...The legal aspects of professional psychology covers a large area; such as assessments, HIPPA, confidentiality, testing, written consent, competence, and diagnosing. It is a large part of the psychology that most struggle with just to make sure that they do not break any laws and at the same time, giving the right treatment to every patient. The clinicians and patients have guidelines set forth according to the American Psychological Association (APA) that protects both parties from unethical and legal decisions. In this paper, the importance of informed consent and refusal, the legal issues within assessments, testing, and diagnosis, confidentiality in the therapeutic relationship, the impact of legislation and the role of competence in professional psychology will be discussed in detail. Legal Issues Related to Informed Consent and Refusal The informed consent is the agreement between two parties to work collaboratively (Pope & Vasquez, 2007). In psychology, the client signs the consent form to allow treatment from the psychologist who may include testing, treatment, and initial psychological assessment. The patients have the right to their information; in terms of benefits, alternative treatments and about the risks. If the patient does not understand what he or she is giving permission to, he or she can allow an authorized decision-maker. The law requires that all persons take reasonable steps to clarify and communicate adequately with their patients about their risks and...
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...ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. Essential Requisites The contract of sale, being a contract, has the same requisites, namely, consent, object, and cause. 1. Consent - Also called meeting of the minds. mutual agreement, or consensus ad idem. It essentially refers to a situation where the two parties of the contract has a mutual understanding in the formation of the contract of sale. This essentially means that there is consent in the part of the seller to transfer ownership of the determinate thing and in the part of the buyer to pay the equivalent price. Note that both of the parties must have the legal capacity to give their consent. 2. Object - This is the subject matter of the contract. It must be determinate or capable of being determinate. 3. Cause - This refers the price, in terms of money or its equivalent. Kinds of contract of sale 1. Absolute - This refers to a contract of sale that is not subject to any condition or does not require any condition for the transfer of ownership. 2. Conditional - This refers to a contract of sale that contemplates contingency, or is subject to a condition. It follows then that the delivery of the determinate thing does not necessarily transfer ownership, unless the contingency or condition is fulfilled. Article 1475 The contract of sale is perfected at the moment there is a meeting of minds...
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...There are many different legal aspects of nursing. The legal aspects are there to protect the patients. Nurses need to know these because it can put their license in jeopardy, fines, jail time or even worse, harm to a patient. Not only could you be in trouble because you did something, you could also be in trouble for not doing something. When working with patients that are sick or injured the last thing you need is to let something else other then there sickness or injury interfere with their healing or comfort level. By choosing to become a nurse you accept the laws and responsibilities that come along with it. As a Licensed Vocational Nurse the combination of legal principles, established laws, moral standards and ethical principles guide your practice of nursing. As a nurse you need to know these and how they affect the practice. There will be a lot ethical decisions that you will have to make during your career. By knowing the laws, this will help with the decisions you have to deal with. Laws prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior. It’s important for you to know the basic’s of the legal system, which will help protect you from wrong doing. There are two different types of laws. Civil and criminal. Civil laws are laws that violates a person’s rights, conduct at issue is detrimental to the individual and involves an offense that is against an individual. Civil laws purpose is to right...
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...The process of staffing for any organization is one of the most important parts of human resources function and it is very vulnerable to law suit. That’s why it is very important to have legal aspects before you start the process of staffing for any organization. Employment at will Under the law of employment at will employees can be terminated at any time without any particular reason. Employees also can quit without reason whenever they want. Employers don’t have to provide any kind of notice when terminating an at-will employee. But employees have rights when their job is terminated, including the contract rights, company’s policy, and statutory rights provided by the federal and state law. There are some other points which will affect the stuffing policy. Employees can be laid off for financial reasons under the present campus and System Administration reduction-in-force policies. Every campus and also the System Administration would still have a reduction-in-force policy under an "at-will" employment system. A government plan of the social security works for the betterment of the citizens. They targets the people and families and material needs, offer protection to disabled persons, keep their families together, and provide the opportunities for youngsters to grow in a very secure and healthy atmosphere. The staffing techniques under the social security premiums need the varied plans for the staff at initial point, when they are hired. These plans includes the retirement...
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...Assignment Assignment tittle: Aspects of the legal system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European...
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...ASSIGNMENTS MB0035 LEGAL ASPECTS OF BUSINESS (3 credits) Set I Marks 60 Each question carries 10 marks 1. What are the essentials for a Valid Contract? Describe them in details. Essential of a Valid Contract All contracts are agreement but all agreements need not be contracts. The agreements that create legal obligation only are contracts. This validity of an enforced able agreement depends upon whether the agreement satisfies the essential requirements laid down in the acts. Section 10 lays down that ‘all the agreement are contracts if they are made by the free consent of the parties competent to contract for a lawful object and are not hereby expressly declared to the void’. The following are the essentials: a) Agreement: An agreement which is preliminary to every contract is the outcome of offer and acceptance. An offer to do or not to do a particular act is made by one party and is accepted by the other to whom the offer is made the we say that there is meeting of the mind of the parties. Such a position is know as consensus ad idem. b) Free consent: The parties should agree upon the same thing in the same sense and their consent should be free from all sorts of pressure. In other words it should not be caused by coercion, undue influence, misrepresentation, fraud or mistake. c) Contractual capacity: The parties entering into an agreement must have legal competence. In other word they must have attained the age of majority should be of sound mind and should be disqualified...
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...§ 1 KSchG 1) Dieses Hauptstück gilt für Rechtsgeschäfte, an denen 1. einerseits jemand, für den das Geschäft zum Betrieb seines Unternehmens gehört, (im folgenden kurz Unternehmer genannt) und 2. andererseits jemand, für den dies nicht zutrifft, (im folgenden kurz Verbraucher genannt) beteiligt sind. (2) Unternehmen im Sinn des Abs. 1 Z. 1 ist jede auf Dauer angelegte Organisation selbständiger wirtschaftlicher Tätigkeit, mag sie auch nicht auf Gewinn gerichtet sein. Juristische Personen des öffentlichen Rechts gelten immer als Unternehmer. (3) Geschäfte, die eine natürliche Person vor Aufnahme des Betriebes ihres Unternehmens zur Schaffung der Voraussetzungen dafür tätigt, gehören noch nicht im Sinn des Abs. 1 Z. 1 zu diesem Betrieb. (4) Dieses Hauptstück gilt nicht für Verträge, die jemand als Arbeitnehmer oder arbeitnehmerähnliche Person (§ 51 Abs. 3 ASGG) mit dem Arbeitgeber schließt. § 5a KSchG (2) Fernkommunikationsmittel im Sinn des Abs. 1 sind Kommunikationsmittel, die zum Abschluß eines Vertrages ohne gleichzeitige körperliche Anwesenheit der Parteien verwendet werden können, insbesondere Drucksachen mit oder ohne Anschrift, Kataloge, Pressewerbungen mit Bestellschein, vorgefertigte Standardbriefe, Ferngespräche mit Personen oder Automaten als Gesprächspartnern, Hörfunk, Bildtelefon, Telekopie, Teleshopping sowie öffentlich zugängliche elektronische Medien, die eine individuelle Kommunikation ermöglichen, wie etwa die elektronische Post. § 5b KSchG ...
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...Literature Review of the Legal Aspects of Performance Management Ben France The importance of understanding the legal issues involved in performance management and the performance appraisal process have grown in the past few years as a result of the globalization of the world’s economy, and as a result of companies and organizations trying to become more productive at a lower cost. Most cases over the last few years have focused on the performance management process, and its ability to withstand legal scrutiny. Organization’s performance management systems are viewed as a test by the court system, and as they are used to make staffing decisions, merit decisions, and separation decisions, the systems themselves must be designed to minimize the chances of discrimination. In the present paper, the elements of the performance management system are examined as a foundation to help recognize the aspects of the process that are subject to litigations, and to help reduce problems that could result in legal disputes. In the Manager’s Guide to HR (Muller, 2009), the legal issues involved in the performance management process can be minimized by the proper planning, design, understanding, and actions involved in a well-designed process. “Proper preparation and structuring of a performance evaluation can transform it from a confrontation into a worthwhile collaboration between you, the employer, and the employee.” (Muller, 2009) The starting point of a legally sound performance...
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...Legal Aspects of Professional Psychology “Professional psychologists study mental processes and human behavior by observing, interpreting, and recording how people and other animals relate to one another and the environment.” The psychologists express theories that have possible explanations and concentrate on an individual behavior that influence a person’s action where understanding and explaining thoughts, emotions, feelings and or behavior is in attention. However there is a legal aspect of professional psychology that is the most important part in professional practice. “Legal aspects of professional psychology cover abroad spectrum of any application of psychological ethics, and ways of understanding legal issues and questions. Additionally to the practical practices, legal aspects of psychology also include empirical or academic research on topics concerning the relationships of government laws and regulations to human behavior and mental processes”(Roger Rivera, “Legal Aspects Of Professional Psychology”). Legal issues related to informed consent and refusal Most important factor of legal issue in professional phycology is the informed consent of the client, where the doctor gets consent of the client for performing tests and medical treatments including records of the patients. It is the psychologist’s duty to offer and explain services, and if the patients have no ability for opinion, take consent from the person who has the legal power to do on behalf of the...
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...ASSIGNMENT ON LEGAL ASPECTS OF INTERNATIONAL CONTRACT SUBMITTED TO SUBMITTED BY PROF. A K PANDEY PRABHAT ANAND(2K12B72) INTRODUCTION INTERNATIONAL CONTRACT: The international contract is a contract that has a foreign element, that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically, the foreign element may be resident abroad, a party to the contract, nationality, place of contract conclusion, and many other possibilities. The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade. Therefore an international commercial contract is the addition of foreign elements in a commercial contractual relationship. Example is a contract between a French commercial agent to an American entrepreneur. Or it may be a contract between a French company and a provider of electronics in China. The formation of a contract Main points that need to be addressed: • Agreement: who decides that an argreement has been reached (objective/ subjective approach) • Offer and acceptance: offer of invitation, display of goods, advertisements etc leading to acceptance • Certainty and agreement mistakes • Consideration and form • Intention to create legal relations: domestic...
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...Legal Aspects of Life Support In "Legal Aspects of Withholding and Withdrawing Life Support from Critically Ill Patients in the United States and Providing Palliative Care to Them," authors John M. Luce and Ann Alpers, present this article to increase an understanding of the legal obligation of physicians and practitioners. Studies have shown that most patients, who die in intensive care units in the United States, deaths are related to the withholding and withdrawal of life support and also the administration of palliative care. The process through which various medical interventions are withheld or removed from patients with the expectation that the patient will die of an underlying illnesses is withholding and withdrawal of life support. The prevention or treatment of pain or providing comfort during suffering in terminally ill patients is palliative care. Physicians and practitioners are bound by ethical principles of autonomy, beneficence, and nonmaleficence. This means their actions are done for the benefit of others and they must do no harm. There are laws that govern the legal aspects and requirements of these practices in which physicians and other practitioners may not be familiar. The limitations of life sustaining treatments vary from each state and are based on statutory and case law. The Fourteenth Amendment to the Constitution protects a competent person’s right to proceed with treatment which includes nutrition and hydration. The legal aspect of...
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...The Legal Aspects of Social Media \\ From the late 19th century to the early 20th century, there have been numerous social media sites created. There are various social media outlets that exist today and many companies are using such sites to promote the growth and expansion of their business. Facebook, for instance, is considered to be one of the hottest social media outlets right now. Businesses use Facebook for various marketing, promoting, and consumer engagement reasons. Various companies create web pages on these social media sites that have their company web-links attached to them, and many of them you can even sign up to receive information from their company just by using a social media outlet, but there are always legal matters involved when the distribution of consumer private information is involved. There are four components of a legally astute manager which include: having specific knowledge of the laws and regulations and how to appropriately use legal resources and tools, the ability to apply the use of informed judgment when managing the legal aspects of business and when faced with legal insinuations, having a proactive attitude to legal issues and regulations, and a set of value-laden attitudes about the importance of the law when it comes to the firm’s success. All social media managers much be very knowledgeable in these qualified areas when it comes to the concepts of social media because these four components can be used legally to create and capture...
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...There are countless legal aspects nurses must abide by in the workplace. The Nurse Practice Act states the guidelines and laws for each state putting in place the common legalities for nurses to follow. As a nurse, the number one legal aspect that comes to mind is acting as the patient’s advocate. In the case study, Marianne’s family was having a tough time agreeing on whether or not to go through with the surgery and what to do after the surgery. The nurse’s responsibility is to act as the liaison between the physician and the patient, but also to explain the treatment, possible outcomes and the best possible choice for the patient based on the patient’s wishes (Blais, 2011). Negligence and malpractice are two terms used a lot in the healthcare field. It is your duty as a nurse to fulfil all physician orders and to provide quality care to the patient. The patient should be checked on regularly and assessed. Medications should be cross checked and the patient should be monitored for side effects around the clock (Strader, 1985). Failure to assess and or follow up with your patient regularly could harm the patient and potentially result in death which leads to malpractice lawsuits for negligence. Nurses must be aware of their patients and communicate clearly and precisely with the physician while monitoring the patients care. Overall, many legal aspects can arise while working in the healthcare profession. To assure legal lawsuits or issues don’t arise one must follow all protocols...
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...Ethical and Legal Aspects of Nursing NUR 391 September 19, 2011 Ethical and Legal Aspects of Nursing Nursing is an ever-changing profession that responds to diverse and complex issues of health maintenance, protection of patient safety, human rights, and dignity. Professional nurses are in a unique position as patient advocates, regardless of practice setting. Nurse’s face inherent ethical decisions making, and they are frequently involved in the ethical decisions both personally and professionally when ethical reason both for and against the choice are both equally desirable (Pierce, 1997). The ANA Code of Ethics with Interpretive Statements offers a statement for every professional nurse’s ethical obligations and duties, ethical standard, and commitment to society (ANA, 2001). Nurse must continuously meet standards of care and the ANA Code of Ethics and uphold fundamental legalities. Taking a closer look into the nurses ethical responsibility and fundamental legalities associated with direct patient care and as it would apply in the case study case study of patient Marianne, a 79 year-old female, who is admitted to the emergency department with hemorrhagic stroke, a grave prognosis of recovery and no advance directive. This paper will discuss legal responsibilities of the registered nurse as witness in a malpractice case of a nurse colleague found negligent in following standards of nursing practice. “The nurse’s primary commitment is to the patient who is the...
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...Legal Aspects of Professional Psychology Michael Lampe May 06, 2013 There are many factors that can affect a professional in the field of psychology. Some of these factors may be ethical issues and some may have legal issues. These two issues may seem similar. However, they are very different. American Psychological Association (APA) Ethics Code can help clear up any problems with ethical issues. The legal issues are not as easy to see or find the correct answers. Legal issues can be separated into two categories, legislation and litigation. Legislation concerns governmental bodies passing laws. Litigation is laws that are formed by the rule of the law. There are legal issues related to informed consent, assessment, testing, diagnosis, and confidentiality. These issues will be discussed and the influence of legislation on the field of psychology will be evaluated. Competency will also be covered. Informed Consent Informed consent is a legal and ethical term defined as the consent by a client to a proposed medical or psychotherapeutic procedure, or for participation in a research project or clinical study. In order for the consent to be informed the client must first achieve a clear understanding of the relevant facts, risks and benefits, and available alternatives involved. Informed consent requires legal documentation in all 50 states. The concept of informed consent originated with the recognition that individuals have rights: to freedom, autonomy and human dignity...
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