Professional Documents
Culture Documents
Issues In Nursing
SIXTH EDITION
CHAPTER
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
Table 1-1
Sources of Law
Constitutional Law
System of fundamental laws or
principles
Basis of a governing system
Statutory Laws
Made by legislature
Congress
State legislative bodies
City councils
Administrative Laws
Administrative agencies
Composed of persons with qualifications
and experience
Implement particular legislation
Create and enforce rules and
regulations
Judicial Laws
Made by courts
Interpret legal issues in dispute
Doctrine of precedent and landmark
cases
Res judicata
Common Law
Derived from principles
Based on justice, reason, and common
sense
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
Public Law
Concerned with the state in its political
capacity
Centered on the relationship of the
person to the state
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
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
Procedural Law
Governs the procedure to create,
implement, or enforce substantive law
Concerns the rights of the defendant
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
Questions of Law
Application or interpretation of laws
Determined by judge
Considers statues, rules and
regulations, prior court decisions, new
technology, and societal needs
Jurisdiction
Power and authority to hear and
determine a judicial proceeding
Subject matter jurisdiction (res
jurisdiction)
Personal jurisdiction (in personam
jurisdiction)
Territorial jurisdiction
Overlapping or Concurrent
Jurisdiction
Frequently occurs in cases with multiple
defendants
Plaintiff's attorneys may advise an
optimal court
State Courts
Trial courts
Court of original jurisdiction
Federal Courts
District courts
Cases involve federal question
Supreme Court
Highest level and decisions are binding
Statutes of Limitations
Procedural law time frames
Continuous treatment time frame
Discovery rule