Ethical and Legal Issues in Canadian Nursing 4th Edition Keatings Test Bank
Chapter 04: The Canadian Legal System
Keatings: Ethical & Legal Issues in Canadian Nursing, 4th Edition
MULTIPLE CHOICE
1. When a legal decision is being made, which of the following source of common law has the
highest degree of authority?
a.
Doctrine
b.
Case law
c.
Statute law and regulations
d.
Custom
ANS: C
Feedback
A Incorrect—Doctrine, the opinion of a legal expert, does not have the highest
degree of authority.
B Incorrect—Case law is dependent on the level of the court that renders the
decision and does not have the highest degree of authority.
C Correct! Statute law and regulations are the most authoritative source of
common law.
D Incorrect—Custom has the lowest level of authority and is used only when there
is a complete absence of guidance from other sources.
DIF: Cognitive level: Synthesis
N R SI NGT B. C OM
2. Which of the following is be inUg do n e b y a ju d ge w h en attempting to
determine negligence by applying principles from previous precedents and elaborating on
them before making a decision?
a.
Naming a litigant
b.
Developing common law
c.
Developing civil law
d.
Preparing the case for the superior court
ANS: B
Feedback
A Incorrect—This does not describe what this judge is doing. A litigant is a party
to a lawsuit.
B Correct! Centuries of judgements, precedents, and previous cases all build on
each other to form common law. The judge in this example is developing
common law.
C Incorrect—This does not describe what this judge is doing. Civil law uses a civil
code to guide all decisions.
D Incorrect—This is not applicable.
DIF: Cognitive level: Analysis
3. Which of the following statements accurately describes statute law?
NURSINGTB.C
, Ethical and Legal Issues in Canadian Nursing 4th Edition Keatings Test Bank
a.
A set of reasons for a decision in a particular case based on decisions made in
previous cases
b.
A formal written set of rules passed by a legislative body
c.
The absence of specific and applicable legal principles
d.
A system of rules and doctrines developed over time
ANS: B
Feedback
A Incorrect—This statement describes case law, not statute law. Case law is a body
of precedent that contains rules, definitions of legal concepts, and legal
principles fashioned by judges over time.
B Correct! Statute law is a formal written set of rules passed by Parliament or other
legislative body to regulate a particular area, such as Ontario’s Regulated Health
Professions Act (1991), which regulates all of the health care professions in
Ontario.
C Incorrect—This statement describes custom, not statute law. Custom means that
in the absence of specific and applicable legal principles in case law, statutes, or
doctrine, the courts will be guided by the longstanding practices of a particular
industry, trade, or other endeavour.
D Incorrect—This statement describes common law, not statute law.
DIF: Cognitive level: Knowledge
4. Which of the following statements regarding the priority of a regulation is accurate?
a.
An act is inferior to the regulation from which it flows.
b.
The
guregulation
id e linis conside
e . Nre d Ra .COM
S I NG TB U
c.
A regulation is known as “subordinate legislation.”
d.
A regulation is known as “inordinate legislation.”
ANS: C
Feedback
A Incorrect—This is not an accurate statement.
B Incorrect—This is not an accurate statement. Regulations are more than a
guideline, and they have the same force of law as statutes or acts.
C Correct! A regulation is additional legislative detail written to assist in
explaining a statute or act and its application. Thus, regulations are known as
“subordinate legislation,” and the regulation is inferior to the act from which the
regulation flows; the statute takes priority.
D Incorrect—“Inordinate” means excessive, or disorderly, and is irrelevant with
regard to regulations and legislation.
DIF: Cognitive level: Application
5. Which of the following is the most accurate description of jurisprudence in the Quebec legal
system?
a.
A body of precedent in Canadian common law that is superior to the civil code
b.
A body of precedent in Quebec common law that is superior to the civil code
c.
A body of precedent in the Canadian civil system that is inferior to the civil code
NURSINGTB.C
Chapter 04: The Canadian Legal System
Keatings: Ethical & Legal Issues in Canadian Nursing, 4th Edition
MULTIPLE CHOICE
1. When a legal decision is being made, which of the following source of common law has the
highest degree of authority?
a.
Doctrine
b.
Case law
c.
Statute law and regulations
d.
Custom
ANS: C
Feedback
A Incorrect—Doctrine, the opinion of a legal expert, does not have the highest
degree of authority.
B Incorrect—Case law is dependent on the level of the court that renders the
decision and does not have the highest degree of authority.
C Correct! Statute law and regulations are the most authoritative source of
common law.
D Incorrect—Custom has the lowest level of authority and is used only when there
is a complete absence of guidance from other sources.
DIF: Cognitive level: Synthesis
N R SI NGT B. C OM
2. Which of the following is be inUg do n e b y a ju d ge w h en attempting to
determine negligence by applying principles from previous precedents and elaborating on
them before making a decision?
a.
Naming a litigant
b.
Developing common law
c.
Developing civil law
d.
Preparing the case for the superior court
ANS: B
Feedback
A Incorrect—This does not describe what this judge is doing. A litigant is a party
to a lawsuit.
B Correct! Centuries of judgements, precedents, and previous cases all build on
each other to form common law. The judge in this example is developing
common law.
C Incorrect—This does not describe what this judge is doing. Civil law uses a civil
code to guide all decisions.
D Incorrect—This is not applicable.
DIF: Cognitive level: Analysis
3. Which of the following statements accurately describes statute law?
NURSINGTB.C
, Ethical and Legal Issues in Canadian Nursing 4th Edition Keatings Test Bank
a.
A set of reasons for a decision in a particular case based on decisions made in
previous cases
b.
A formal written set of rules passed by a legislative body
c.
The absence of specific and applicable legal principles
d.
A system of rules and doctrines developed over time
ANS: B
Feedback
A Incorrect—This statement describes case law, not statute law. Case law is a body
of precedent that contains rules, definitions of legal concepts, and legal
principles fashioned by judges over time.
B Correct! Statute law is a formal written set of rules passed by Parliament or other
legislative body to regulate a particular area, such as Ontario’s Regulated Health
Professions Act (1991), which regulates all of the health care professions in
Ontario.
C Incorrect—This statement describes custom, not statute law. Custom means that
in the absence of specific and applicable legal principles in case law, statutes, or
doctrine, the courts will be guided by the longstanding practices of a particular
industry, trade, or other endeavour.
D Incorrect—This statement describes common law, not statute law.
DIF: Cognitive level: Knowledge
4. Which of the following statements regarding the priority of a regulation is accurate?
a.
An act is inferior to the regulation from which it flows.
b.
The
guregulation
id e linis conside
e . Nre d Ra .COM
S I NG TB U
c.
A regulation is known as “subordinate legislation.”
d.
A regulation is known as “inordinate legislation.”
ANS: C
Feedback
A Incorrect—This is not an accurate statement.
B Incorrect—This is not an accurate statement. Regulations are more than a
guideline, and they have the same force of law as statutes or acts.
C Correct! A regulation is additional legislative detail written to assist in
explaining a statute or act and its application. Thus, regulations are known as
“subordinate legislation,” and the regulation is inferior to the act from which the
regulation flows; the statute takes priority.
D Incorrect—“Inordinate” means excessive, or disorderly, and is irrelevant with
regard to regulations and legislation.
DIF: Cognitive level: Application
5. Which of the following is the most accurate description of jurisprudence in the Quebec legal
system?
a.
A body of precedent in Canadian common law that is superior to the civil code
b.
A body of precedent in Quebec common law that is superior to the civil code
c.
A body of precedent in the Canadian civil system that is inferior to the civil code
NURSINGTB.C
