answer 9

Compensation, a plaintif suing a defendant.

Question 10

What tyoe of law is it in which the burden of evidence must be proven beyond a reasonable doubt?

Answer 10

Criminal Law

Question 11

What type of law requires the burden of proof to be determined on balance of probability?

Answer 11

Civil Law

Question 12

What is ratio decidendi?

Answer 12

The rationale for the judges decision. it is binding.

Question 13

What is obiter dicta?

Answer 13

The judges expression of an opinion that can be persuasive for a particular case but not binding.

Question 14

Which is the top level of court in Australia?

Answer 14

The High Court of Australia

Question 15

In whcih court would a treason trial be held?

Answer 15

The High Court of Australia

Question 16

In which court would a traffic infringement trial be held?

Answer 16

The Magistrates Court

Question 17

A jury is present in which type of trial?

Answer 17

Criminal

Question 18

What are the two main roles of the court?

Answer 18

Interpretation and application of law

Regulations used in interpretation

Question 19

Define the term “plaintiff”`

Answer 19

The entity or person bringing charges

Question 20

Define the term “defendant”

Answer 20

The person or entity defending the charges

Question 21

What is another word for defendant?

Answer 21

Respondent

Question 22

What is an appellant?

Answer 22

The party that is appealing the courts decision

Question 23

What is a tort?

Answer 23

A civil wrong which causes the claimant to suffer loss or harm resulting in legal liability for the person who commits the act.

Question 24

Name some intentional torts

Answer 24

Assault.
Battery.
False imprisonment.
Negligence.
Defamation.
Trespass- intentional interference with a person

Question 25

Define "assault"

Answer 25

Intentionally creating in the mind of another the apprehension of unwanted physical attention. Touching is not required, based on the victims perception and good intentions are not a defence.

Question 26

Define "battery"

Answer 26

Carrying out the act of assault, must be intentional and must involve the actual touching of the complainants body without consent

Question 27

Define "false imprisonment"

Answer 27

Being confined against ones will. Physical contact is not required and duration is not an issue. The criminal equivalent of the charge is deprivation of liberty

Question 28

Name some occasions a nurse would have the right to restrain or detain without consent

Answer 28

``` Involuntary psych patients Child protection Suspected or actual infectious diseases Protecting patient from injury Protecting other patients from harm Protect staff from harm ```

Question 29

What are some defenses againt false imprisonment claims?

Answer 29

Reasonable condition Lawful arrest Statutory right to detain Risk of harm to self or others

Question 30

Which principle does consent hold up?

Answer 30

Autonomy

Question 31

What are the 4 criteria for proving negligence?

Answer 31

Duty of care owed to plaintiff Dereliction of duty of care Damage suffered by plaintiff (physical, psychological harm or financial cost) Direct consequence of breaching duty of care and reasonable foreseeable

Question 32

Who in the law is your neighbour?

Answer 32

Persons who are closely affected by your act that you knew could be affected and those who you owe a duty of care.

Question 33

What is the thin skull rule?

Answer 33

The exception to reasonable foreseeability. Someone is entitled to full compensation if they are frailer than the average individual even though the consequences were not foreseeable. Eg. severe osteoporosis and you break someone's arm by taking a BP.

Question 34

What are some defenses to negligence?

Answer 34

No duty of care required No suffering or damage sustained Plaintiff contributed or consented to risk Time limitations (6 year statute in Australia) Voluntary assumption of risk Contributory negligence An intervening act

Question 35

What is the name of a mistake that causes the death of a patient?

Answer 35

Criminal negligence

Question 36

What is vicarious liability?

Answer 36

Employer is responsible for actions of employee therefore liable for negligent actions or omissions

Question 37

Name some forms of protection against negligence suits

Answer 37

Documentation Maintaining and recording a professional standard of care Documentation of patient care and outcomes of care

Question 38

Who is standard of care for RNs determined by?

Answer 38

``` Expert evidence of peers Statutory provisions Competencies of the RN Professional protocols, guidelines, policies Precedents set from previous court cases ```

Question 39

What is the other name for the civil liabilities act?

Answer 39

The Good Samaritan act

Question 40

Civil Liabilities Act (Good Samaritans Act) states you are negligent if:

Answer 40

It was foreseeable that the risks you took would easily result in harm or that not doing something would result in harm Risk was significant Reasonable person would have taken precautions to avoid harm but you didn’t

Question 41

Name some types of negligence

Answer 41

``` Failure to follow standards of care (in relation to scope of practice) Failure to use equipment safely Failure to communicate adequately Failure to document adequately Failure to assess and monitor adequately ```

Question 42

What are some tips for avoiding negligence?

Answer 42

Communicate regularly with colleagues, patients and family Do not be tempted to cut corners Remain within your scope of practice Follow the NMBA decision making guide Assess each patient individually Understand the standard of care and what will breach it Know what you are being asked to do and whether you are competent to do it Do not deliver treatment unsupervised if not confident to do so Clarify orders if you are unsure Always ask for help if you are unsure of anything Be aware of the risks associated with interventions and have a risk management plan

Question 43

Define "defamation"

Answer 43

Releasing false or misleading information about an individual that damages their interests.