Ethical Legal Issues Canadian Nursing 3rd Edition by neial B.Smith-Test Bank
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Sample
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Keatings: Ethical and Legal Issues in Canadian Nursing, 3rd Edition
Chapter 3: Ethics Resources for Nurses
Test Bank
MULTIPLE CHOICE
1. Which
of the following was a focus of codes of ethics during earlier nursing times?
|
a. |
Professional standards |
|
b. |
Practice standards |
|
c. |
The scope of practice
standards |
|
d. |
The virtue and morality of
nurses |
ANS: D
Correct D: The virtue, character, and morality of nurses were
the focus of early nursing codes of ethics, in addition to key principles that
guided nursing practice.
Incorrect A: Professional standards have evolved in the current
Code; they were not a focus of historical codes of ethics.
Incorrect B: Practice standards were not a part of historical
codes of ethics and are not part of the modern Code. Practice standards set out
requirements related to specific aspects of registered nurses’ practice.
Incorrect C: The scope of practice standards were not a part of
historical codes of ethics and are not part of the modern Code. Scope of
practice standards articulate standards, limits, and conditions related to the
scope of practice of registered nurses and nurse practitioners.
DIF: Cognitive level:
Comprehension REF: p. 62
2. Which
of the following is true of the Canadian Nurses Association’s Code of Ethics for Registered Nurses?
|
a. |
It offers suggestions on
resolving routine practice issues. |
|
b. |
It contains a dispute
resolution mechanism. |
|
c. |
It offers a framework and
guide for ethical practice. |
|
d. |
It is closely aligned with
the physician’s code of ethics. |
ANS: C
Correct C: The Code contains nursing values and ethical
responsibilities, as well as ethical endeavours, all of which guide and frame
ethical reflection and decision making in nursing practice.
Incorrect A: Practice issues are not discussed in the Code;
these are regulatory body issues.
Incorrect B: Dispute resolution mechanisms are part of a collective
agreement, not a code of ethics.
Incorrect D: There may be similarities between the two codes
because they are both informed by ethical principles; however, there is no
alignment between these two codes.
DIF: Cognitive level: Application
REF: p. 63
3. Which
primary value from the CNA Code
of Ethics is being followed by a nurse who intervenes to
address an unsafe nursing practice?
|
a. |
Being accountable |
|
b. |
Providing safe,
compassionate, competent, and ethical care |
|
c. |
Promoting justice |
|
d. |
Promoting health and
well-being |
ANS: B
Correct B: Nurses question and intervene to address unsafe,
noncompassionate, unethical, or incompetent practice or conditions that
interfere with their ability to provide safe, compassionate, competent, and
ethical care.
Incorrect A: Nurses are accountable for their actions and
answerable for their practice, but this is not directly related to the
situation mentioned above.
Incorrect C: Nurses uphold justice by safeguarding human rights,
equality, and fairness and by promoting the public good, but this is not
directly related to the situation mentioned above.
Incorrect D: Nurses help people attain their highest possible
level of health and well-being, but this is not directly related to the
situation mentioned above.
DIF: Cognitive level:
Application
REF: p. 64
4. Which
primary ethical nursing value is being followed by a nurse who respects the
wishes of a patient to decline to receive information about her health
condition?
|
a. |
Promoting and respecting
informed decision making |
|
b. |
Preserving dignity |
|
c. |
Being accountable |
|
d. |
Promoting health and
well-being |
ANS: A
Correct A: Nurses promote autonomy and self-determination in
patients, allowing them to make their own choices.
Incorrect B: Nurses recognize and respect the intrinsic worth of
each person, but this is not directly related to the patient’s decision making.
Incorrect C: Nurses are individually accountable for their own
practice, but this does not have a direct impact on the decisions of the
patient.
Incorrect D: Nurses help people attain their highest possible
level of health and well-being. This is an important aspect of a patient’s
decision making; however, it does not directly involve patient autonomy.
DIF: Cognitive level:
Application
REF: p. 67
5. Which
of the following statements best describes the “ethical responsibilities” in
the CNA Code of
Ethics?
|
a. |
Ethical responsibility
deals with ethical endeavours. |
|
b. |
Nurses’ ethical
responsibilities are informed by seven primary values. |
|
c. |
Social justice must be
addressed consistently. |
|
d. |
Primary nursing values
outline caring responsibilities. |
ANS: B
Correct B: The seven primary values in Part I of the Code inform
nurses’ ethical responsibilities, which help guide nurses’ decision making.
Incorrect A: Ethical endeavours describe approaches nurses may
take to address broader societal inequalities, but they are not directly linked
with nurses’ ethical responsibilities.
Incorrect C: Broader societal inequalities may be addressed by
approaches promoted by the Code’s ethical endeavours, but this statement is not
a description of ethical responsibilities.
Incorrect D: Primary nursing values, which include ethical
responsibilities, do not strictly outline these responsibilities.
DIF: Cognitive level:
Comprehension REF: p. 63
6. Which
of the following rationales explains the development of the ethical endeavours
section of the CNA Code
of Ethics?
|
a. |
Nurses are expanding their
advocacy role. |
|
b. |
Canadians have become more
diverse and have different health care needs. |
|
c. |
Nurses work with more
“English as a second language” clients. |
|
d. |
Health resources are
increasingly scarce. |
ANS: B
Correct B: Canadians have become more diverse and have different
health care needs. Nurses today work with the homeless, within the military,
and with new immigrants to Canada. Increased numbers of immigrants, for
instance, are at risk of deteriorating health as part of the transition to
living in Canadian society.
Incorrect A: Although advocacy is required, this is not the
rationale that explains the development of the ethical endeavours section of
the Code.
Incorrect C: This may be true, but it is not the rationale that
explains the development of the ethical endeavours section of the Code.
Incorrect D: Appropriate use and distribution of resources is
important; however, this was not the primary reason for the development of the
ethical endeavours section of the Code.
DIF: Cognitive level:
Comprehension REF: p. 76
7. Which
of the following statements best describes the intended result of the ethical
decision-making process?
|
a. |
There must only be one
possible outcome. |
|
b. |
There must be several
equally acceptable options. |
|
c. |
The goal is to discuss
options, not decisions. |
|
d. |
More than one proposed
intervention may be ethical. |
ANS: D
Correct D: More than one proposed intervention may be ethical
and reflective of good ethical practice.
Incorrect A: Several possible outcomes should be examined in the
ethical decision-making process.
Incorrect B: Acceptable options may not be equal in value to all
parties, so this is not the intended result of the ethical decision-making
process.
Incorrect C: This is not the goal of the ethical decision-making
process.
DIF: Cognitive level:
Comprehension REF: p. 78
8. Which
of the following is being used by an interdisciplinary team that implements and
evaluates a plan of action after considering key players, clarifying values,
and exploring alternatives?
|
a. |
A code of ethics |
|
b. |
An ethics committee |
|
c. |
Practice standards |
|
d. |
An ethical decision-making
model |
ANS: D
Correct D: The process described is standard in ethical decision-making
models.
Incorrect A: A code of ethics helps inform ethical decision
making but does not directly guide the process described.
Incorrect B: An ethics committee may be involved in the ethical
decision-making process but not the entire process as described.
Incorrect C: Practice standards may be part of the discussion
when exploring alternatives but are not involved in the entire process
described.
DIF: Cognitive level:
Analysis
REF: pp. 78–79
9. Which
of the following best describes the goals of an ethics committee?
|
a. |
To provide a single view
toward the outcome of an ethical issue |
|
b. |
To present various views or
“lenses” on the issues |
|
c. |
To develop standards of
practice for nurses |
|
d. |
To ensure that comfort is achieved |
ANS: B
Correct B: Ethics committees present various views of or
“lenses” on the issues, and there can be more than one alternative outcome.
Incorrect A: This statement does not describe the goals of an
ethics committee.
Incorrect C: Standards of practice are the responsibility of the
regulatory body.
Incorrect D: Comfort may be a goal of care that is considered,
but, depending on the situation, the key players, and the other goals being
considered, may not be the result.
DIF: Cognitive level:
Comprehension REF: pp. 79–80
10. Which
of the following is a nurse demonstrating if he takes an unresolved ethical
situation forward to an ethics committee?
|
a. |
Nonmaleficence |
|
b. |
Beneficence |
|
c. |
Accountability |
|
d. |
Promoting justice |
ANS: C
Correct C: Being accountable is one of the primary nursing
values in the CNA Code
of Ethics. This nurse is demonstrating responsibility and
accountability.
Incorrect A: Nonmaleficence means to do no harm. This may be one
aspect of what this nurse is doing, but it does not directly describe his
actions.
Incorrect B: Beneficence means to always do good. This may be
one aspect of what this nurse is doing, but it does not directly describe his
actions.
Incorrect D: Not enough is known about this situation to
determine if promoting justice is involved.
DIF: Cognitive level:
Synthesis
REF: p. 73
11. What
is the main role of an ethics committee?
|
a. |
Consultation |
|
b. |
Education |
|
c. |
Policy |
|
d. |
All of the above |
ANS: D
Correct D: Ethics committees offer suggestions but do not direct
care decisions. Educating staff on ethical issues is a key responsibility.
Changing technologies require the need for evolving policies and guidelines
around everyday ethical issues, and the committee is the expert opinion on
these matters.
Incorrect A: Ethics committees offer suggestions but do not
direct care decisions. Educating staff on ethical issues is a key
responsibility. Changing technologies require the need for evolving policies
and guidelines around everyday ethical issues, and the committee is the expert
opinion on these matters.
Incorrect B: Ethics committees offer suggestions, but do not
direct care decisions. Educating staff on ethical issues is a key
responsibility. Changing technologies require the need for evolving policies
and guidelines around everyday ethical issues, and the committee is the expert
opinion on these matters.
Incorrect C: Ethics committees offer suggestions, but do not
direct care decisions. Educating staff on ethical issues is a key
responsibility. Changing technologies require the need for evolving policies
and guidelines around everyday ethical issues, and the committee is the expert
opinion on these matters.
DIF: Cognitive level:
Comprehension REF: p. 80
12. Who
of the following is likely to be a member of a hospital ethics committee?
|
a. |
Funeral director |
|
b. |
Chaplain |
|
c. |
Community activist |
|
d. |
Palliative care volunteer |
ANS: B
Correct B: Chaplains are often part of an ethics committee. The
committee is usually made up of professional staff with a certain level of
experience in and knowledge of ethical issues.
Incorrect A: Funeral directors are not involved in patient care.
Incorrect C: Community members might be on the occasional ethics
committee, but activists are not likely to be included, as they may be
advancing a specific cause or agenda (e.g., the right to assisted suicide).
Incorrect D: Volunteers may know the patients but may not have
the educational background to be able to participate on the ethics committee.
DIF: Cognitive level:
Comprehension REF: p. 81
TRUE/FALSE
1. Ethical
principles inform only modern codes of ethics.
ANS: F
Correct: Ethical principles have been documented as far back as
1780 B.C. and form the basis of both historical and modern codes of ethics.
Incorrect: This is not a true statement.
DIF: Cognitive level:
Knowledge
REF: p. 58
2. A
code of ethics identifies disciplinary actions and resulting consequences for
nurses who are investigated for misconduct.
ANS: F
Correct: A professional body normally implements discipline and
consequences.
Incorrect: A code of ethics establishes a standard by which the
nurse is assessed if disciplinary or legal action against the nurse occurs; it
does not identify disciplinary actions and resulting consequences.
DIF: Cognitive level:
Comprehension REF: p. 61
Keatings: Ethical and Legal Issues in Canadian Nursing, 3rd Edition
Chapter 4: The Canadian Legal System
Test Bank
MULTIPLE CHOICE
1. When
a legal decision is being made, which of the following sources of common law
has the highest degree of authority?
|
a. |
Doctrine |
|
b. |
Case law |
|
c. |
Statute law and regulations |
|
d. |
Custom |
ANS: C
Correct C: Statute law and regulations are the most
authoritative source of common law.
Incorrect A: Doctrine, the opinion of a legal expert, does not
have the highest degree of authority.
Incorrect B: Case law is dependent on the level of the court
that renders the decision and does not have the highest degree of authority.
Incorrect D: Custom has the lowest level of authority and is
used only when there is a complete absence of guidance from other sources.
DIF: Cognitive level: Synthesis
REF: p. 90
2. Which
of the following is being done by a judge who is attempting to determine
negligence by applying principles from previous precedents and elaborating on
them before making a decision?
|
a. |
Naming a litigant |
|
b. |
Developing common law |
|
c. |
Developing civil law |
|
d. |
Preparing the case for the
superior court |
ANS: B
Correct B: Centuries of judgements, precedents, and previous
cases all build on each other to form common law. The judge in this example is developing
common law.
Incorrect A: This does not describe what this judge is doing. A
litigant is a party to a lawsuit.
Incorrect C: This does not describe what this judge is doing.
Civil law uses a civil code to guide all decisions.
Incorrect D: This is not applicable.
DIF: Cognitive level:
Analysis
REF: p. 91
3. Which
of the following statements accurately describes statute law?
|
a. |
A set of reasons for a
decision in a particular case based on decisions made in previous cases |
|
b. |
A formal written set of
rules passed by a legislative body |
|
c. |
The absence of specific and
applicable legal principles |
|
d. |
A system of rules and
doctrines developed over time |
ANS: B
Correct B: Statute law is a formal written set of rules passed
by a parliament or other legislative body to regulate a particular area, such
as Ontario’s Regulated
Health Professions Act (1991), which regulates all of the
health professions in Ontario.
Incorrect A: This statement describes case law, not statute law.
Case law is a body of precedent that contains rules, definitions of legal
concepts, and legal principles fashioned by judges over time.
Incorrect C: This statement describes custom, not statute law.
Custom means that in the absence of specific and applicable legal principles in
case law, statutes, or doctrine, the courts will be guided by the long-standing
practices of a particular industry, trade, or other endeavour.
Incorrect D: This statement describes common law, not statute
law.
DIF: Cognitive level: Knowledge
REF: p. 89
4. Which
of the following statements regarding the priority of a regulation is accurate?
|
a. |
An act is inferior to the
regulation from which it flows. |
|
b. |
The regulation is
considered a guideline. |
|
c. |
A regulation is known as
subordinate legislation. |
|
d. |
A regulation is known as
inordinate legislation. |
ANS: C
Correct C: A regulation is additional legislative detail written
to assist in explaining a statute or act and its application. Thus, regulations
are known as subordinate legislation, and the regulation is inferior to the act
from which the regulation flows; the statute takes priority.
Incorrect A: This is not an accurate statement.
Incorrect B: This is not an accurate statement. Regulations are
more than a guideline, and they have the same force of law as statutes or acts.
Incorrect D: “Inordinate” means excessive, or disorderly, and is
irrelevant with regard to regulations and legislation.
DIF: Cognitive level:
Application
REF: p. 97
5. Which
of the following is the most accurate description of jurisprudence in the
Quebec legal system?
|
a. |
A body of precedent in
Canadian common law that is superior to the civil code |
|
b. |
A body of precedent in
Quebec common law that is superior to the civil code |
|
c. |
A body of precedent in the
Canadian civil system that is inferior to the civil code |
|
d. |
A body of precedent in the
Quebec civil system that is inferior to the civil code |
ANS: D
Correct D: Jurisprudence is a body of precedent used in Quebec
civil law. It is merely evidence of how previous courts have treated a
particular provision of the Civil
Code of Quebec and is subordinate to the Code and not binding
on a subsequent court.
Incorrect A: Common law does not use a civil code.
Incorrect B: Quebec does not use common law.
Incorrect C: In Canada, only Quebec has a civil law system; the
rest of Canada is based on a common law system. The civil code is part of civil
law.
DIF: Cognitive level:
Comprehension REF: p. 98
6. Which
of the following is the feature of justice that encompasses the notion that all
people are equal before the law and entitled to the same rights and benefits?
|
a. |
Procedural fairness |
|
b. |
Due process |
|
c. |
Natural justice |
|
d. |
Rule of law |
ANS: B
Correct B: Due process is the feature of justice that
encompasses the notion that all people are equal before the law and entitled to
the same rights and benefits arising from the law.
Incorrect A: Procedural fairness means that all individuals are
treated fairly and consistently; it does not directly relate to the notion
described.
Incorrect C: Natural justice refers to what is fair and good in
human relationships; it does not directly relate to the notion described.
Incorrect D: The rule of law means that those responsible for
administering and enforcing laws will do so appropriately; it does not directly
relate to the notion described.
DIF: Cognitive level:
Knowledge
REF: p. 102
7. A
nurse named in a lawsuit is involved in a preparatory legal proceeding where it
becomes apparent that the opponent has enough evidence to prove the case. What
is this preparatory meeting called?
|
a. |
Documentary discovery |
|
b. |
Examination for discovery |
|
c. |
Pretrial conference |
|
d. |
Disclosure |
ANS: B
Correct B: During examination for discovery, each party has the
opportunity to answer questions relevant to any matter raised, in the presence
of both parties’ lawyers. No judge is present at this stage.
Incorrect A: Documentary discovery is the process used to prove
that the parties involved have disclosed all relevant documents; it is not the
preparatory meeting described.
Incorrect C: A pretrial conference is one last effort before the
trial to resolve the dispute; it is not the preparatory meeting described.
Incorrect D: Disclosure is achieved through two mechanisms:
documentary discovery and the oral examination for discovery; it is not the
preparatory meeting described.
DIF: Cognitive level:
Synthesis
REF: p. 105
8. Which
of the following statements accurately describes an indictable offence?
|
a. |
A “wrong” committed against
another person under common law |
|
b. |
A less serious type of
criminal offence |
|
c. |
The most serious type of
offence under common law |
|
d. |
The most serious type of
criminal offence |
ANS: D
Correct D: An indictable offence is the most serious type of
criminal offence. Murder in the first degree is an example of an indictable
offence.
Incorrect A: This “wrong” is known as a tort, not an indictable
offence.
Incorrect B: A criminal offence of a minor or relatively less
serious nature is known as a summary conviction offence, not an indictable
offence.
Incorrect C: An indictable offence falls under criminal law, not
common law.
DIF: Cognitive level:
Knowledge
REF: p. 107
9. Which
of the following is considered an administrative tribunal?
|
a. |
A collective bargaining
team |
|
b. |
A nurses’ association
review board |
|
c. |
An appellate court |
|
d. |
A trial court |
ANS: B
Correct B: This review board would be considered an
administrative tribunal. Administrative tribunals are not courts in the strict
sense, though the adjudication is based on the respective rights and
obligations of the parties who come before them.
Incorrect A: A collective bargaining team is not a tribunal.
Incorrect C: An appellate court is an appeals court and is the
highest level of provincial court, not a tribunal.
Incorrect D: A trial court is provincial court, not a tribunal.
DIF: Cognitive level: Synthesis
REF: p. 114
10. Which
of the following statements is the most accurate with regard to the impact of
an appeal of a judgment to an appellate court?
|
a. |
A new trial with new
witnesses will be involved. |
|
b. |
It must be referred to a
higher provincial court. |
|
c. |
The matter must be referred
to the trial court. |
|
d. |
No new witnesses will be
called. |
ANS: D
Correct D: In an appeal to an appellate court, there is no new
trial, only a review of the trial proceedings. There are no new witnesses
called, and new evidence is seldom heard. The appeal ensures no errors of law
were made and that findings of fact are based on properly admitted evidence.
Incorrect A: There is no new trial in this appeal, only a review
of the trial proceedings.
Incorrect B: There is no higher provincial court after the
appellate court. The matter must be referred to the Supreme Court of Canada,
which is the final court of appeal.
Incorrect C: Trial courts are provincial, and subordinate to the
appellate court. The matter must be referred to the Supreme Court of Canada,
which is the final court of appeal.
DIF: Cognitive level:
Analysis
REF: p. 115
11. What
are the two primary sources of common law?
|
a. |
Statute law and custom law |
|
b. |
Doctrine and statute law |
|
c. |
Civil code and case law |
|
d. |
Case law and statute law |
ANS: D
Correct D: Statute law (a formal written set of rules) and case
law (a collection of legal rules and principles based on precedent) make up the
foundation for common law.
Incorrect A: Custom applies if no other sources of law are
available, and is not a primary source of law.
Incorrect B: Doctrine is a legal opinion that may be considered,
but is not a primary source of law.
Incorrect C: Civil code is not applicable to common law.
DIF: Cognitive level:
Comprehension REF: p. 89
12. Which
of the following are the three components of Canada’s government?
|
a. |
The judicial branch, the
executive branch, and the legislative branch |
|
b. |
The parliamentary branch,
the Supreme Court, and the Commonwealth Doctrine |
|
c. |
The Commonwealth Doctrine,
the executive branch, and the judicial branch |
|
d. |
The Court of Appeal, the
Queen, and all statute laws |
ANS: A
Correct A: The three components of Canada’s government are the
judicial branch, or the court system; the executive branch, or the Queen and
her ministers, who enforce the law; and the legislative branch, which consists
of Parliament and the provincial legislatures.
Incorrect B: The Commonwealth Doctrine does not exist.
Incorrect C: The Commonwealth Doctrine does not exist.
Incorrect D: These are parts of the components, but not the
components themselves.
DIF: Cognitive level:
Comprehension REF: pp. 93–94
TRUE/FALSE
1. Civil
law is a component of common law.
ANS: F
Correct: Civil law is a different system of law than common law.
Civil law is based on formally written, or codified, legal rules and
principles. The majority of common law, unlike civil law, is not formally
written down or codified. The rules and principles in common law are contained
in an extensive body of precedent.
Incorrect: This is not a true statement.
DIF: Cognitive level:
Comprehension REF: p. 89
2. A
superior court, based on common law, must use the same principles and rules as
an inferior court to decide a case with similar circumstances.
ANS: F
Correct: An inferior court, based on common law, must use the
same principles and rules as a superior court to decide a case with similar
circumstances. An inferior court (usually a trial court) is judicially
subordinate to a superior court or an appellate (appeal) court in the
hierarchical court structure. The superior court sets the precedent. This is
known as the doctrine of stare
decisis (“to abide by the decision”).
Incorrect: This is not a true statement.
DIF: Cognitive level:
Analysis
REF: p. 92
3. Provincial
or territorial laws, known as statute laws, take priority over common law.
ANS: T
Correct: Statute laws are passed by Parliament or provincial or
territorial legislatures, whereas common law is set by the courts over time.
Statute laws take priority over common law and may confirm, clarify, alter,
limit, or rescind common law as determined by the courts.
Incorrect: This statement is true.
DIF: Cognitive level:
Comprehension REF: p. 94
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