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Assessments
Student : Tarunpreet Kaur - S1919557
Course : Diploma of Nursing
Course
Offer : 20VDONC2
Course
Unit : HLTENN008 Apply legal and ethical parameters to nursing
practice
Assessm
ent type : Theory Assessment
1. Define the following terms:
1.1
Ethics: Ethics is a division of philosophy that allows people to follow principles of
good conduct, differentiate it from bad conduct and lead into the right path of life.
1.2
Bioethics: Bioethics is referred to as the ethical concerns that arises in the field of
biology and medicine applied to healthcare(Tiegreen, 2020)
1.3
Nursing ethics: Ethics that are applied during the activities in nursing practice that
builds up a caring relationship between the patient and the nurse (Zahedi et al.,
2013).
Tiegreen, T. (2020).
What is bioethics. Practicalbioethics.org. Retrieved 8 March
2020, from https://practicalbioethics.org/what-is-bioethics.
Zahedi, F., Sanjari, M., Aala, M., Peymani, M., Aramesh, K., Parsapour, A., Maddah, S. B.,
Cheraghi, M., Mirzabeigi, G., Larijani, B., & Dastgerdi, M. V. (2013). The code of ethics
for nurses. Iranian journal of public health, 42(Supple1), 1–8.
2. Different ethical theories exist and theories can be applied
to different situations to inform our thinking and support
decision making. Describe the following theoretical concepts
related to ethical conduct (in 25-40 words each).
2.1

Consequentialism: An ethical theory that critiques right or wrong conduct based on
the consequences selection of an action increases good consequences based on
two principles- utilitarianism stating maximisation of human well-being and
hedonism stating maximisation of human desire.
2.2
Deontological (duty-based) ethics: Ethical theory that differentiates between right
and wrong with the help of rules or laws while performing their duty. It seems to
be appropriate for everyone’s intuition regarding right or wrong ethics. Duties
perfomed by following rules are ethical(Hurka, 2014).
Hurka, T. (2014). Sidgwick on Consequentialism and Deontology: A
Critique.
Utilitas,
26(2), 129-152.
3. You must use correct common legal terms associated with
nursing practice, and correctly interpret their meaning
irrespective of the area in which you are working. Describe
the following legal terms and types of law:
3.1
Civil law: Civil law is a subdivision of law indicating non-criminal conduct in the
legal system. It contains written documentation of codes applied to both citizens
and judges, and applies to financial compensation to individuals harmed by
nursing practice.
3.2
Common law: Common law is derived from unwritten set of laws founded on legal
precedents confirmed by courts and it affects the decision-making process in
unfamiliar cases where the outcome cannot be predicted based on the pre-existing
laws (Ppp.worldbank.org, 2020).
3.3
Statute law: statute laws is a form of written law that is confirmed by the national
or state legislature or the legislative entity that governs city’s legal units. It is
originated from decisions taken by courts and written constitution of a country.
3.4
Precedent: precedent is the authority that forms the rules or laws based on a case
that is followed by courts or legal bodies in decision making during later cases
similar to the former cases or issues (Cohen, 2014).
3.5
Law of torts: A tort is an action that causes harm or injury to a person and
accounts to civil wrong thereby leading to liability imposition by the court. Law of
torts are laws set to provide relief to victim and punishment to liable person, and
prevent others from committing such acts (LII / Legal Information Institute., 2020)
3.6
Negligence: It is an act of tort where a person fails to provide care based on ethics
that is expected during specific situations. The idea behind negligence is to avoid
foreseeable harm to person or property by showing reasonable care during their
conduct.
3.7
Assault: It is considered as a crime and tort that is done intentionally by physically
harming or threatening violently or unwanted physical touch upon a person
against legal system.
3.8
Battery: it is an offensive crime where a person conducts unlawful physical contact

or an intention to conduct physical contact upon another person by knowing that it
will be considered aggressive.
3.9
Legal capacity: it makes a person legally able or have power under law to engage
into a contract or a specific status or relationship with another person with their
consent.
3.10
Intellectual capacity: it is the ability of a person collect, compare and recollect
data to make decisions with the help of their understanding and soundness of
mind (Series, 2015).
3.11
Clinical incapacity: It is the ability of the healthcare professional to make decisions
about healthcare based on understanding of the welfare and risk related to a
planned healthcare, approach to alternatives and communicate the decisions
made.
3.12
False imprisonment: This occurs when an unauthorised person prevents or
restrains the movement of another within a boundary with the latter’s consent.
This act is considered as a crime and tort which can lead to punishment of the
person who committed the act.
3.13
Defamation: It is an act of crime or tort where a person gives a false statement
orally or in writing against another person thereby intentionally harming their
reputation and defaming their status (Turvey, 2018).
3.14
Vicarious liability: It is also known as imputed liability where an individual who has
superiority over another person but did not conduct any crime or harm is given a
liability for the crime conducted by the subordinate or that inferior person.
3.15
Defendant: A person who is accused of violating a law or committing a crime
before the criminal prosecution. Defendants can be criminal or civil and is
presented before the court after an arrest warrant (Phillips, 2015).
3.16
Plaintiff: plaintiff is the individuals who presents a lawsuit in the court to ask for
judicial remedy and when it turns out be successful, the judge produces the
judgment in favour of that individual.
3.17
Harassment: It is a range of behaviours that is offensive in nature shown by person
to humiliate and mortify another person and it characterised by its unreasonable
appearance which impairs the latter person from enjoying their rights.
3.18
Expert witness: a person who has enough knowledge and understanding about a
particular field that aid them in stating their views on facts in a case without being
partial under legal proceeding of the court.
3.19
Coronial inquests: A proceeding in the court to know the medical causes and
circumstances that led to the death of a person rather than to identify person
responsible for the death and it is different from civil or criminal proceeding
(Gotocourt.com.au, 2020).
Ppp.worldbank.org. (2020).
Key Features of Common Law or Civil Law Systems |

Public private partnership. Ppp.worldbank.org. Retrieved 9 March 2020, from
https://ppp.worldbank.org/public-private-partnership/legislation-regulation/
framework-assessment/legal-systems/common-vs-civil-law.
Cohen, H. G. (2014). Theorizing Precedent in International Law.
Interpretation in
International Law (Andrea Bianchi, Daniel Peat & Matthew Windsor, eds., Oxford
University Press, Forthcoming.
LII / Legal Information Institute. (2020).
Tort. LII / Legal Information Institute.
Retrieved 9 March 2020, from https://www.law.cornell.edu/wex/tort.
Series, L. (2015). Relationships, autonomy and legal capacity: Mental capacity and
support paradigms.
International journal of law and psychiatry,
40, 80-91.
Turvey, B. E. (2018). False Allegations: An Introduction. In
False
Allegations (pp. 1-19). Academic Press.
Phillips, L. (2015). Vicarious Liability on the Move.
Hong Kong LJ,
45, 29.
Gotocourt.com.au (2020).
Coronial inquests (Qld) – Go To Court Lawyers.
Gotocourt.com.au.
Retrieved 9 March 2020, from
https://www.gotocourt.com.au/civil-law/qld/coronial-inquests/
4. The Australian court hierarchy consists of a variety of
courts and tribunals. Describe the court system in Australia
(Australian court hierarchy).
The high court of Australia stands highest in the hierarchy of
Australian court having the ultimate power of federal jurisdiction
followed by federal courts including federal court and federal circuit
court of Australia, and Family court. State courts can also have the
power of federal jurisdiction. The supreme court of each state has
their own jurisdiction system within their boundary. The high court is
followed by the superior court having appellate jurisdiction system
where all matters including civil and criminal matters are considered.
Superior courts having trial jurisdiction system are known as the
supreme court. Intermediate court and inferior court falls under the
Australia’s federal circuit court where the former includes district
court and county court and the latter includes magistrate’s and local
court. The smallest and the lowest in the hierarchy is the Quasi-
judicial tribunal which includes administrative and magistrate’s court
for small issues (State Library of NSW, 2020).
State Library of NSW. (2020).
Jurisdiction and hierarchy of courts.