NUSC 3P20 - Final Exam questions with
complete solutions
Functions and relationships of law - correct answer ✔✔Basic functions:
- Defines
- Describes
- Provides solutions
- Redefines
Relationships to ethics
- Ethics = oughtness
- Law = must do
- Not always congruent
Sources of law - correct answer ✔✔Constitutional, statutory (legislative), administrative,
common law
Constitutional - correct answer ✔✔- Democracy foundation
- Charter of Rights and Freedoms
Statutory - correct answer ✔✔- Statutes
- Acts
- Regulations
Administrative Law - correct answer ✔✔Disciplinary processes and sanctions by a professional
association
,Common Law - correct answer ✔✔Derived from custom and judicial precedent rather than
statutes
Practice Standards - correct answer ✔✔Written statements that detail what nurses are
responsible for
What is a controlled act? - correct answer ✔✔Act that may be harmful if performed by an
unqualified person
What are 2 types of law - correct answer ✔✔- Public
- Private (civil)
What is a tort - correct answer ✔✔Must involve a wrong someone has suffered because of the
actions of somebody else
- Injury or wrong: battery, neglect
- Intentional: you want to harm someone else
- Nonintentional: you can be sued even if it's unintentional
- Compensation: only provided to victims
What is an intentional tort - correct answer ✔✔Statement with intent to damage the reputation
of the person to which it refers
ex. defamation, battery, and assault
Requirements for defamation - correct answer ✔✔Must be:
- Verbal (slander)
- Published (libel)
- Third party
, - Specific
- Successful suit
- Importance of accuracy
- Protects against reputation
A defamation suit is successful if - correct answer ✔✔1) the meaning of the communication is
defamatory even if the intent was not
2) the message is false or unfounded; truth is a complete defense to defamation
3) communication must have been heard or seen by a third party
Battery and consent - correct answer ✔✔Willfully bringing harm or offensive, and non-
consensual contact on another
Consent: written consent is not consent in and of itself, but only a record that the patient did
consent
Assault - correct answer ✔✔You don't actually have to touch the person
Perception that you are going to bring harm to them; i.e. raising your and to slap someone, but
not actually slapping them.
Non-intentional tort [negligence] - correct answer ✔✔4 Conditions must be met:
1) duty of care and a standard of care that is expected. The defendant must owe a duty of care
to the plaintiff. This means that you must have a relationship with that client that involves
providing care.
2) Breach of duty: duty of care is compromised - you failed to act in a reasonable and prudent
way. Did you behave in a way a competent nurse would?
3) Harm: if there is no evidence of harm, there is not suit. Patient must have suffered damage in
some way. Can be medical injury, medical cost, lost of wages.
4) Causation: the harm must directly come from the nurse's failure to follow the standard of
care, but also, the nurse should/could/must have known that the failure would result in harm
complete solutions
Functions and relationships of law - correct answer ✔✔Basic functions:
- Defines
- Describes
- Provides solutions
- Redefines
Relationships to ethics
- Ethics = oughtness
- Law = must do
- Not always congruent
Sources of law - correct answer ✔✔Constitutional, statutory (legislative), administrative,
common law
Constitutional - correct answer ✔✔- Democracy foundation
- Charter of Rights and Freedoms
Statutory - correct answer ✔✔- Statutes
- Acts
- Regulations
Administrative Law - correct answer ✔✔Disciplinary processes and sanctions by a professional
association
,Common Law - correct answer ✔✔Derived from custom and judicial precedent rather than
statutes
Practice Standards - correct answer ✔✔Written statements that detail what nurses are
responsible for
What is a controlled act? - correct answer ✔✔Act that may be harmful if performed by an
unqualified person
What are 2 types of law - correct answer ✔✔- Public
- Private (civil)
What is a tort - correct answer ✔✔Must involve a wrong someone has suffered because of the
actions of somebody else
- Injury or wrong: battery, neglect
- Intentional: you want to harm someone else
- Nonintentional: you can be sued even if it's unintentional
- Compensation: only provided to victims
What is an intentional tort - correct answer ✔✔Statement with intent to damage the reputation
of the person to which it refers
ex. defamation, battery, and assault
Requirements for defamation - correct answer ✔✔Must be:
- Verbal (slander)
- Published (libel)
- Third party
, - Specific
- Successful suit
- Importance of accuracy
- Protects against reputation
A defamation suit is successful if - correct answer ✔✔1) the meaning of the communication is
defamatory even if the intent was not
2) the message is false or unfounded; truth is a complete defense to defamation
3) communication must have been heard or seen by a third party
Battery and consent - correct answer ✔✔Willfully bringing harm or offensive, and non-
consensual contact on another
Consent: written consent is not consent in and of itself, but only a record that the patient did
consent
Assault - correct answer ✔✔You don't actually have to touch the person
Perception that you are going to bring harm to them; i.e. raising your and to slap someone, but
not actually slapping them.
Non-intentional tort [negligence] - correct answer ✔✔4 Conditions must be met:
1) duty of care and a standard of care that is expected. The defendant must owe a duty of care
to the plaintiff. This means that you must have a relationship with that client that involves
providing care.
2) Breach of duty: duty of care is compromised - you failed to act in a reasonable and prudent
way. Did you behave in a way a competent nurse would?
3) Harm: if there is no evidence of harm, there is not suit. Patient must have suffered damage in
some way. Can be medical injury, medical cost, lost of wages.
4) Causation: the harm must directly come from the nurse's failure to follow the standard of
care, but also, the nurse should/could/must have known that the failure would result in harm
