Equity Essay Example | Topics and Well Written Essays - 750 words

Equity - Essay Example Chancellor being unbound by Common Law, this gave rise to direct petitions to him by people who were disillusioned by unbending legal rulings and needed immediate remedy and this urgency and huge requirement led to appointment of Chancery Masters. Equity flourished for centuries, and gave relief to ordinary people with sensitivity and awareness of social difficulties. Equity deals with Inquisitorial procedure (based on questioning and examination by the judge) and judge can sub poena the suspects and witnesses to compel them to attend proceedings. We come across historical evidence that Common law courts resented the wide popularity of Court of Chancery. Contradictions and opposition went on for some time and reached the peak in 17th century dispute, The Earl of Oxford's Case (1615) and King James I had to order for Attorney General's intervention to stop Lord Chief Justice and Lord Chancellor from bickering and according to King's dictum where there is a conflict between equity and common law, equity prevails and it holds good even today. Equity remains the name given to a set of legal principles practiced where English law is in vogue. Sometimes referred to as Natural Law, it is part of English legal tradition. Sources of Equity are far removed from sources of Common Law. The set of remedies that law and equity offer differ and uphold the difference between common law and equity. Equity bends more towards injunctions or degrees with directives for acting or refrain from acting and this relief is considered more practical and based on sound common sense and social knowledge. Equity with its emphasis on fairness and flexibility has only general guides known as the maxims of equity. Criticism prevails that it has no set of rules of its own and is baseless. At times, it is called a set of fluctuating rules that the Lord Chancellor, depending on his common sense and conscience has collected. Today it is not as flexible as it used to be and got consolidated by systems and precedents and has attained certain rigidity in its approach. Earlier Chancellors were not legally trained and this was remedied when Sir Thomas Moore became Lord Chancellors in 1529 and only lawyers succeeded him. Today's Equity has equitable doctrines and impressive precedents and has grown into an independent branch of law. It is also referred to as Supplementary Law which is part of law of the land. "In my view equity has added to our legal system, together with a number of detached doctrines, one novel and fertile institution, namely the trust; and three novel and fertile remedies, namely the decree for specific performance, the injunction, and the judicial administration of estates," Maitland (1949, p.22). Equity has made substantial contributions to the body of law in the form of trusts, mortgage and equitable jurisdiction through Natural Justice. It adopted a more metaphysical approach than common law, whose approach is materialistic, while give preference for substance over form, and preventing use of statutes as instruments of fraud. No doubt,

LEGAL ASPECT OF NURSING Case Study Example | Topics and Well Written Essays - 750 words

LEGAL ASPECT OF NURSING - Case Study Example After the patient admitted he was thinking of harming himself, it was prudent he was offered specialized care immediate treatment and a one on one observation in a bid to prevent that which was bound to happen. In this case the hospital staff neglected their obligation to ensure the patients safety and to offer the required care and attention that comes with his condition especially bearing in mind the sole reason he was brought to the institution was to secure his safety. Who are the defendants in this case? Which defendants could potentially be held liable and Why? Having been brought by an officer of the law and by accepting to admit Mr. Garcia the hospital took full responsibility and as such should be held liable. In this case the Hospital and the staff who were directly involved in admitting the patient are the defendants. The Hospital staff in this case will potentially carry the load as they are directly charged with the responsibility of taking care of the patients. In the l ine of discharging their duty they failed to properly evaluate the situation and give Mr. Garcia the care that he required. The American Nurses Association defines nursing practice as a process that involves proper assessment of patients, proper decision making and right application of nursing knowledge to a patient (deWit, 2001). With this regard the hospital staff took off on the wrong foot right from the start. Although restrained Mr. Garcia was not observed as should have which enabled him to slip out of the restraints and facility unnoticed. Therefore, it is reasonable and just to hold the hospital staff liable. How do you think the court would rule in such a case? Why? The submissions of both the plaintiffs and the defendants will most definitely determine the ruling, but in my opinion the court should rule in favor of the plaintiff. In this matter several elements on negligence and malpractice have emerged from the hospitals staff. It is clear if proper precautions were taken right from the point where Mr. Gracias was admitted his life could have been saved. Failure to provide direct patient observation clearly highlights the violation of the hospitals obligation to safeguard its patients and prioritize their health. It is this act by the staff that leads to the damages on the patient Mr. Garcia and his family. The following are among the elements that directly or indirectly caused the death of the patient therefore in my opinion makes the defendants guilty. Duty: - It was the duty of the hospital and its staff to ensure that the patient was safe, as he had been taken there specifically to ascertain his safety. They evidently have failed in this duty because it was reasonably foreseeable that the patient left on his own would harm himself and it is why he was rushed to the hospital by the officer and constrained. There is a relationship between the patient and the hospital because they admitted him, though failed to give him proper care. Factual causati on: - By the mere fact that the officer brought the patient to the hospital by the confession that he intended to kill himself shows the seriousness the officer took the issue, now that the patient escaped from the hospital unnoticed and killed himself when he was their responsibility means they are at fault and therefore culpable. Remoteness: - The issue of the patient leaving the hospital and harming