Yoder-Wise's Leading and Managing in Canadian Nursing 3rd Edition Yoder-
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Chapter 07: Legal Concerns in Nursing Leadership and Management
Waddell/Walton: Yoder-
Wise’s Leading and Managing in Canadian Nursing, Third Edition
MULTIPLE CHOICE
Which province in Canada does not have a set of common laws?
British Columbia.
Ontario.
Quebec.
Newfoundland.
ANS: C
Canada‘s common law system is derived from the English common law system. The syst
e m is structured with courts that have different levels of authority. Moreover, the decisio
n s of higher courts govern those of lower courts, and decisions of courts at the same lev
el are governed by consistency in subsequent rulings on similar matters. Quebec‘s legal s
y stem is slightly different from those of the rest of Canada, and most of its provincial la
w s are limited to and contained within a single written civil code based on the French ci
vi l code.
Quebec does not have a set of common laws like the rest of Canada, and court decision
s related to Quebec provincial laws are often restricted to how courts interpret the civil c
ode.
DIF: Cognitive Level: Understand REF:
Page 123 TOP:
Nursing Process: Assessment
2. Which of the following has the highest standard of proof associated with it?
a. Common law.
b. Criminal law.
c. Negligence law.
d. Malpractice law
.
ANS: B
The standard of proof of criminal actions is higher than that of actions involving other l
iability, and penalty options in criminal sanctions generally include jail time. In criminal
law, people are presumed to be innocent until proven guilty.
DIF: Cognitive Level: Understand REF: Pages 125-
126 TOP:
Nursing Process: Assessment
Athena, a registered nurse (RN), has been operating an abortion clinic in one of the city
‘s impoverished neighbourhoods. Athena is at risk for professional sanctions involving
w hich behaviour?
Negligence.
Misconduct.
Incompetence.
Conduct unbecoming a member of the profession
,. ANS: D
, Yoder-Wise's Leading and Managing in Canadian Nursing 3rd Edition Yoder-
vb vb vb vb vb vb vb vb vb
Professional sanctions and disciplinary actions generally arise from three unacceptable be
haviours: (1) misconduct, (2) incompetence, and (3) conduct unbecoming a member of th
e profession. Misconduct is unacceptable behaviour within the scope of the profession‘s p
ractice; incompetence is a failure to meet minimum generally accepted standards; and con
duct unbecoming a member of the profession is behaviour outside a profession‘s practice t
hat may bring the profession into disrepute. Because Athena is practising outside the sco
pe of her RN practice, she is at risk for sanctions involving conduct unbecoming a memb
er of the profession.
DIF: Cognitive Level: Analyze REF:
Page 126 TOP:
Nursing Process: Assessment
A person in a wheelchair is applying for the position of receptionist in an outpatient clin
ic. The nurse manager understands that the Canadian Charter of Rights and Freedoms (
1982) requires that employers:
Make reasonable accommodations for persons who are disabled.
Allow modified job expectations for persons recovering from alcoholism.
Hire disabled individuals before hiring other qualified, nondisabled persons.
For purposes of employment, treat homosexuals and bisexuals as disabled.
ANS: A
The Canadian Charter of Rights and Freedoms (1982) outlines many of the provisions that p
r ohibit discrimination in the workplace on the basis of national origin or ethnicity, race, relig
i on, age, colour, gender, sexual orientation, or mental or physical disability.
DIF: Cognitive Level: Understand REF:
Page 135 TOP:
Nursing Process: ImNpUleRmSenItaNtiGonTB.COM
A staff nurse who was fired for reporting client abuse to the appropriate state agency file
a whistle-
blower lawsuit against the former employer. Reasons that the court would use in uphold
ing a valid whistle-blower suit claiming retaliation include which of the following?
The nurse had previously reported the complaint, in writing, to hospi
t al administration.
The nurse had threatened to give full details of the client abuse to local m
e dia sources.
The nurse was discharged after three unsuccessful attempts at progressi
v e discipline had failed.
The nurse had organized, before filing the complaint, a work stoppage actio
n by fellow employees.
ANS: A
An employer cannot fire an employee who, in good faith, reports what is believed to be a
violation of a law, rule, or state or federal law. Nurses may be affected by a variety of la
ws that require reporting, and many statutes provide provisions to protect whistle-
blowers from reprisals or retaliatory actions by employers or others as a result of the repo
rting. The intent is to advance the protection of the public and those who take action to s a
feguard it.
DIF: Cognitive Level: Understand REF:
Page 128 TOP:
Nursing Process: Implementation
vb vb vb vb vb vb vb vb vb
Chapter 07: Legal Concerns in Nursing Leadership and Management
Waddell/Walton: Yoder-
Wise’s Leading and Managing in Canadian Nursing, Third Edition
MULTIPLE CHOICE
Which province in Canada does not have a set of common laws?
British Columbia.
Ontario.
Quebec.
Newfoundland.
ANS: C
Canada‘s common law system is derived from the English common law system. The syst
e m is structured with courts that have different levels of authority. Moreover, the decisio
n s of higher courts govern those of lower courts, and decisions of courts at the same lev
el are governed by consistency in subsequent rulings on similar matters. Quebec‘s legal s
y stem is slightly different from those of the rest of Canada, and most of its provincial la
w s are limited to and contained within a single written civil code based on the French ci
vi l code.
Quebec does not have a set of common laws like the rest of Canada, and court decision
s related to Quebec provincial laws are often restricted to how courts interpret the civil c
ode.
DIF: Cognitive Level: Understand REF:
Page 123 TOP:
Nursing Process: Assessment
2. Which of the following has the highest standard of proof associated with it?
a. Common law.
b. Criminal law.
c. Negligence law.
d. Malpractice law
.
ANS: B
The standard of proof of criminal actions is higher than that of actions involving other l
iability, and penalty options in criminal sanctions generally include jail time. In criminal
law, people are presumed to be innocent until proven guilty.
DIF: Cognitive Level: Understand REF: Pages 125-
126 TOP:
Nursing Process: Assessment
Athena, a registered nurse (RN), has been operating an abortion clinic in one of the city
‘s impoverished neighbourhoods. Athena is at risk for professional sanctions involving
w hich behaviour?
Negligence.
Misconduct.
Incompetence.
Conduct unbecoming a member of the profession
,. ANS: D
, Yoder-Wise's Leading and Managing in Canadian Nursing 3rd Edition Yoder-
vb vb vb vb vb vb vb vb vb
Professional sanctions and disciplinary actions generally arise from three unacceptable be
haviours: (1) misconduct, (2) incompetence, and (3) conduct unbecoming a member of th
e profession. Misconduct is unacceptable behaviour within the scope of the profession‘s p
ractice; incompetence is a failure to meet minimum generally accepted standards; and con
duct unbecoming a member of the profession is behaviour outside a profession‘s practice t
hat may bring the profession into disrepute. Because Athena is practising outside the sco
pe of her RN practice, she is at risk for sanctions involving conduct unbecoming a memb
er of the profession.
DIF: Cognitive Level: Analyze REF:
Page 126 TOP:
Nursing Process: Assessment
A person in a wheelchair is applying for the position of receptionist in an outpatient clin
ic. The nurse manager understands that the Canadian Charter of Rights and Freedoms (
1982) requires that employers:
Make reasonable accommodations for persons who are disabled.
Allow modified job expectations for persons recovering from alcoholism.
Hire disabled individuals before hiring other qualified, nondisabled persons.
For purposes of employment, treat homosexuals and bisexuals as disabled.
ANS: A
The Canadian Charter of Rights and Freedoms (1982) outlines many of the provisions that p
r ohibit discrimination in the workplace on the basis of national origin or ethnicity, race, relig
i on, age, colour, gender, sexual orientation, or mental or physical disability.
DIF: Cognitive Level: Understand REF:
Page 135 TOP:
Nursing Process: ImNpUleRmSenItaNtiGonTB.COM
A staff nurse who was fired for reporting client abuse to the appropriate state agency file
a whistle-
blower lawsuit against the former employer. Reasons that the court would use in uphold
ing a valid whistle-blower suit claiming retaliation include which of the following?
The nurse had previously reported the complaint, in writing, to hospi
t al administration.
The nurse had threatened to give full details of the client abuse to local m
e dia sources.
The nurse was discharged after three unsuccessful attempts at progressi
v e discipline had failed.
The nurse had organized, before filing the complaint, a work stoppage actio
n by fellow employees.
ANS: A
An employer cannot fire an employee who, in good faith, reports what is believed to be a
violation of a law, rule, or state or federal law. Nurses may be affected by a variety of la
ws that require reporting, and many statutes provide provisions to protect whistle-
blowers from reprisals or retaliatory actions by employers or others as a result of the repo
rting. The intent is to advance the protection of the public and those who take action to s a
feguard it.
DIF: Cognitive Level: Understand REF:
Page 128 TOP:
Nursing Process: Implementation
