5.2: Understanding the Legal System
Understanding the Legal System
There are several types of laws and regulations that affect nursing practice. Laws are rules and regulations created by a society and enforced by courts and professional licensure boards. Nurses are responsible for being aware of public and private laws that affect client care, as well as legal actions that can result when these laws are broken.
Laws are generally classified as public or private law. Public law regulates relations of individuals with the government or institutions, whereas private law governs the relationships between private parties.
Public Law
There are several types of public law, including constitutional, statutory, administrative, and criminal law.
- Constitutional law refers to the rights, privileges, and responsibilities established by the U.S. Constitution. [1] The right to privacy is an example of a patient right based on constitutional law.
- Statutory law refers to written laws enacted by the federal or state legislature. For example, the Nurse Practice Act in each state is an example of statutory law enacted by that state’s legislature. The Health Insurance Portability and Accountability Act (HIPAA) is an example of a federal statutory law. HIPAA required the creation of national standards to protect sensitive client health information from being disclosed without the client’s consent or knowledge.
- Administrative law is law created by government agencies that have been granted the authority to establish rules and regulations to protect the public. [2] An example of federal administrative law is the regulations set by the Occupational Safety and Health Administration (OSHA). OSHA was established by Congress to ensure safe and healthy working conditions for employees by setting and enforcing federal standards. An example of administrative law at the state level is the State Board of Nursing (SBON). The SBON is a group of individuals in each state, established by that state’s legislature, to develop, review, and enforce the Nurse Practice Act. The SBON also issues nursing licenses to qualified candidates, investigates reports of nursing misconduct, and implements consequences for nurses who have violated the Nurse Practice Act.
- Criminal law is a system of laws concerned with punishment of individuals who commit crimes. [3] A crime is a behavior defined by Congress or state legislature as deserving of punishment. Crimes are classified as felonies, misdemeanors, and infractions. Conviction for a crime requires evidence to show the defendant is guilty beyond a shadow of doubt. This means the prosecution must convince a jury there is no reasonable explanation other than guilty that can come from the evidence presented at trial. In the United States, an individual is considered innocent until proven guilty. See Figure 5.1 [4] for an illustration of a trial with a jury.
Serious crimes that can result in imprisonment for longer than one year are called felonies . Felony convictions can also result in the loss of voting rights, the ability to own or use guns, and the loss of one’s nursing license. An example of a felony committed by some nurses is drug diversion of controlled substances.
Misdemeanors are less serious crimes resulting in penalties of fines and/or imprisonment for less than one year. For example, in Wisconsin, misdemeanors are categorized as Class A, B, or C based on their sentencing. Class A misdemeanors are sentenced to a fine not to exceed $10,000 or imprisonment not to exceed nine months, or both. Class B misdemeanors are sentenced to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. Class C misdemeanors are sentenced to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both. [5] Examples of misdemeanors include battery, possession of controlled substances, petty theft, disorderly conduct, and driving under the influence (DUI) charges. Although considered less serious crimes, misdemeanors can impact an individual’s ability to obtain or maintain a nursing license.
Nurses who are found guilty of misdemeanors or felonies, regardless if the violation is related to the practice of nursing, must typically report these violations to their state’s Board of Nursing.
Infractions are minor offenses, such as speeding tickets, that result in fines but not jail time. Infractions do not generally impact nursing licensure unless there is a significant quantity of them over a short period of time.
Sample Case
An LPN working for a hospice agency was accused of stealing a patient’s pain medications and substituting them with anti-seizure medication. The family asserted the actions of the LPN prolonged the patient’s suffering. The LPN served time in prison for diverting the patient’s medications. [6]
Private Law
Private law, also referred to as civil law , focuses on the rights, responsibilities, and legal relationships between private citizens. Civil law typically involves compensation to the injured party. Unlike criminal law that requires a jury to determine a defendant is guilty beyond reasonable doubt, civil law only requires a certainty of guilt of greater than 50 percent. [7] See Figure 5.2 [8] illustrating balancing the evidence to determine the certainty of guilt. Any nurse can be impacted by civil law based on actions occurring in daily nursing practice.
Civil law includes contract law and tort law. Contracts are binding written, verbal, or implied agreements. A tort is an act of commission or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment that an individual suffers. [9]
Two categories of torts affect nursing practice: intentional torts, such as intentionally hitting a person, and unintentional torts (also referred to as negligent torts), such as making an error by failing to follow agency policy.
Intentional Torts
Intentional torts are wrongs that the defendant knew (or should have known) would be caused by their actions. Examples of intentional torts include assault, battery, false imprisonment, slander, libel, and breach of privacy or client confidentiality.
Unintentional Torts
Unintentional torts occur when the defendant’s actions or inactions were unreasonably unsafe. Unintentional torts can result from acts of commission (i.e., doing something a reasonable nurse would not have done) or omission (i.e., failing to do something a reasonable nurse would do). [10]
Negligence and malpractice are examples of unintentional torts. Tort law exists to compensate clients injured by negligent practice, provide corrective judgement, and deter negligence with visible consequences of action or inaction. [11] , [12] Examples of common torts affecting nursing practice are discussed in further detail in the following subsections. See Table 5.2 for a comparison of public and private law.
| Type of Law | Subtypes of Law and Examples |
|---|---|
| Public Law |
|
| Private Law (Civil Law) |
|
Examples of Intentional and Unintentional Torts
Assault and Battery
Assault and battery are intentional torts. Assault is defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. [13] Battery is defined as intentional causation of harmful or offensive contact with another person without that person’s consent. [14] Physical harm does not need to occur to be charged with assault or battery. Battery convictions are often misdemeanors but can be felonies if serious bodily harm occurs. To avoid the risk of being charged with assault or battery, nurses must obtain consent from clients to provide hands-on care.
False Imprisonment
False imprisonment is an intentional tort. False imprisonment is defined as an act of restraining another person and causing that person to be confined in a bounded area. [15] In nursing practice, restraints can be physical, chemical, or verbal. Nurses must strictly follow agency policies related to the use of restraints. Physical restraints typically require a provider order and documentation according to strict guidelines within specific time frames. See Figure 5.3 [16] for an image of a simulated client in full physical medical restraints.
Chemical restraints include administering medications such as benzodiazepines and require clear documentation supporting their use. Verbal threats to keep an individual in an inpatient environment can also qualify as false imprisonment and should be avoided.
Breach of Privacy and Confidentiality
Breaching privacy and confidentiality are intentional torts. Confidentiality is the right of an individual to have personal, identifiable medical information, referred to as protected health information (PHI), kept private. Protected Health Information (PHI) is defined as individually-identifiable health information including demographic data that relates to the individual’s past, present, or future physical or mental health or condition [17] ; the provision of health care to the individual; and the past, present, or future payment for the provision of health care to the individual.
This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was prompted by the need to ensure privacy and protection of personal health records and data in an environment of electronic medical records and third-party insurance payers. There are two main sections of HIPAA law: the Privacy Rule and the Security Rule. The Privacy Rule addresses the use and disclosure of individuals’ health information. The Security Rule sets national standards for protecting the confidentiality, integrity, and availability of electronically protected health information. HIPAA regulations extend beyond medical records and apply to client information shared with others. Therefore, all types of client information should be shared only with health care team members who are actively providing care to them. [18] , [19]
HIPAA violations may result in fines from $100 for an individual violation to $1.5 million for organizational violations. Criminal penalties, including jail time of up to ten years, may be imposed for violations involving the use of PHI for personal gain or malicious intent. Nursing students are also required to adhere to HIPAA guidelines from the moment they enter the clinical setting or risk being disciplined or expelled by their nursing program.
Sample Case
An RN accessed a patient’s medical records, as well as the records of the newborn son, although she was not assigned to their care because she believed the newborn was her biological grandchild. Although the chart was accessed for less than five seconds, it was unauthorized. The nurse was publicly reprimanded by the state’s Board of Nursing, and her multistate licensure privileges were revoked. Expenses to defend the nurse exceeded $2,800. [20]
Read more about the HIPAA Privacy Rule .
Slander and Libel
Slander and libel are intentional torts. Defamation of character occurs when an individual makes negative, malicious, and false remarks about another person to damage their reputation. Slander is spoken defamation and libel is written defamation. Nurses must take care to communicate and document facts regarding patient care without defamation in their oral and written communications with clients and coworkers.
Fraud
Fraud is an intentional tort occurring when an individual is deceived for personal gain. An example of fraud is financial exploitation perpetrated by individuals who are in positions of trust. [21] , [22] A nurse may be charged with fraud for documenting interventions not performed or altering documentation to cover up an error. Fraud can result in civil and criminal charges and also suspension or revocation of a nurse’s license.
Negligence and Malpractice
Negligence and malpractice are types of unintentional torts. Negligence is the failure to exercise the ordinary care a reasonable person would use in similar circumstances. Wisconsin civil jury instruction states, “A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.” [23] Malpractice is a specific term used for negligence committed by a professional with a license. See Figure 5.4 [24] for an illustration related to malpractice.
Elements of Nursing Malpractice
Nurses and nursing students don’t often get sued for malpractice, but when they do, it is important to understand the elements required to prove malpractice. All of the following elements must be established in a court of law to prove malpractice [25] :
- Duty: A nurse-client relationship exists.
- Breach: The standard of care was not met and harm was a foreseeable consequence of the action or inaction.
- Cause: Injury was caused by the nurse’s breach.
- Harm: Injury resulted in damages.
Parties bringing a lawsuit must be able to demonstrate their interests were harmed, providing a reason to stand before the court. The person bringing the lawsuit is called the plaintiff . The parties named in the lawsuit are called defendants . Most malpractice lawsuits name physicians or hospitals, although nurses can be individually named. Employers can be held liable for the actions of their employees. [26]
Malpractice lawsuits are concerned with the legal obligations nurses have to their patients to adhere to current standards of practice. These legal obligations are referred to as the duty of reasonable care . Nurses are required to adhere to standards of practice when providing care to patients they have been assigned. This includes following organizational policies and procedures, maintaining clinical competency, and confining their activities to the authorized scope of practice as defined by their state’s Nurse Practice Act. Nurses also have a legal duty to be physically, mentally, and morally fit for practice. When nurses do not meet these professional obligations, they are said to have breached their duties to patients. [27]
Duty
In the work environment, a duty is created when the nurse accepts responsibility for a patient and establishes a nurse-patient relationship. This generally occurs during inpatient care upon acceptance of a handoff report from another nurse. Outside the work environment, a nurse-patient relationship is created when the nurse volunteers services. Some states have statutes requiring notification of authorities (also referred to as mandatory reporting) or summoning assistance. [28]
Good Samaritan Law
The Good Samaritan Law provides protections against negligence claims to individuals who render aid to people experiencing medical emergencies outside of clinical environments. All 50 states in the United States have a version of a Good Samaritan Law. See Figure 5.5 [29] for historical artwork depicting a Good Samaritan. Differences exist in state laws regarding protection of bystanders who provide aid. For example, in Wisconsin, the law states, “Any person who renders emergency care at the scene of any emergency or accident in good faith is immune from civil liability for the person’s acts or omissions in rendering such emergency care.” [30] There are a few states that require some emergency bystander action, so nurses should review the law in states they are visiting. It is also important to keep in mind that although anyone can file a lawsuit against someone who provides bystander aid, the Good Samaritan laws typically negate any penalty to the person rendering aid.
Although the majority of Good Samaritan laws are at the state level, the federal Aviation Medical Assistance Act (AMAA) provides liability protection for aid given on aircraft. The most common in-flight medical emergencies involve syncope, as well as gastrointestinal, respiratory, and cardiac events. [31] Note that consent for care by an unconscious person is implied, but consent must be obtained from alert individuals.
Mandatory Reporting
Nurses are legally responsible for reporting certain crimes. Mandatory reporting requirements vary based on the state of practice, but there are some commonalities. For example, nurses are mandated to report suspected abuse of children, the elderly, and the disabled (if they have been deemed as incompetent by a court of law or as incapacitated by qualified health care providers).
Nurses are also mandated to report gunshot wounds, dog bites, some communicable diseases, and unsafe or illegal practices of other health care team members. Reporting responsibility often begins at the organizational level. The nurse may also need to identify the appropriate local, state, or federal authorities to submit the report and pursue it to its resolution.
Sample Statute Regarding Duty to Assist
A Minnesota statute states that a person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this is guilty of a petty misdemeanor. [32]
Implications for Nurses
Duty can be established in many ways. Nurses have a duty of reasonable care for a patient they have been assigned. They may also have a duty in other circumstances. Therefore, nurses should understand the following [33] :
- Recognize that a nurse-patient relationship is established upon acceptance of responsibility for a patient, whether after a handoff report in the workplace or during volunteered services.
- Assume that on-call or supervisory responsibilities create a duty to patients, even in the absence of an expressed nurse-patient relationship.
- Know if there is a duty to rescue statute in their state, and if so, what it demands.
Breach of Duty
The second element of malpractice is breach of duty. After a plaintiff has established the first element in a malpractice suit, that the nurse owed a duty to the plaintiff, the plaintiff must then demonstrate that the nurse breached that duty by failing to comply with the duty of reasonable care. [34]
To demonstrate that a nurse breached their duty to a patient, the plaintiff must prove the nurse departed from acceptable standards of practice. The plaintiff must establish how a reasonably prudent nurse in the same or similar circumstances would act and then show that the defendant nurse departed from that standard of practice. The plaintiff must claim the nurse did something a reasonably prudent nurse would not have done (an act of commission) or failed to do something a reasonable nurse would have done (an act of omission). [35]
Experts are needed during court hearings to explain things outside the knowledge of non-nurse jurors. In reaching their opinions, experts review many materials, including the state’s Nurse Practice Act and organizational policies, to determine whether the nurse adhered to them. To qualify as a nurse expert, the person testifying must have relevant experience, education, skill, and knowledge. They typically have advanced degrees, are published in nursing literature, have spoken at professional conferences, and belong to professional organizations. Medical malpractice trials take place primarily in state courts, so experts are deemed qualified based on state requirements.
Sample Case Regarding Breach of Duty [36]
Mary Jones was an 87-year-old woman who presented to the hospital with dizziness, nausea, intermittent slurred speech, an unsteady gait, and a history of four falls at home that day. Significant medical history included heart disease and multiple medications. The admitting nurse assessed her as being at risk for falls and placed her on universal fall precautions. The fall precautions included keeping the bed in the lowest position, instructing her on the use of the call light and ensuring the call light was within her reach, providing a bedside commode, and placing her in a room close to the nurses’ station where she could be observed. However, the nurse did not use a formal scoring system for fall risk assessment that was set forth in a nursing procedures textbook. Additionally, bed alarms had not been working at this agency for a year.
Five days later, a nurse responded to a sound coming from Mrs. Jones’s room and found her lying on the bathroom floor. She was conscious and able to move all extremities but complained of left knee and elbow pain. The physician was notified, and Mrs. Jones was sent for X-rays and a CT scan. When Mrs. Jones returned to her room, the nurse observed she was diaphoretic and deteriorating. The nurse took Mrs. Jones to the emergency department, where she lost consciousness. She was evaluated by a neurosurgeon, intubated, and airlifted to a different hospital for a higher level of care. She never regained consciousness and died the next day from intracranial bleeding that was aggravated by anticoagulant therapy.
Mrs. Jones’s estate brought a lawsuit alleging nursing malpractice. The estate’s nursing expert stated the universal fall precautions had been inadequate for a high-risk patient and additional measures should have been instituted. The expert testified that not only had the admitting nurse not adhered to the formal scoring system for fall risk assessment in the nursing procedures textbook, but also the standard of care required nurses to use bed alarms, institute 15-minute rounds, or place a sitter in the room.
A defense expert used The Joint Commission’s National Patient Safety Goals to define the standard of care and testified it was her opinion the nurse had met that standard. The organizational policy did not require bed alarms as part of its fall prevention plan. Although the nurses did not use the formal scoring system in a textbook to assess the patient’s risk, they clearly identified her as being at risk for falling; assessed her frequently; maintained her bed in the lowest position; kept the wheels of her bed locked and her side rails up; and kept the call light within her reach. They instructed her on the use of the call light and placed her in a room where she could be readily observed.
The court entered the judgment for the defendant hospital, noting that “under the circumstances, it is a close call on whether the hospital, by not having functioning bed alarms and staff not checking on Mary more frequently, breached the standard of care.” [37] In this case, the plaintiff’s expert had not demonstrated the standard of care was breached.
Implications for Nurses
Nurses defending themselves against allegations of professional malpractice must demonstrate their actions conformed with accepted standards of practice. They must convince a jury they acted as a reasonably prudent nurse would have in the same or similar circumstances. Nurses should always follow these practices [38] :
- Adhere to organizational policies and procedures. Work-arounds can create liability. The standard of practice is to adhere to agency policy. Failing to do so creates an assumption of departure from standards.
- Document in a manner that permits accurate reconstruction of patient assessments and the sequence of events, especially when notifying providers regarding clinical concerns.
- Maintain competence through continuing education, participation in professional conferences, membership in professional organizations, and subscriptions to professional journals.
- When using an interpreter, ensure that properly trained interpreters are used and document the name of the interpreter. The use of family, friends, or other untrained interpreters is unsafe practice and is not consistent with acceptable standards of practice.
- Maintain professional boundaries. Personal relationships with patients or their families can be red flags for juries and can be viewed as evidence of departure from professional standards.
Cause
The third element of malpractice is cause. After the plaintiff has established the nurse owed a duty to a patient and then breached that duty, they must then demonstrate that damages or harm were caused by that breach. Plaintiffs cannot prevail by only demonstrating the nurse departed from acceptable standards of practice, but must also prove that such departures were the cause of any injuries. [39] Additionally, nurses are held accountable for foreseeability, meaning a nurse of ordinary skill, care, and diligence could anticipate the risk of harm of departing from standards of practice in similar circumstances. [40]
Plaintiffs must be able to link the defendant’s acts or omissions to the harm for which they are seeking compensation. This requires expert testimony from a physician because it requires a medical diagnosis. Unlike in criminal cases, in which the standard of proof is that elements of prosecution must be proven “beyond reasonable doubt,” the elements of a malpractice lawsuit must be proven by a “preponderance of evidence.” Expert testimony is required to demonstrate “medical certainty” that the nurse’s breach was the cause of an actual injury.
Sample Cases Regarding Causation
Case 1
Janusz Osiecki was admitted to a subacute nursing facility to recover from Guillain-Barre syndrome. The standard of nursing care for this client included respiratory assessments and tracheostomy care. One morning, three weeks into his stay, he was found unresponsive, without pulse or respirations. His wife brought a wrongful death lawsuit, and expert witnesses testified the nurses breached the standard of care in not performing respiratory and tracheostomy assessments every two hours. Their rationale was that the purpose of the assessments was to detect and report pulmonary congestion, and if the nurses had done so in a timely manner, Mr. Osiecki could have received medical care that would have saved his life. A jury awarded the widow $577,005 for wrongful death and $250,000 for harm to family relationships. [41]
Case 2
A psychiatric patient identified as “C” was locked in a seclusion room after presenting to a hospital with psychosis and continuing bizarre behavior, hallucinations, irrationality, lack of contact with reality, and agitation. She was in the seclusion room undergoing treatment for over a week when she suffered a grand mal seizure. A psychiatrist ordered antipsychotic medication. The medication order was not noted by nursing staff until the next day, at which point it was discovered the medication was unavailable at the pharmacy. The psychiatrist was not made aware the medication was unavailable, and the patient went without the prescribed medication for three days. The nurses also did not notify the psychiatrist during those three days that C was becoming increasingly more agitated and hallucinating. On the fourth day, C attempted to leave the unit and told staff she was hearing voices instructing her to harm herself. She was returned to seclusion and remained there without being assessed or treated. Four hours later, she was found unconscious with her head wedged between the side rail and the mattress. She suffered brain damage that left her in a permanent semicomatose state.
C’s estate brought a lawsuit alleging it was negligent to leave C in a steel bed in a seclusion room without constant observation. The jury awarded $3.6 million. The hospital appealed, but the appellate court upheld the jury verdict and explained that particular injuries do not need to be foreseen, only the general harm that can occur. The court stated, “It is not extraordinary that a psychotic patient who is delusional…might wedge herself between a mattress and side rail in an attempt to hurt herself.” [42]
Implications for Nurses
Nurses can reduce their liability by adhering to professional standards and documenting their observations and communications. Nurses should always follow these standards [43] :
- Follow the chain of command when there are concerns about unclear or potentially unsafe orders. Pursue concerns to resolution, documenting precisely who is notified and at what times.
- Document observations to justify clinical decisions. Variance charting (i.e., only charting things that vary from the norm) does not provide sufficient evidence of compliance with the standards of care.
- Adhere to organizational policies and procedures with an understanding that a failure to do so creates foreseeable harm to patients.
Harm
The fourth element of malpractice is harm. In a civil lawsuit, after a plaintiff has established the nurse owed a duty to the patient and breached that duty and injury was caused by the nurse’s breach, they must prove the injury resulted in damages. They request repayment for what they have lost. [44]
There are several types of injuries for which patients or their representatives seek compensation. Injuries can be physical, emotional, financial, professional, marital, or any combination of these. Physical injuries include loss of function, disfigurement, physical or mental impairment, exacerbation of prior medical problems, the need for additional medical care, and death. Economic injuries can include lost wages, additional medical expenses, rehabilitation, durable medical expenses, the need for architectural changes to one’s home, the loss of earning capacity, the need to hire people to do things the plaintiff can no longer do, and the loss of financial support. Emotional injuries can include psychological damage, emotional distress, or other forms of mental suffering. [45]
Determining the specific amount a plaintiff needs can require expert witness testimony from a person known as a life care planner who is trained in analyzing and evaluating medical costs, as well as the subjective determination of a jury. Damages fall into several categories, including compensatory (economic) damages, noneconomic damages, and punitive damages. [46] See Figure 5.6 [47] for an illustration of damages.
Economic damages (also referred to as actual damages) can be quantified. They are intended to restore the plaintiff to the position they were in before being injured. Compensatory damages are objectively calculated to provide the plaintiff with the amount of money necessary to replace what was lost. [48]
Noneconomic damages are subjective and can include things such as emotional distress, pain and suffering, loss of enjoyment of life, reputation damage, loss of companionship, or loss of parental guidance. They are more difficult to quantify than economic damages. [49]
Punitive damages are awards not related to the actual injury but are intended to punish the defendant(s) and deter others from engaging in similar conduct. In professional malpractice cases, punitive damages are difficult for plaintiffs to obtain because they must be related to outrageous conduct, such as gross negligence, recklessness, willful actions, or fraud. [50]
Sample Case Related to Damages [51]
Betty Shiflett fell out of bed in the recovery room after undergoing knee surgery. Three days later, she reported a clicking sound and pain in her knee to one of the nurses. Although the nurse documented these symptoms, she did not convey the information to the physician. A physical therapist reported these symptoms to the physician a week later. The physician then identified a previously undiagnosed nondisplaced left tibial fracture that was now avulsed. Two additional surgeries were unsuccessful, and Betty remained disabled, confined to a wheelchair, and in chronic pain.
Betty and her husband filed a lawsuit alleging negligence for the fall and the nurse’s failure to report the symptoms to the physician. They also asserted a claim for a loss of consortium, meaning the spouse or family had also been harmed. The harm suffered is a loss of companionship, conjugal relations, support and services, or marital quality. The jury awarded total damages of $2,391,620 with the following breakdown:
- $791,620 for future medical expenses
- $800,000 for past noneconomic damages
- $500,000 for future noneconomic damages
- $300,000 for loss of consortium with spouse
Implications for Nurses
Nurses can reduce their liability exposure by following these principles [52] :
- Practicing according to current standards of practice.
- Maintaining professional liability insurance to provide coverage for events and licensure defense.
- Avoiding work-arounds or deviations from organizational policies and procedures.
- Maintaining clinical competency, including awareness of standard-of-practice changes.
- Engaging the chain of command with patient concerns and pursuing concerns to resolution.
- Documenting in a manner that permits accurate reconstruction of patient assessments, notification of others, and the sequence of events.
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- Brous, E. (2019). The elements of a nursing malpractice case, Part 1: Duty. American Journal of Nursing, 119 (7), 64–67. https://doi.org/10.1097/01.NAJ.0000569476.17357.f5 ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 1: Duty. American Journal of Nursing, 119 (7), 64–67. https://doi.org/10.1097/01.NAJ.0000569476.17357.f5 ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 2: Breach. American Journal of Nursing, 119 (9), 42–46. https://doi.org/10.1097/01.NAJ.0000580256.10914.2e ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 2: Breach. American Journal of Nursing, 119 (9), 42–46. https://doi.org/10.1097/01.NAJ.0000580256.10914.2e ↵
- Mello, M. M., Frakes, M. D., Blumenkranz, E., & Studdert, D. M. (2020). Malpractice liability and health care quality: A review. JAMA, 323 (4), 352–366. https://doi.org/10.1001/jama.2019.21411 ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 2: Breach. American Journal of Nursing, 11 9(9), 42–46. https://doi.org/10.1097/01.NAJ.0000580256.10914.2e ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 2: Breach. American Journal of Nursing, 119 (9), 42–46. https://doi.org/10.1097/01.NAJ.0000580256.10914.2e ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 3A: Causation: A plaintiff must prove not only that a provider departed from acceptable standards of practice--but that this departure caused an injury. American Journal of Nursing, 119 (11), 54–59. https://doi.org/10.1097/01.naj.0000605380.52689.af ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 3B: Causation. American Journal of Nursing, 12 0(1), 63–66. https://doi.org/10.1097/01.naj.0000652128.66135.55 ↵
- Brous, E. (2019). The elements of a nursing malpractice case, Part 3A: Causation: A plaintiff must prove not only that a provider departed from acceptable standards of practice--but that this departure caused an injury. American Journal of Nursing, 119 (11), 54–59. https://doi.org/10.1097/01.naj.0000605380.52689.af ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 3B: Causation. American Journal of Nursing, 12 0(1), 63–66. https://doi.org/10.1097/01.naj.0000652128.66135.55 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 3B: Causation. American Journal of Nursing, 12 0(1), 63–66. https://doi.org/10.1097/01.naj.0000652128.66135.55 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- “ damages.jpg ” by Nick Youngson hosted by Pix4free is licensed under CC BY-SA 3.0 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵
- Brous, E. (2020). The elements of a nursing malpractice case, Part 4: Harm. American Journal of Nursing, 120 (3), 61–64. https://doi.org/10.1097/01.naj.0000656360.21284.50 ↵


2.3: How is Plato a philosophical leader in education?
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By Laira Stewart
Learning Objectives
- Readers should be able to define the Socratic method
- Readers should be able to give an example of the dialectic method
- Readers should be able to describe Plato’s educational thought as outlined in The Republic
Overview of Plato
Considered by historians to be one of the most influential minds of Western thought, Plato described the Socratic method of instruction and further developed this dialectic method in his later years. (Smith, 1997). The Socratic method is basically a learning method using a question and answer dialogue between the teacher and student. The idea is that the ensuing debate exposes flaws in reasoning and brings forth a better understanding of the issue. Plato improved on the Socratic method in his later years and developed a philosophy of education as outlined in The Republic that became the hallmark of a European liberal arts education.
427 to 347 BC. Plato was born in Athens in 427BC. When his father died, his mother married, Pyrilampes, a friend of Pericles. Plato began to pursue a political career, but became disillusioned with the politics of the time. Evidently, he was good at athletics, poetry and drama. In 409 BC he met Socrates, and according to Plato, he was one of Socrates more outstanding students. Socrates did not follow the then current trend of the Sophist method of teaching which used rhetoric or persuasion to dictate learning to their students. The Sophists asked high fees for their teaching while Socrates charged nothing. Plato, while mistrustful of the Sophists did share their interest in investigating values rather than physical science. In 399 Socrates was brought to trial for corrupting the minds of youth because of his skepticism regarding religious deities. He was convicted and sentenced to death. Socrates committed suicide rather than face execution. Plato wrote about the trial and Socrates decision not to try to escape from prison. After this Plato traveled extensively studying religion, geometry and astronomy. In 387 BC he returned to Athens and founded a university that included philosophy, physical science, astronomy and mathematics. Plato also developed a philosophy of education for prospective rulers requiring them to be philosophers first and rulers second as detailed in The Republic He is thought to have died at the age of 80 in 347 BC. (GradeSaver).
Socratic Method
The Socratic method is a dialectic method of teaching, named after the Greek philosopher Socrates, in which the teacher uses questions to get the student to think about what he/she already knows and to realize what they do not know. This question and answer session stimulates the brain, engages the learner, and can bring new ideas to life. As one educator stated, “Think of it as the relentless pursuit of truth through unceasing questions. To engage in dialectic method, establish your goal to clearly understand truth and get on with it.” (Kern, 2008).
Today, law schools are trying to find better ways to teach their students the important concepts they will need in the future. The Socratic Method is one of the ways a lot of teachers have found to be most useful. Since the Socratic Method is the basis for which courts handle cases, it seems only fitting to have the students at a law school learn that way. In a court room a series of questions are asked to get the judge and/or jury to see the truth of the situation at hand. The teacher likes using the Socratic Method in their classes because they believe it helps the students get into the mind set of being a lawyer, plus they believe it helps the students learn and retain the information better. "One of the principle benefits that the Socratic Method confers is to allow large bodies of students to engage in "active learning." "Students learn better when they are actively involved in the learning process" rather than passively taking notes and the teacher dispenses information." (Jackson, 2007).
Note
Here are some Videos on Plato
These links will take you to some very interesting videos about Plato and Socrates.
1.
Watch this clip,
Plato
The Encyclopedia Channel. YouTube.
2.
Watch this clip,
Socrates
How Stuff Works.
3.
Watch this clip,
Socratic Method in Law school
Pacific McGeorge School of Law Faculty. YouTube.
Dialectic Method Example
The benefits of this method are that the student becomes engaged in the learning process and contributes in developing the answers (led by the teacher). This is in contrast to didactic learning in which the teacher tells the student what they need to know.
Begin with a question that has several possible answers or is ambiguous so that you can begin asking the question in different ways until the students reason out the answer you wish them to learn. Then encourage them to ask themselves other responses.
For example: High School class discussion after reading the Noah’s Ark story from the Old Testament:
Teacher: What is a covenant?
Possible answer: An agreement.
Teacher: I agree to meet you for lunch, is that a covenant?
Possible answer: Sort of.
Teacher: What was the covenant God made to Noah?

Teacher: Does a covenant imply something more than an agreement?
Possible answer: A promise
Teacher: Yes, a covenant is an agreement with a promise. I make an agreement to meet you for lunch and I promise to be there no matter what.
Notice in this example the student has come up with the answer. If the teacher had simply told the student the definition of a covenant, chances are the student would simply not care to remember the meaning. In this example, the student is more likely to remember the meaning since he/she was involved in finding the answer.
Note
Go to this link for a specific example that was used in a 3rd grade elementary math class.
Thoughts on the Republic
Plato believed that a teacher must care deeply for the student and have a good understanding of the subject being taught. In The Republic Plato outlines a lifelong learning process for rulers that begins with learning to read, write and do mathematics at age six. As the child grows music and sports are added. At age 18 military services are added. At age 30 the ruler should study philosophy and politics. It is not until age 50 that the ruler should rule. This lifelong liberal arts education would ensure that the ruler had experience and wisdom in order to make just decisions. The Republic is mostly about defining justice and the different types of justice. Only a philosopher-King can dispense the appropriate justice. This method of instruction became useful during the Middle Ages in the royal classes, and can be seen in the British royal family today. The British males are required to do military service, attend university, and work in civil service for many years before they take over the role of King. An interesting note is that the current Queen of England, Elizabeth, was reluctant to hand over the reins to Phillip until after he had a wife and family, and has not yet retired. (Jowett)
Note
Here are some other interesting links on Plato
These links will take you to some very interesting videos about Plato and Socrates.
1.
Click this link,
Plato Biography
Kraut.
2.
Click this link,
Plato Outline
Kemerling.
3.
Click this link,
Socratic Method in Law Schools
Jackson.
Summary
Both the Didactic and Dialectic methods are necessary for teaching. There are many times when telling the student what he/she needs to know is the only way to impart information. However, the dialectic method is essential for engaging students in interactive learning, in giving them some ownership of discovery in the learning process. The dialectic method can provide an opportunity for debate of issues, exploration of ideas and use of higher thinking skills. Since the object of learning is to be able to discern and make decisions based on knowledge, the dialectic method is critical for growth of knowledge.
Exercise \(\PageIndex{1}\)
1. Plato’s foremost contribution to education was:
a. Teaching royalty the proper way to dress
b. Use of the dialectic method
c. Use of the didactic method
d. Writing about Socrates life
2. An example of the dialectic method is:
a. Asking students what they know about widgets
b. Telling student about how a widget works
c. Telling students the history of the widget
d. Telling students why widgets are necessary
3. The best way to explain Plato’s educational ideal for a ruler as outlined in The Republic is:
a. A philosopher has the knowledge needed to bestow justice.
b. A philosopher should advise the king or ruler.
c. Justice can only be learned by hard work.
d. Justice is wasted on the old.
4. What is not an essential ingredient for the success of Plato’s method.
a. Asking a question
b. Caring about the student
c. Deep knowledge of your subject
d. Explain the answer
- Answer
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1) b
2) a
3) a
4) d
References
Anderson, Ronald D. (1994). Issues of Curriculum Reform in Science, Mathematics and Higher Order ...office of research, [Abstract]. US Department of education. Retrieved from http://books.google.com/books?id=hwmb_mqZgVQC&pg=PA44&lpg=PA44&dq=teach+by+asking+instead+of+telling&source=web&ots=WnZ-otfmkT&sig=chknfZ02MSgDTPQj0-oUwTU7XBY&hl=en&sa=X&oi=book_result&resnum=10&ct=result#PPA44,M1
Garlokov, Rick. The Socratic Method:Teaching by Asking Instead of by Telling. Retrieved September 22, 2008, from http://www.garlikov.com/Soc_Meth.html
GradeSaver. Plato. (n.d.) Harvard College. Retrieved October 5, 2008, from http://www.gradesaver.com/classicnotes/authors/about_plato.html
How Stuff Works. A Discovery Company. Ancient Greece: Socrates and Plato. (n.d.) [Video File]. Video posted to http://videos.howstuffworks.com/hsw/25880-ancient-greece-socrates-and-plato-video.htm
Jackson, Jeffrey D. ,Socrates and Langdell. (May 17, 2007). Legal Writg: Is the Socratic Method a Proper Tool for Legal Writg Courses?. California Western Law Review, Vol. 43, No. 2, pp. 267–308, Available at SSRN: http://ssrn.com/abstract=986343
Jowett, Benjamin. The Republic by Plato. Available from http://classics.mit.edu/Plato/republic.html
Kemerling, Garth. (Last updated on 9 August 2006). Plato. Philosophy Pages. Retrieved October 5, 2008, from http://www.philosophypages.com/ph/plat.htm
Kern, Andrew. Two Methods of Instruction. Articles from The Classical Teacher. Retrieved September 22, 2008. www.meuimoriapress.com/articles/twoinstuct.html
Kraut, Richard. (March 20, 2004). Plato. Stanford Encyclopedia of Philosophy. Retrieved October 5, 2008, from http://plato.stanford.edu/entries/plato/
Plato. (n.d.) The Internet Encyclopedia for Philosophy. Retrieved September 22, 2008, from http://www.iep.utm.edu/p/plato.htm
Smith, Mark K. (First published May 8, 1997. Last update: April 11, 2008). Plato. From http://www.infed.org/thinkers/et-plato.htm
University, of Chicago, The Law School. The Socratic Method (n.d.) Retrieved September 22, 2008, from www.law.uchicago.edu/socrates/method.html
YouTube. (July 13, 2008). Plato - Encyclopedia channel. (n.d.) [Video File]. Video posted to http://www.youtube.com/watch?v=1aWK_69ufbo
YouTube. (August 22, 2008). Pacific McGeorge School of Law Faculty on the Socratic Method. (n.d.) [Video File]. Video posted to http://www.youtube.com/watch?v=p9B_zYs_ZhY


17.12.31: Links to Primary Sources
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Fordham University’s Internet Medieval Sourcebook contains a wide variety of primary source documents from the Middle Ages (that is, 500 to 1500) hosted by Fordham University. From the main page one can find links based on period and category.
The Internet Medieval Sourcebook:
legacy.fordham.edu/Halsall/sbook.asp
Georgetown University’s The Labyrinth likewise contains a large selection of links to both primary sources and art and art historical materials. Some of the pages have succumbed to “link rot” due to the relative age of the site, but it remains one of the best collections of primary source material available online for free.
The Labyrinth:


12.2: Solvent Chemical Potentials from Phase Equilibria
Section 9.6.3 explained how we can evaluate the activity coefficient \(\g\mbB\) of a nonelectrolyte solute of a binary solution if we know the variation of the osmotic coefficient of the solution from infinite dilution to the molality of interest. A similar procedure for the mean ionic activity coefficient of an electrolyte solute was described in Sec. 10.6.
The physical measurements needed to find the osmotic coefficient \(\phi_m\) of a binary solution must be directed to the calculation of the quantity \(\mu\A^*-\mu\A\), the difference between the chemical potentials of the pure solvent and the solvent in the solution at the temperature and pressure of interest. This difference is positive, because the presence of the solute reduces the solvent’s chemical potential.
To calculate \(\phi_m\) from \(\mu\A^*-\mu\A\), we use Eq. 9.6.16 for a nonelectrolyte solute, or Eq. 10.6.1 for an electrolyte solute. Both equations are represented by \begin{equation} \phi_m=\frac{\mu\A^*-\mu\A}{RTM\A\nu m\B} \tag{12.2.1} \end{equation} where \(\nu\) for a nonelectrolyte is \(1\) and for an electrolyte is the number of ions per formula unit.
The sequence of steps, then, is (1) the determination of \(\mu\A^*-\mu\A\) over a range of molality at constant \(T\) and \(p\), (2) the conversion of these values to \(\phi_m\) using Eq. 12.2.1, and (3) the evaluation of the solute activity coefficient by a suitable integration from infinite dilution to the molality of interest.
A measurement of \(\mu\A^*-\mu\A\) also gives us the solvent activity coefficient, based on the pure-solvent reference state, through the relation \(\mu\A=\mu\A^*+RT\ln(\g\A x\A)\) (Eq. 9.5.15).
Sections 12.2.1 and 12.2.2 will describe freezing-point and osmotic-pressure measurements, two much-used methods for evaluating \(\mu\A^*-\mu\A\) in a binary solution at a given \(T\) and \(p\). The isopiestic vapor-pressure method was described in Sec. 9.6.4. The freezing-point and isopiestic vapor-pressure methods are often used for electrolyte solutions, and osmotic pressure is especially useful for solutions of macromolecules.
12.2.1 Freezing-point measurements
This section explains how we can evaluate \(\mu\A^*-\mu\A\) for a solution of a given composition at a given \(T\) and \(p\) from the freezing point of the solution combined with additional data obtained from calorimetric measurements.
Consider a binary solution of solvent A and solute B. We assume that when this solution is cooled at constant pressure and composition, the solid that first appears is pure A. For example, for a dilute aqueous solution the solid would be ice. The temperature at which solid A first appears is \(T\f\), the freezing point of the solution. This temperature is lower than the freezing point \(T\f^*\) of the pure solvent, a consequence of the lowering of \(\mu\A\) by the presence of the solute. Both \(T\f\) and \(T\f^*\) can be measured experimentally.
Let \(T'\) be a temperature of interest that is equal to or greater than \(T\f^*\). We wish to determine the value of \(\mu\A^*(\tx{l},T')-\mu\A(\tx{sln},T')\), where \(\mu\A^*(\tx{l},T')\) refers to pure liquid solvent and \(\mu\A(\tx{sln},T')\) refers to the solution.
A second method for evaluating \(\mu\A^*-\mu\A\) uses the solution property called osmotic pressure . A simple apparatus to measure the osmotic pressure of a binary solution is shown schematically in Fig. 12.2. The system consists of two liquid phases separated by a semipermeable membrane. Phase \(\pha\) is pure solvent and phase \(\phb\) is a solution with the same solvent at the same temperature. The semipermeable membrane is permeable to the solvent and impermeable to the solute.
The presence of the membrane makes this system different from the multiphase, multicomponent system of Sec. 9.2.7, used there to derive conditions for transfer equilibrium. By a modification of that procedure, we can derive the conditions of equilibrium for the present system. We take phase \(\phb\) as the reference phase because it includes both solvent and solute. In order to prevent expansion work in the isolated system, both pistons shown in the figure must be fixed in stationary positions. This keeps the volume of each phase constant: \(\dif V\aph=\dif V\bph=0\). Equation 9.2.41, expressing the total differential of the entropy in an isolated multiphase, multicomponent system, becomes \begin{equation} \dif S = \frac{T\bph-T\aph}{T\bph}\dif S\aph + \frac{\mu\A\bph-\mu\A\aph}{T\bph}\dif n\A\aph \tag{12.2.6} \end{equation} In an equilibrium state, the coefficients \((T\bph-T\aph)/T\bph\) and \((\mu\A\bph-\mu\A\aph)/T\bph\) must be zero. Therefore, in an equilibrium state the temperature is the same in both phases and the solvent has the same chemical potential in both phases. The presence of the membrane, however, allows the pressures of the two phases to be unequal in the equilibrium state.
Suppose we start with both phases shown in Fig. 12.2 at the same temperature and pressure. Under these conditions, the value of \(\mu\A\) is less in the solution than in the pure liquid, and a spontaneous flow of solvent will occur through the membrane from the pure solvent to the solution. This phenomenon is called osmosis (Greek for push ). If we move the right-hand piston down slightly in order to increase the pressure \(p''\) of the solution in phase \(\phb\), \(\mu\A\) increases in this phase. The osmotic pressure of the solution, \(\varPi\), is defined as the additional pressure the solution must have, compared to the pressure \(p'\) of the pure solvent at the same temperature, to establish an equilibrium state with no flow of solvent in either direction through the membrane: \(p'' = p' + \varPi\).
In practice, the membrane may not be completely impermeable to a solute. All that is required for the establishment of an equilibrium state with different pressures on either side of the membrane is that solvent transfer equilibrium be established on a short time scale compared to the period of observation, and that the amount of solute transferred during this period be negligible.
The osmotic pressure \(\varPi\) is an intensive property of a solution whose value depends on the solution’s temperature, pressure, and composition. Strictly speaking, \(\varPi\) in an equilibrium state of the system shown in Fig. 12.2 refers to the osmotic pressure of the solution at pressure \(p'\), the pressure of the pure solvent. In other words, the osmotic pressure of a solution at temperature \(T\) and pressure \(p'\) is the additional pressure that would have to be exerted on the solution to establish transfer equilibrium with pure solvent that has temperature \(T\) and pressure \(p'\). A solution has the property called osmotic pressure regardless of whether this additional pressure is actually present, just as a solution has a freezing point even when its actual temperature is different from the freezing point.
Because in an equilibrium state the solvent chemical potential must be the same on both sides of the semipermeable membrane, there is a relation between chemical potentials and osmotic pressure given by \begin{gather} \s{ \mu\A(p'') = \mu\A(p'+\varPi)=\mu\A^*(p') } \tag{12.2.7} \cond{(equilibrium state)} \end{gather} We can use this relation to derive an expression for \(\mu\A^*(p')-\mu\A(p')\) as a function of \(\varPi\). The dependence of \(\mu\A\) on pressure is given according to Eq. 9.2.49 by \begin{equation} \Pd{\mu\A}{p}{T,\allni} = V\A \tag{12.2.8} \end{equation} where \(V\A\) is the partial molar volume of the solvent in the solution. Rewriting this equation in the form \(\dif\mu\A=V\A\difp\) and integrating at constant temperature and composition from \(p'\) to \(p'+\varPi\), we obtain \begin{equation} \mu\A(p'+\varPi)-\mu\A(p')=\int_{p'}^{p'+\varPi}\!V\A\difp \tag{12.2.9} \end{equation} Substitution from Eq. 12.2.7 changes this to \begin{gather} \s {\mu\A^*(p')-\mu\A(p')=\int_{p'}^{p'+\varPi}\!V\A\difp } \tag{12.2.10} \cond{(constant \(T\))} \end{gather} which is the desired expression for \(\mu\A^*-\mu\A\) at a single temperature and pressure. To evaluate the integral, we need an experimental value of the osmotic pressure \(\varPi\) of the solution. If we assume \(V\A\) is constant in the pressure range from \(p'\) to \(p'+\varPi\), Eq. 12.2.10 becomes simply \begin{equation} \mu\A^*(p')-\mu\A(p') = V\A\varPi \tag{12.2.11} \end{equation}


2.5C: Experiments
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Experiments are tests designed to prove or disprove a hypothesis by controlling for pertinent variables.
Learning Objectives
- Compare and contrast how hypotheses are being tested in sociology and in the hard sciences
Key Points
- Experiments are controlled tests designed to prove or disprove a hypothesis.
- A hypothesis is a prediction or an idea that has not yet been tested.
- Researchers must attempt to identify everything that might influence the results of an experiment, and do their best to neutralize the effects of everything except the topic of study.
- Since social scientists do not seek to isolate variables in the same way that the hard sciences do, sociologists create the equivalent of an experimental control via statistical techniques that are applied after data is gathered.
- A control is when two identical experiments are conducted and the factor being tested is varied in only one of these experiments.
Key Terms
- control : A separate group or subject in an experiment against which the results are compared where the primary variable is low or nonexistent.
- experiment : A test under controlled conditions made to either demonstrate a known truth, examine the validity of a hypothesis, or determine the efficacy of something previously untried.
- hypothesis : Used loosely, a tentative conjecture explaining an observation, phenomenon, or scientific problem that can be tested by further observation, investigation, or experimentation.
Scientists form a hypothesis, which is a prediction or an idea that has not yet been tested. In order to prove or disprove the hypothesis, scientists must perform experiments. The experiment is a controlled test designed specifically to prove or disprove the hypothesis. Before undertaking the experiment, researchers must attempt to identify everything that might influence the results of an experiment and do their best to neutralize the effects of everything except the topic of study. This is done through the introduction of an experimental control: two virtually identical experiments are run, in only one of which the factor being tested is varied. This serves to further isolate any causal phenomena.
Of course, an experiment is not an absolute requirement. In observation based fields of science, actual experiments must be designed differently than for the classical laboratory based sciences. Due to ethical concerns and the sheer cost of manipulating large segments of society, sociologists often turn to other methods for testing hypotheses.
Since sociologists do not seek to isolate variables in the same way that hard sciences do, this kind of control is often done via statistical techniques, such as regressions, applied after data is gathered. Direct experimentation is thus fairly rare in sociology.
Scientists must assume an attitude of openness and accountability on the part of those conducting an experiment. It is essential to keep detailed records in order to facilitate reporting on the experimental results and provide evidence of the effectiveness and integrity of the procedure.


20.3: Fossil Fuels
There are numerous types of fossil fuels, but all of them involve the storage of organic matter in sediments or sedimentary rocks. Fossil fuels are rich in carbon and almost all of that carbon ultimately originates from CO 2 taken out of the atmosphere during photosynthesis. That process, driven by solar energy, involves reduction (the opposite of oxidation) of the carbon, resulting in it being combined with hydrogen instead of oxygen. The resulting organic matter is made up of complex and varied carbohydrate molecules.
Most organic matter is oxidized back to CO 2 relatively quickly (within weeks or years in most cases), but any of it that gets isolated from the oxygen of the atmosphere (for example, deep in the ocean or in a stagnant bog) may last long enough to be buried by sediments and, if so, may be preserved for tens to hundreds of millions of years. Under natural conditions, that means it will be stored until those rocks are eventually exposed at the surface and weathered.
In this section, we’ll discuss the origins and extraction of the important fossils fuels, including coal, oil, and gas. Coal, the first fossil fuel to be widely used, forms mostly on land in swampy areas adjacent to rivers and deltas in areas with humid tropical to temperate climates. The vigorous growth of vegetation leads to an abundance of organic matter that accumulates within stagnant water, and thus does not decay and oxidize. This situation, where the dead organic matter is submerged in oxygen-poor water, must be maintained for centuries to millennia in order for enough material to accumulate to form a thick layer (Figure \(\PageIndex{1}\)a). At some point, the swamp deposit is covered with more sediment — typically because a river changes its course or sea level rises (Figure \(\PageIndex{1}\)b). As more sediments are added, the organic matter starts to become compressed and heated. Low-grade lignite coal forms at depths between a few 100 m and 1,500 m and temperatures up to about 50°C (Figure \(\PageIndex{1}\)c). At between 1,000 m to 5,000 m depth and temperatures up to 150°C m, bituminous coal forms (Figure \(\PageIndex{1}\)d). At depths beyond 5,000 m and temperatures over 150°C, anthracite coal forms.
There are significant coal deposits in many parts of Canada, including the Maritimes, Ontario, Saskatchewan, Alberta, and British Columbia. In Alberta and Saskatchewan, much of the coal is used for electricity generation. Coal from the Highvale Mine (Figure \(\PageIndex{2}\)), Canada’s largest, is used to feed the Sundance and Keephills power stations west of Edmonton. Almost all of the coal mined in British Columbia is exported for use in manufacturing steel.
While almost all coal forms on land from terrestrial vegetation, most oil and gas is derived primarily from marine micro-organisms that accumulate within sea-floor sediments. In areas where marine productivity is high, dead organic matter is delivered to the sea floor fast enough that some of it escapes oxidation. This material accumulates in the muddy sediments, which become buried to significant depth beneath other sediments.
As the depth of burial increases, so does the temperature—due to the geothermal gradient—and gradually the organic matter within the sediments is converted to hydrocarbons (Figure \(\PageIndex{3}\)). The first stage is the biological production (involving anaerobic bacteria) of methane. Most of this escapes back to the surface, but some is trapped in methane hydrates near the sea floor. At depths beyond about 2 km, and at temperatures ranging from 60° to 120°C, the organic matter is converted by chemical processes to oil. This depth and temperature range is known as the oil window . Beyond 120°C most of the organic matter is chemically converted to methane.
The organic matter-bearing rock within which the formation of gas and oil takes place is known to petroleum geologists as the source rock . Both liquid oil and gaseous methane are lighter than water, so as liquids and gases form, they tend to move slowly toward the surface, out of the source rock and into reservoir rocks . Reservoir rocks are typically relatively permeable because that allows migration of the fluids from the source rocks, and also facilitates recovery of the oil or gas. In some cases, the liquids and gases make it all the way to the surface, where they are oxidized, and the carbon is returned to the atmosphere. But in other cases, they are contained by overlying impermeable rocks (e.g., mudrock) in situations where anticlines, faults, stratigraphy changes, and reefs or salt domes create traps (Figure \(\PageIndex{4}\)).
The liquids and gases that are trapped within reservoirs become separated into layers based on their density, with gas rising to the top, oil below it, and water underneath the oil. The proportions of oil and gas depend primarily on the temperature in the source rocks. Some petroleum fields, such as many of those in Alberta, are dominated by oil, while others, notably those in northeastern B.C., are dominated by gas.
In general, petroleum fields are not visible from the surface, and their discovery involves the search for structures in the subsurface that have the potential to form traps. Seismic surveys are the most commonly used tool for early-stage petroleum exploration, as they can reveal important information about the stratigraphy and structural geology of subsurface sedimentary rocks. An example from the Gulf of Mexico south of Texas is shown in Figure \(\PageIndex{5}\). In this area, a thick evaporite deposit (“salt”) has formed domes because salt is lighter than other sediments and tends to rise slowly toward the surface; this has created traps. The sequence of deformed rocks is capped with a layer of undeformed rock.
The cross-section shown in Figure \(\PageIndex{6}\) is from a ship-borne seismic survey in the Bering Sea off the west coast of Alaska. As a petroleum geologist, it’s your job to pick two separate locations to drill for oil or gas. Which locations would you choose?
See Appendix 3 for Exercise 20.4 answers .
The type of oil and gas reservoirs illustrated in Figures 20.3.4 and 20.3.5 are described as conventional reserves. Some unconventional types of oil and gas include oil sands, shale gas, and coal-bed methane.
Oil sands are important because the reserves in Alberta are extremely large (the largest single reserve of oil in the world), but they are very controversial from an environmental and social perspective. They are “unconventional” because the oil is exposed near the surface and is highly viscous because of microbial changes that have taken place at the surface. The hydrocarbons that form this reserve originated in deeply buried Paleozoic rocks adjacent to the Rocky Mountains and migrated up and toward the east (Figure \(\PageIndex{7}\)).
The oil sands are controversial primarily because of the environmental cost of their extraction. Since the oil is so viscous, it requires heat to make it sufficiently liquid to process. This energy comes from gas; approximately 25 m 3 of gas is used to produce 0.16 m 3 (one barrel) of oil. (That’s not quite as bad as it sounds, as the energy equivalent of the required gas is about 20% of the energy embodied in the produced oil.) The other environmental cost of oil sands production is the devastation of vast areas of land where strip-mining is taking place and tailings ponds are constructed, and the unavoidable release of contaminants into the groundwater and rivers of the region.
At present, most oil recovery from oil sands is achieved by mining the sand and processing it on site. Exploitation of oil sand that is not exposed at the surface depends on in situ processes, an example being the injection of steam into the oil-sand layer to reduce the viscosity of the oil so that it can be pumped to the surface.
Shale gas is gas that is trapped within rock that is too impermeable for the gas to escape under normal conditions, and it can only be extracted by fracturing the reservoir rock using water and chemicals under extremely high pressure. This procedure is known as hydraulic fracturing or “ fracking .” Fracking is controversial because of the volume of water used, and because, in some jurisdictions, the fracking companies are not required to disclose the nature of the chemicals used. Although fracking is typically done at significant depths, there is always the risk that overlying water-supply aquifers could be contaminated (Figure \(\PageIndex{8}\)). Fracking also induces low-level seismicity.
During the process that converts organic matter to coal, some methane is produced, which is stored within the pores of the coal. When coal is mined, methane is released into the mine where it can become a serious explosion hazard. Modern coal-mining machines have methane detectors on them and actually stop operating if the methane levels are dangerous. It is possible to extract the methane from coal beds without mining the coal; gas recovered this way is known as coal-bed methane .
Media Attributions
- Figures 20.3.1, 20.3.2, 20.3.3, 20.3.4: © Steven Earle. CC BY.
- Figure \(\PageIndex{5}\): “ Sedimentary basin analysis ” © AAPG. Based on data from Lovely and Ruggiero. CC BY-SA.
- Figure \(\PageIndex{6}\): Image from the USGS. Public domain.
- Figure \(\PageIndex{7}\): © Steven Earle. CC BY.
- Figure \(\PageIndex{8}\): “ HydroFrac2 ” © Mikenorton . Adapted by Steven Earle. CC BY-SA.


7.9: Discussion- Public Speaking
Part 1: Your Presentation
Your task is to create a five minute presentation supported by PowerPoint slides. Imagine you are the general manager of a grocery or clothing store and you are going to conduct a team meeting to teach your staff about a new policy or procedure. Select one of the following topics for your presentation:
- a new loss prevention policy
- a new promotional strategy
- a new cash handling policy
If you wish do present on a different topic you must first get permission from your instructor.
Your PowerPoint presentation should have a minimum of 4 slides: a title page, content slides, and conclusion.You will present your visual essay to the class. Please email the instructor a copy before class on the due date. You will also post your presentation in the discussion board for your classmates to provide feedback.
Part 2: Peer Feedback
Choose at least two of your classmates’ presentations to review. You will review both their slides and their presentation, so make sure to take notes during your peers’ presentations! You will write feedback (minimum 150 words) for each classmate based on the following questions:
- Does the speaker read each slide verbatim or include additional information than the content on the slides?
- Do they have the minimum number of required slides?
- Is there presentation the required length? (5 minutes +/− 30 seconds)?
- How is the speakers volume, speed of speech, and clarity?
- What is successful or unsuccessful about layout and look of the slides?
- Are there any grammatical or spelling errors in the slides?
Grading Rubric
| Criteria | Not Evident | Developing | Exemplary | Points |
|---|---|---|---|---|
| Submit your slide deck |
0 pts
No slide deck submitted |
5 pts
Slide deck does not have at least 4 slides |
10 pts
Slide deck has at least 4 slides focused on a central theme |
10 pts |
| Present within the allotted time |
0 pts
No presentation completed |
5 pts
Presentation is either 30 second under or over 5 minutes |
10 pts
Presentation is within 30 seconds of the required 5-minute length |
10 pts |
| Speak with appropriate volume, speed, and clarity |
0 pts
No presentation completed |
5 pts
Presentation cannot be heard, is too fast or too slow, or cannot be understood |
10 pts
Presentation is spoken at an adequate volume, speed, and clarity |
10 pts |
| Present your slides effectively |
0 pts
No presentation completed |
5 pts
Presentation is disjointed, unprofessional, or too reliant on slide deck text |
10 pts
Presentation is professional and feels cohesive |
10 pts |
| Analyze at least two peers’ presentations |
0 pts
No response to peers |
5
pts
Responded to only one peer |
10 pts
Responded to two peers |
10 pts |
| Total: | 50 pts |


22.5: Land Use Regulation
A nuisance is a condition or situation, such as a loud noise or foul odor, that interferes with the use or enjoyment of property. Courts balance the utility of the act that is causing the problem against the harm done to neighboring property owners. For example, restrictions exist on when manufacturing plants may operate to not interfere with sleeping patterns of neighbors.
Nuisance can be both intentional and unintentional, as well as public or private. A public nuisance is an unreasonable interference with a right common to the general public, such as a condition dangerous to the public’s health or a restriction on the public’s access to public property. Many jurisdictions also include conduct that is offensive to the community’s moral standard to regulate the placement of adult industries in residential neighborhoods. Public nuisance claims often include manufacturing noises, smoke and smells. A private nuisance is a condition that interferes with a person’s enjoyment of their property that does not involve a trespass. For example, cigarette smoke entering a neighbor’s house from a smoker on an adjacent property is a private nuisance.
Figure 22.4 Public Nuisance Street Sign
Figure 22.5 Private Nuisance Example
Most states have passed laws that allow local governments to regulate zoning. Zoning ordinances are laws passed by counties, cities, and municipalities that regulate land development. These ordinances determine whether commercial or residential buildings can be built in an area, how tall buildings may be, and how much green space must be maintained. They also apply to existing buildings and regulate whether a building may be converted from residential property to commercial, as well as what type of commercial property it may be. For example, many zoning ordinances regulate the types of businesses that may be located next to schools and hospitals.
Eminent domain is the power of the government to take private property for public use. A governmental entity may need to build or expand highways, public transport systems, or public housing. To address the public’s need, the government can take private property and use it for the good of the community. All levels of government–federal, state, and local–have the power of eminent domain. The Fifth Amendment of the US Constitution requires that any owners of private property taken for public use must be given “just compensation.” Just compensation means fair market value for the land.


1.3: Intervals
Introduction
An interval is the distance in pitch between two notes. The smallest interval is a semitone. This is the distance between, for example, C and C#.
An interval is the relationship between two separate musical pitches. For example, in the melody “Twinkle Twinkle Little Star,” the first two notes (the first “twinkle”) and the second two notes (the second “twinkle”) are at the interval of one fifth. What this means is that if the first two notes were the pitch C, the second two notes would be the pitch “G”—four scale notes, or seven chromatic notes (a perfect fifth), above it.
Please listen to the following audio file to hear the intervals in “Twinkle Twinkle Little Star”
Common Intervals
The following are common intervals:
| Root | Major third | Minor third | Fifth |
|---|---|---|---|
| C | E | E ♭ | G |
| D ♭ | F | F ♭ | A ♭ |
| D | F ♯ | F | A |
| E ♭ | G | G ♭ | B ♭ |
| E | G ♯ | G | B |
| F | A | A ♭ | C |
| F ♯ | A ♯ | A | C ♯ |
| G | B | B ♭ | D |
| A ♭ | C | C ♭ | E ♭ |
| A | C ♯ | C | E |
| B ♭ | D | D ♭ | F |
| B | D ♯ | D | F ♯ |
Compound Intervals
In the musical scale, there are twelve pitches; the names A, B, C, D, E, F, and G. When the intervals surpass the perfect Octave (12 semitones), these intervals are called compound intervals , which include particularly the 9th, 11th, and 13th intervals—widely used in jazz and blues music.
Compound intervals are formed and named as follows:
- 2nd + Octave = 9th
- 3rd + octave = 10th
- 4th + Octave = 11th
- 5th + octave = 12th
- 6th + Octave = 13th
- 7th + octave = 14th
Consonant and Dissonant Intervals
Consonance in music, is when a combination of notes sounds pleasant. Examples of consonant intervals is music played in unison, major and minor thirds, perfect fourths and fifths, major and minor sixths, and octaves.
Dissonance is a combination of notes that sound unpleasant or harsh. Dissonant interval examples are major and minor seconds, tritone, and major and minor sevenths.
The consonant intervals are considered the perfect unison, octave, fifth, fourth and major and minor third and sixth, and their compound forms. An interval is referred to as “perfect” when the harmonic relationship is found in the natural overtone series (namely, the unison 1:1, octave 2:1, fifth 3:2, and fourth 4:3). The other basic intervals (second, third, sixth, and seventh) are called “imperfect” because the harmonic relationships are not found mathematically exact in the overtone series. In classical music the perfect fourth above the bass may be considered dissonant when its function is contrapuntal.
Other intervals, the second and the seventh (and their compound forms) are considered dissonant and require resolution (of the produced tension) and usually preparation (depending on the music style used). It should be noted that the effect of dissonance is perceived relatively within musical context: for example, a major seventh interval alone (i.e. C up to B) may be perceived as dissonant, but the same interval as part of a major seventh chord may sound relatively consonant. A tritone (the interval of the fourth step to the seventh step of the major scale, i.e. F to B) sounds very dissonant alone, but less so within the context of a dominant seventh chord (G7 or D ♭ 7 in that example).
Theory Lesson: Intervals
Please click on the following link to participate in an interactive lesson on intervals: Specific Intervals


2.2.8: Summary and Exercises
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Summary
The hallmark of the corporate form of business enterprise is limited liability for its owners. Other features of corporations are separation of ownership and management, perpetual existence, and easy transferability of interests. In the early years of the common law, corporations were thought to be creatures of sovereign power and could be created only by state grant. But by the late nineteenth century, corporations could be formed by complying with the requirements of general corporation statutes in virtually every state. Today the standard is the Revised Model Business Corporation Act.
The corporation, as a legal entity, has many of the usual rights accorded natural persons. The principle of limited liability is broad but not absolute: when the corporation is used to commit a fraud or an injustice or when the corporation does not act as if it were one, the courts will pierce the corporate veil and pin liability on stockholders.
Besides the usual business corporation, there are other forms, including not-for-profit corporations and professional corporations. Business corporations are classified into two types: publicly held and closely held corporations.
To form a corporation, the would-be stockholders must choose the state in which they wish to incorporate. The goal of the incorporation process is issuance of a corporate charter. The charter is a contract between the state and the corporation. Although the Constitution prohibits states from impairing the obligation of contracts, states reserve the right to modify corporate charters.
The corporation is created by the incorporators (or promoters), who raise capital, enter into contracts on behalf of the corporation to be formed, and prepare the articles of incorporation. The promoters are personally liable on the contracts they enter into before the corporation is formed. Incorporators owe a fiduciary duty to each other, to investors, and to the corporation.
The articles of incorporation typically contain a number of features, including the corporate name, corporate purposes, total number of shares and classes into which they are divided, par value, and the like. The name must include one of the following words (or abbreviations): corporation, company, incorporated, or limited (Corp., Co., Inc., or Ltd.). The articles of incorporation must be filed with the secretary of state. Once they have been filed, the board of directors named in the articles must adopt bylaws, elect officers, and conduct other necessary business. The directors are empowered to alter the bylaws, subject to repeal or change by the shareholders.
Even if the formal prerequisites to incorporation are lacking, a de facto corporation will be held to have been formed if (1) a statute exists under which the corporation could have been validly incorporated, (2) the promoters made a bona fide attempt to comply with the statute, and (3) a corporate privilege was exercised. Under appropriate circumstances, a corporation will be held to exist by estoppel.
Exercises
- Two young business school graduates, Laverne and Shirley, form a consulting firm. In deciding between the partnership and corporation form of organization, they are especially concerned about personal liability for giving bad advice to their clients; that is, in the event they are sued, they want to prevent plaintiffs from taking their personal assets to satisfy judgments against the firm. Which form of organization would you recommend? Why?
- Assume that Laverne and Shirley in Exercise 1 must negotiate a large loan from a local bank in order to finance their firm. A friend advises them that they should incorporate in order to avoid personal liability for the loan. Is this good advice? Why?
- Assume that Laverne and Shirley decide to form a corporation. Before the incorporation process is complete, Laverne enters into a contract on behalf of the corporation to purchase office furniture and equipment for $20,000. After the incorporation process has been completed, the corporation formally accepts the contract made by Laverne. Is Laverne personally liable on the contract before corporate acceptance? After corporate acceptance? Why?
- Assume that Laverne and Shirley have incorporated their business. One afternoon, an old college friend visits Shirley at the office. Shirley and her friend decide to go out for dinner to discuss old times. Shirley, being short of cash, takes money from a petty cash box to pay for dinner. (She first obtains permission from Laverne, who has done the same thing many times in the past.) Over dinner, Shirley learns that her friend is now an IRS agent and is investigating Shirley’s corporation. What problems does Shirley face in the investigation? Why?
- Assume that Laverne and Shirley prepare articles of incorporation but forget to send the articles to the appropriate state office. A few months after they begin to operate their consulting business as a corporation, Laverne visits a client. After her meeting, in driving out of a parking lot, Laverne inadvertently backs her car over the client, causing serious bodily harm. Is Shirley liable for the accident? Why?
- Ralph, a resident of Oklahoma, was injured when using a consumer product manufactured by a corporation whose principal offices were in Tulsa. Since his damages exceeded $10,000, he filed a products-liability action against the company, which was incorporated in Delaware, in federal court. Does the federal court have jurisdiction? Why?
- Alice is the president and only shareholder of a corporation. The IRS is investigating Alice and demands that she produce her corporate records. Alice refuses, pleading the Fifth Amendment privilege against self-incrimination. May the IRS force Alice to turn over her corporate records? Why?
SELF CHECK QUESTIONS
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In comparing partnerships with corporations, the major factor favoring the corporate form is
- ease of formation
- flexible financing
- limited liability
- control of the business by investors
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A corporation with no part of its income distributable to its members, directors, or officers is called
- a publicly held corporation
- a closely held corporation
- a professional corporation
- a nonprofit corporation
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A corporation in which stock is widely held or available through a national or regional stock exchange is called
- a publicly held corporation
- a closely held corporation
- a public corporation
- none of the above
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Essential to the formation of a de facto corporation is
- a statute under which the corporation could have been validly incorporated
- promoters who make a bona fide attempt to comply with the corporation statute
- the use or exercise of corporate powers
- each of the above
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Even when incorporators miss important steps, it is possible to create
- a corporation by estoppel
- a de jure corporation
- an S corporation
- none of the above
AnswerS
- c
- d
- a
- d
- a