Legal and Ethical

Issues In Nursing
SIXTH EDITION

CHAPTER

Legal Concepts and

the Judicial Process

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

All Rights Reserved

Definition of Law
A set of rules or principles
Dynamic and fluid
Created by people and existing to
regulate all persons
All government branches have right to
create laws

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Table 1-1

Sources of Law

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Constitutional Law
System of fundamental laws or
principles
Basis of a governing system

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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United States Constitution

First three articles establish the powers
of the federal government:
Legislative branch
Executive branch
Judicial branch

continued on next slide

Legal and Ethical Issues in Nursing, Sixth Edition
Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

All Rights Reserved

United States Constitution

Bill of Rights limits federal government
Prevails over state and local law

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Statutory Laws
Made by legislature
Congress
State legislative bodies
City councils

Codes, collections of statutes, city

ordinances
Nursing licensure laws, statutes of
limitations, protective and reporting
laws, etc.
Legal and Ethical Issues in Nursing, Sixth Edition
Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Administrative Laws
Administrative agencies
Composed of persons with qualifications
and experience
Implement particular legislation
Create and enforce rules and
regulations

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Attorney General's Opinions

An interpretation of the law
Based on statutory and common law
principles
Type of administrative law
Binding until amended by statute,
regulation, or court order

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Judicial Laws
Made by courts
Interpret legal issues in dispute
Doctrine of precedent and landmark
cases
Res judicata

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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All Laws are Subject to Change

Constitution may be amended
Statutes may be amended, repealed,
expanded
Administrative bodies may be
dissolved, expanded, or redefined
Judicial law affected by new court
decisions

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

All Rights Reserved

Common Law
Derived from principles
Based on justice, reason, and common
sense

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Civil Law
Concerned with rights and duties of
private persons and citizens
Administered between private persons
Enforced through courts as damages
No fine or imprisonment is assessed

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Public Law
Concerned with the state in its political
capacity
Centered on the relationship of the
person to the state

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Criminal Law
Addresses conduct that is harmful or
offensive to society
Example of public law
Legal action brought by state, city, or
administrative bodies
Punishment ranges from fines to
imprisonment to execution

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Substantive Law
Defines the substance of the law
Classified into civil, administrative, and
criminal laws
Concerns the wrong, harm, or duty that
caused the lawsuit

Legal and Ethical Issues in Nursing, Sixth Edition

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Copyright 2014 by Pearson Education, Inc.

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Procedural Law
Governs the procedure to create,
implement, or enforce substantive law
Concerns the rights of the defendant

Legal and Ethical Issues in Nursing, Sixth Edition

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Due Process of Law

Protects rights to "life, liberty, or
property"
Applies to state actions, not those of
private citizens
Founded on principal of justice
Violated if laws operate unequally
among persons

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Equal Protection of the Law

Restricts state, not private, actions
Reasonable classifications of persons
must be treated similarly
Rules and regulations may not be
based on race, religion or gender

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Questions of Fact
Fact-finder weighs admissible evidence
Facts are determined by evidence
Fact-finders are final authority on
credibility of witnesses
Judge serves as fact-finder in trials
without a jury

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Questions of Law
Application or interpretation of laws
Determined by judge
Considers statues, rules and
regulations, prior court decisions, new
technology, and societal needs

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Jurisdiction
Power and authority to hear and
determine a judicial proceeding
Subject matter jurisdiction (res
jurisdiction)
Personal jurisdiction (in personam
jurisdiction)
Territorial jurisdiction

Legal and Ethical Issues in Nursing, Sixth Edition

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Overlapping or Concurrent
Jurisdiction
Frequently occurs in cases with multiple
defendants
Plaintiff's attorneys may advise an
optimal court

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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State Courts
Trial courts
Court of original jurisdiction

State appellate courts

Losing side may appeal

State supreme court

Final authority unless constitutional
right involved

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Federal Courts
District courts
Cases involve federal question

Courts of appeal (a.k.a. U.S. circuit

courts)
Correct errors made by trial courts

Supreme Court
Highest level and decisions are binding

Legal and Ethical Issues in Nursing, Sixth Edition

Ginny Wacker Guido

Copyright 2014 by Pearson Education, Inc.

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Statutes of Limitations
Procedural law time frames
Continuous treatment time frame
Discovery rule

Legal and Ethical Issues in Nursing, Sixth Edition

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Copyright 2014 by Pearson Education, Inc.

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