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chap 1 ethics
the legal environment
15
Nursing
Graduate
01/29/2018

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Term
law
Definition
a body of rules of action or conduct prescribed that is enforced by binding legal authority, or the sum total of rules and regulations by which society is governed.  reflection of society's values and is subject to modification (Westrick, 2014)
Term
Constitutional law
Definition
the organizational framework of a system of laws or principles that govern a nation, system, corporation or other organization.  The U.S. Constitution and its amendments is the supreme law of the United States. (Westrick, 2014)
Term
statute
Definition
written laws that are enacted by the legislative branch of the governement, which are available in writing.  the Nurse Practice Act is an example of a statutory law available for review. (Westrick, 2014)
Term
statutory law
Definition

rules and regulations known as statutes created by state and federal legislators which are designed to maintain social order and protect individual rights (Westrick, 2014). 

 

Term
administrative law
Definition
laws created by legislatively empowered adminsitrative agencies which govern the area of their expertise such as state board of nursing.  attorney generals' opinions are another source of administrative law. (Westrick, 2014)
Term
common law or case law
Definition
law that is the result of judicial decisions made from disputes that arise and are decided in courts of law.  can be an important source of guidance as it serves as legal precedent in the jurisdiction where the decision was made. courts may look to case law for guidance in similar situations even if it is outside of their jurisdiction.
Term
procedural laws
Definition
e.g. evidence and jurisdictional laws, prescribe the manner in which rights and responsibilities are exercised and enforced in court. rules of civil procedure that seek to maintain an orderly and fair progression of a lawsuit, from filing to dismissal.  (Westrick, 2014)
Term
substantive law
Definition
the actual law under which the claim or lawsuit is brought. (Westrick, 2014)
Term
procedural due process
Definition
applies when a citizen has been deprived of a life, liberty or property interest.  the person is entitled to be heard in a proceeding and must be notified of such a right before the deprivation. (Westrick, 2014)
Term
substantive due process
Definition
requires fair legislation that should be reasonable in context as well as application. no one should be unreasonably or arbitrarily deprived of life, liberty or property (Westrick, 2014)
Term
plaintiff
Definition
the person who brings a lawsuit and files a complaint outlining allegations against one of more defendants (Westrick, 2014)
Term
discovery
Definition
period of investigation allowing parties representing the defendant and plaintiff to gather information and make official statements about the facts surrounding the incident in question. (Westrick, 2014)
Term
depositions
Definition
sworn statements which may be made in the presence of a court reporter and preserves the evidence for later use at a trial. (Westrick, 2014)
Term
mediator
Definition
impartial party who meets with the parties and attempts to have each understand the other party's views. (Westrick, 2014)
Term
arbitrator
Definition
a neutral party who is sometimes an attorney, hears both sides of the dispute in a more informal proceeding where witnesses can be heard and questioned and whose judgement will be legally binding.  (Westrick, 2014)
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