METHODICAL INSTRUCTION FOR STUDENTS OF THE I^st COURSE

 

On «Law and Health Law»

Department of Medical Law

For the International students

Of Nursing School

 

 

LESSON № 2 BASICS OF LAW (Practical – 6 hours)

 

Theme: Basics of Law

v                Environmental Legislation.

v                Agricultural Legislation of Ukraine.

v                Basics of Business Law.

v                Financial Legislation.

v                Basics of Administrative Law.

v                Criminal Legislation.

Aim:

v                to offer to freshmen the general and basic knowledge about law, to show them how the law functions as a hierarchy dynamic structure, how the state and the law are permeated and connected in the state legal order;

v                to explain (in theoretical-legal sense) the need of law to be guaranteed by public force and the need of state to be moralized by law;

v                to enable to understand why political life must unfold within the borders of (correct) law.

 

Professional orientation of students:

Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law.

The main branches of medical law are the law on confidentiality, negligence and torts in relation to medical treatment (most notably medical malpractice), and criminal law in the field of medical practice and treatment. Ethics and medical practice is a growing field.

Medical ethics is a system of moral principles that apply values and judgments to the practice of medicine. As a scholarly discipline, medical ethics encompasses its practical application in clinical settings as well as work on its history, philosophy, theology, and sociology.

 

Initial level of knowledge:

v                basic terms and categories;

v                historical foundations, major contributors and current issues related to knowledge and practice;

v                models, theories, philosophies, and research methods that form the basis for special education practice

 

I.               Practical studies – 9⁰⁰-12⁰⁰ am. (4 hours)

Illustrative materials:

v                Tables

v                Code

v                Educational video information

 

Methods of Practical work:

v                Work in pairs

v                Creative of situational tasks and solving them

v                Preparation for discussion

 

The individual students program:

I. Read and learn the information in the lecture materials.

II. Answer the questions in the list.

III. The list of topics & projects:

v   Basic stages of Ukrainian Basics of Law.

v  

 

 

Practical tasks and skills of students:

Students are expected to understand correctly the relation among state, law and politics, to notice and define their spheres of action – independent, overlapping and constraining. Within this course, students should also learn to recognize the conceptual forms of state institutions and legal institutes, as well as their value potential, and in that sense to master the basic legal terminology. In contemporary circumstances, it is not possible to imagine a modern political scientist who is not «supplied» with basic legal knowledge, or a good political scientist who does not have a clear awareness that the law is a tool which can equally well «build a roof and dig a grave. »

 

II.               Seminar discussion of theoretical issues 12³⁰ – 14⁰⁰ pm. (2 hours)

The list of questions:

1.    What is Environmental Legislation?

2.                                    What are the basic concepts of Environmental Legislation?

3.                                    Political, state, and public power in modern society.

4.                                    What is the structure of Basics of Law?

5.                                    What are the functions of Basics of Law?

6.                                    What is Basics of Law?

7.                                    What is the subject and object of Basic of Law?

8.                                    What is the structure of Basics of Law as a science?

9.                                    Speak upon the methodological basis of Basics of Law.

10.       State functions of Basics of Law.

11.       What is a state?

12.     What is the state characterized by?

13.     What are the basic principles of state functioning?

14.     What are the theories of state origin?

15.     What are the main state features?

 

16.     What are the main state functions?

17      What forms of state government do you know?

18      What types of state do you know?

 

III.           Test evaluation  and situational tasks:

Initial level of knowledge and skills are checked by solving situational tasks for each topic, answers in test evaluations and constructive questions. (The instructor has tests and situational tasks).

 

1.                 One of the leading political ideologies of the past several centuries has been that of liberalism. In short, liberalism promotes the ideas of maximum freedom of choice and minimal government involvement in the lives of citizens. Which of these famous political theorists was a proponent of the liberal philosophy?

A.               Karl Marx

B.                Adam Smith

C.               Friedrich Nietzsche

D.               Mikhail Bakunin

E.                Karl Smith

 

2.                 Theories abound regarding how the modern concept of the nation-state was developed (complete with the development of modern nationalism). Which of these political theorists developed the concept of ‘imagined communities’ to explain the rise of moderationalism?

A.               Robert Anderson

B.                Robert Putnam

C.               Benedict Anderson

D.               Alexander Gerschenkron

E.                Jurgen Habermas

 

3.                 All nation-states act in self-interest.

A.               Liberalism & Realism

B.                Liberalism

C.               Realism

D.               Globalism

E.                Socialism

 

4.                 Cooperation betweeation states is possible, and desirable.

A.               Globalism & Liberalism

B.                Globalism

C.               Liberalism

D.               Realism

E.                Socialism

 

5.                 Which of the following best defines the term ‘law’?

A.               A set of rules that must be followed

B.                A set of rules that we can decide to follow

C.               Rules made by Parliament

D.               None of the above

E.                A set of rules

 

6.                 Which of the following is a reason why the law may change?

A.               Government policy

B.                Pressure groups

C.               A requirement from the European Union

D.               All of the above

E.                None of the above

 

7.                 Which of the following is an example of public law?

A.               Constitutional Law

B.                Contract Law

C.               The Law of Tort

D.               Family Law

E.                None of the above

 

8.                 Which of the following is an example of private law?

A.               Constitutional Law

B.                Administrative Law

C.               Contract Law

D.               Criminal Law

E.                None of the above

 

9.                 Which of the following best describes the term ‘criminal law’?

A.               Conduct of which the state disapproves

B.                Conduct of which an individual disapproves

C.               A method of settling disputes between two parties

D.               A method of protecting an individual

E.                None of the above

 

10.             The struggle between which two opposing forces did Marx say was the main contradiction within capitalist society?

A.               unionized workers and non-unionized workers

B.                Christianity and Atheism

C.               the bourgeoisie and the proletariat

D.               the workers and the peasants

E.                peasants

 

11.             Complete this sentence from one of Marx’s early works: “The philosophers have only interpreted the world, in various ways;________”

A.               the dispute

B.                the standpoint of the new is human society, or socialized humanity.

C.               the point, however, is to change it.

D.               the dispute over the reality or non-reality of thinking isolated from practice is a purely scholastic question.

E.                but the human essence is no abstraction inherent in each single individual.

 

12.             Marx was the first to rigorously examine the workings of the capitalist system and uncover the mechanics of exploitation. Marx discovered that workers are only paid for a portion of what they produce–basically enough for them to survive and work another day. The rest of what they produce is appropriated by the capitalist. What is this appropriated amount called?

A.               value

B.                surplus value

C.               socially necessary labor

D.               exploitation

E.                labor power

 

 

IV.            Individual work 14¹⁵ – 15⁰⁰ (1 hour)

Correct answers for tests and situational tasks:

1.                 B.

2.                 C.

3.                 C.

4.                 C.

5.                 A.

6.                 D.

7.                 A.

8.                 C.

9.                 A.

10.            C.

11.            C.

12.            B.

 

Initial level of knowledge and skills:

Students should know:

– Basic theories of state and law origin.

– Definitions & terms to the theme.

– Basics principals of law

Be able to:

– determine Law in different sciences;

– analyze & to discuss new material;

– describe Basic theories of state and law origin;

– proper answering questions on the lecture;

– asking and answering questions on the theme;

– making communication on the theme;

– preparing summary of the articles of the theme.

 

The evaluation types and the criteria for the student evaluation.

Test evaluation includes the current and semester evaluation.

The current evaluation is conducted during practical classes to check the students’ knowledge level. The current evaluation types include oral evaluation, situational tasks, multiple choice tests, practical activity. The introductory, intermediate and final students’ knowledge level is evaluated. The evaluation results are written in the class register.

The students are evaluated according to the 12 – point evaluative scale:

10 – 12 points (the mark («excellent») are given to the students who have acquired the theoretical knowledge according to the syllabus; who have applied it practically  and who have passed the practical skills.  

7 – 9 points (the mark «good») are given to the students who have acquired the theoretical knowledge according to the syllabus; who have applied it practically  and who have passed the practical skills but with some insignificant mistakes.

4 – 6 points (the mark «satisfactory») are given to the students who have acquired the theoretical knowledge according to the syllabus; who have applied it practically but some serious mistakes have occurred during the evaluation.

1 – 3 points (the mark «unsatisfactory») are given to the students who have not acquired the theoretical knowledge according to the syllabus and who have to improve their practical skills during the students’ individual work.

 

Maximal points for the students’ class activity during the semester make up 120.

 

The student is allowed to take the final module evaluation with the minimal points for the students’ class activity during the semester which makes up 40 points. The average points for the semester activity are meant to be not less than 4 points according to the 12 – point evaluative scale.

 

The final module evaluation is considered to be passed if the student gets not less than 50 points out of 80 points.

The unified evaluative scale for the students

 

 

 

The Ukrainian evaluative scale in correspondence with ЕSCТ:

 A.    Assignments:

1. Unit Tests……………………………..50%

2. Student presentation …………….10%

3. Final Examination…………………….40%

NOTE: Also considered essential are classroom participation, readings,                                                   audiovisuals, website reviews, and additional occasional activities as assigned which may be distributed in class at a later time and are not included in the syllabus.

B.                                                 Grading Scale:

% of points	Letter Grade (US)	1-12 Points Grade (UA)	0-4 Points (UA)
92-100	A	10.5-12	5 (Excellent)
89-91	B+	9.5-10.4	5-(Excellent)
85-88	B	7.5-9.4	4 (Good)
82-84	C+	6.5-7.4	4-(Good)
78-81	C	5.5-6.4	3 (Satisfactory)
77-75	D+	3.5 – 5.4	3 – (Satisfactory
70-74	D	2.5-3.4	2 (Failed)
69 and below	F	1.1 -2.4	2-(Failed)

 

 

BIBLIOGRAPHY:

A. Principal:

1. Law Dictionary: Mass Market Edition (Barron’s Legal Guides),
Stephen H. Gifis.

 

2. Universal Human rights in Theory and Practice,

Jack Donnelly.

 

3. From Modernization to Globalization. Social perspectives on International Development // J. Timons, Amy Hite. – Blackwell Publishers, Oxford, UK, 1999.

 

4. Lecture.

 

B.      Sites:

http://www.hg.org/law-books.html;

http://www.uslawbooks.com/;

http://www.campusbooks.com/books/law/.

 

The methodical instruction has been worked out by:                       Sopiha M.O.

 

The methodical instruction was discussed at the Chair sitting          «27» August 2013

                                                                                                   Minute № 3

 

The Head of the Department of Medical Law                                 Rogalskyy I.O.           

 

 

 

TERNOPIL 2013