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Nursing & the law 2010


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Nursing & the law 2010

  1. 1. The LawUnderstanding law n 2 levels nCreating some order in society by the evolution of rules, mores, & customs nConsiders the nature of society, of “right”, “justice”, “common good” – this study of the law, & of philosophical & sociological perceptions is jurisprudence2nd level nLawyers involved nSubstantive law – content of laws nProcedural law – mechanics of making & enforcing law Classifications of Law
  2. 2. Substantive Law n Civil Law nAdministrative Law nContract Law nCommercial Law nFamily Law nHealth Law nIndustrial Law nTort Law n Criminal Law nCriminal Codes Distinction between civil & criminal law nNot the nature of the wrongful act but the legal consequences that follow it Procedural LawProcedural Rules nCivil Procedure
  3. 3. nCriminal ProcedureRules of Court nHigh Court Rules nDistrict Court RulesNatural law nFundamental source of law is nature nThis source is higher & more binding than any laws made by humans nUnderlies much of Western world’s legal policy (human rights) (right to be heard in own defence before being punished)Legal systems nCommon law nDeveloped in feudal UK – law “common” to the people nCivil law nSystem in Europe derived from French
  4. 4. or RomannLaw enshrined in statutesnJudiciary seeks facts/investigates – lawyers are assistants to Judge, not advocates for the partySources of law in NZnLaws made by recognised authority – legislationnDocuments setting out obligations, rights, penalties, proceduresnMade by the NZ ParliamentnLaws passed as statutes (Acts of Parliament)nMost effective way of making lawLaw developed by Courts– common lawnAuthority of law based on acceptance
  5. 5. of a principle, rule or standard of behaviour from someone in authority nCourt is bound by legal principles established by Courts with higher standing nUsed when legislation does not cover current situation before the Court nJudge looks at cases with similar fact situations – new law then developed for future situations – common law adapts to a changing societyBasic principles of legalsystem nNatural law principles – concept underlying human rights nRule of law – person only be found guilty of a criminal offence that existed at the time it was allegedly committed; executive branch of govt. subject to law,
  6. 6. therefore citizens are protected from arbitrary action by the public service & govt bodiesBasic principles of legalsystem nPresumption of innocence innocent until proven guilty nNZ Bill of Rights Act 1990 affirms, protects and promotes human rights & fundamental freedoms in NZ nTOW Statutory provisions in Acts that provide that the Act is to be administered & interpreted to give direct legislative force of obligations to TOW nTOW considered “the most impt
  7. 7. document in NZ hx”TasknWork in pairsnChoose one aspect of substantive lawnFind a definitionnDescribe in your own wordsnDiscuss how this aspect of the law impacts nursing practicenReport back to group