Tutorial%201%20(topic%201%20

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NBBS1104 MANAGEMENT AND MEDICO LEGAL STUDIES B

• Tutorial 1 (topic 1 2)

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• Grouping .
• What is management ?
• What is administration ?
• What is leadership ?
• What is Motivation ?

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Topic 1 Learning Outcomes

• Distinguish between management and leadership in
  nursing
• Discuss the principles and process of management
• Describe the strategic planning and SWOT analysis
• Describe different types of leadership styles
• Discuss the motivation theories
• Describe the role and responsibilities of a nurse
  as team leader, team member in ward or clinic

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Content

1. Introduction to management
2. Process of management
3. Management theories
4. Motivational theories
5. Leadership styles

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a. Introduction to Management in Nursing

• Dr Kithsiri Edirisinghe
• MBBS, MSc, MD ( Medical Administration )
• Master Trainer Australia

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What is management

• Getting things done through and with people by
  using resources effectively end efficiently to
  achieve organizational goals.
• Peter Drucker -

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Health Services Management

• Managing Healthcare services effectively and
  efficiently with a view to achieve patient care
  standards, goals objectives.
• Health services produced by Healthcare Process
  

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Health care process

• Input Healthcare process
  Output
• Input - Resources
• Healthcare process Hospitals , Public Health
• Out put - Healthcare services

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Healthcare Resources

• Infrastructure - Space
• Men - Human Resources
• Machines - Equipments
• Money - Finance
• Material - Supplies
• Methods - Policies , Procedures ,
  Protocols
• Minutes - Schedule
• Information - Health / hospital Information
  system (HIS)

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Healthcare Services

• Preventive - Public Health Services
• Investigative services
• Curative services
• Rehabilitative services
• Health sector Project management

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Efficiency

• More Output with the same input
• Productivity

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Effictiveness

• Outcome of the production
• Quality

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Quality in Healthcare Services

• Services quality
• On stage players
• Non medical staff services
• Technical quality
• Back stage players
• Medical staff services

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Goals and Objectives

• Goals
• Broad statement of achievement in future
• Objectives
• Milestones
• SMART - Specific - Measureable - Achievable -
  Realistic - Timely

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Administration

• Making sure that the set of
• rules and regulations
• are adhered to by the people !
• Rules regulations
• Policies Circulars
• Protocols Guidelines

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Administration

• Making sure that the set of
• Rules and regulations
• are adhered by the people !
• Rules regulations
• Policies Principles and Ethics
• Protocols Guidelines

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• Activity 01
• Critically analyze the following statement PP
  presentation for each group ( one topic for two
  groups 10 Munities )
• Gr. 01 08 Hospitals in Sri Lanka is more
  efficient than effective
• Gr. 02 07 Nurses are not suitable for
  managerial position in the hospitals in Sri Lanka
  
• Gr. 03 05 Productivity is an essential
  component than quality in healthcare
• Gr. 4 06 Medical administrators are not good
  administrators in Sri Lankan hospitals

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b. Process of Management
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• Meaning and principles of management

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Process of Management

• Planning
• Organizing
• Staffing
• Directing
• Controlling
• of the resources
  Efficiently Effectively, to achieve
  organizational goals and objectives

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Planning
The greatest thing in the world is not so much
where we are, but in what direction we are
moving Oliver Wendell Homes
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1. Planning
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Planning

• From here to there !
• Preparation forecast
• Two categories in planning
• Operational planning
• Strategic planning
• It gives the direction

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If you dont know where you are going, any road
will take you there.

• The Koran

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Planning

• Strategic planning
• Maximum consideration of the environment
• Long term 03 10 years
• Broader details
• It gives the direction
• Performed by top level managers CEO, COO
• Operational planning
• Minimal consideration of the environment
• Short term 1-2 years
• Detailed
• Done by nursing managers

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Strategic Management

• Comprehensive management process ,
• Performed by considering
• the dynamic external environment ,
• Internal environment
• organizing a comprehensive plan
• to achieve organizational goals
  objectives .

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The trip
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Strategic planning process

• Developing a Vision
• Developing a Mission
• Situational analysis
• Environmental assessment
• External environment
• Internal environment
• SWOT analysis
• Strengths , Weakness , Opportunities and Threats

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Vision

• A strategic vision concerns a organizations
  future path the road map!!
• Where we are going

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Vision examples

• Wyeth
• Our vision is to lead the way to a healthier
  world
• Nike
• To bring innovation inspiration to every
  athlete in the world
• IIHS
• To bring innovation to the training of
  healthcare professional

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Developing Mission

• The vehicle that drives the organization to the
  destination.

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Canadian Red cross

• The Canadian Red Cross mission is to improve the
  lives of vulnerable people by mobilizing the
  power of humanity in Canada and around the world

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IIHS

• We are a Healthcare training organization born
  to bring innovation to healthcare training at a
  green campus, infusing the traditional values of
  Healthcare professionalism, whilst adhering to
  international training standards to improve the
  quality of lives of healthcare professionals
  through developing their personalities, by
  partnering with international organizations, to
  provide a total solution to the global need of
  healthcare professional.

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Key Steps in strategic planning
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SWOT Analysis

• Strengths
• What are we good at?
• Weaknesses
• Where do we need improvement?
• Opportunities
• Where/What is the next big thing?
• Threats
• What can kill us?

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External Environment Assessment

• 
  

Opportunities Threats
Markets
Competition
Healthcare trends
Social factors
Economic factors
Educational factors
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Internal Environment Assessment

• 
  

Strengths Weakness
Patient care
Financial resources
Human resources
Information systems
Research Development
Educational systems
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Steeps in strategic planning
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2. Organizing
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• Meaning and principles of management

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Organizing

• Three sequential activities
• Work specialization
• Departmentalization
• Planning Delegating authority

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A. Work Specialization
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Work specialization

• Process analysis
• Job design
• Job analysis
• Job description
• Job specification

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B. Departmentalization
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Organizing structures

• Establishing structures to carryout activity
  plans
• Determining the most suitable method to deliver
  patient care
• Reporting organizational and reporting structures
  

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Organizational Structures for hospitals
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Few words

• Authority
• The formal right to act as a manager
• Responsibility
• The duty to act on the authority delegated
• Power
• Capacity to influence the behaviour of others

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Organizational Structure

• How human beings are distributed in an
  organization
• Where each person is competent in the particular
  field to hold their positions
• To achieve organization goals and objectives

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Top management
Middle management
Front line management
Levels of management
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Organizational Chart
MANAGING DIRECTOR
OTHER DIRECTORS
MANAGERS
accountability
authority
SUPERVISORS/ TEAM LEADERS
Operational WORKERS
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Few words in organizational structures

• Tall structure
• Long chains of command while organisations
• Flat structure
• Few layers or levels of hierarchy are

• The chain of command
• line of communication and authority existing
  within an organization
• Employees prefer
• The flat structure
• Faster and effective communication

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Levels of Hierarchy

• Number of layers
• within an organisation,
• that is how many levels
• exist between the chief
• executive and a shop-
• Operational employees

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Features of a good OS

• Alignment with the organizational functional
  units
• Lean Agile
• Leanness More productive, avoid red tapes
  bottle necks
• Agility Agile, fast Mobile
• Efficient effective work process
• Minimizing cost Reduction of wastage
• Reliable processes
• Measurable outcomes
• Efficient effective Information flow
• Evidence based Quick decision making

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Features of a good OS

• Clear demarcation of authority
• Decision making authority should be at
  operational level
• Room for change
• Minimize the cost of the structure
• Relevant people should occupy key areas
• Span of control - ideal 7 or less

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Manager B
Manager A
Staff a
Staff b
Staff c
Staff a
Staff b
Staff c
Staff d
Narrow span of control
Staff e
Staff f
Wide span of control
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C. Delegation
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What is Delegation?

• It is process
• By which the Managers,
• Assign tasks activities and responsibilities
• Transfer authority accountability,
• Set up monitoring control systems
• To subordinates
• with the intention of improve the organizational
  efficiency and effectiveness.

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5- Golden rules in Delegation

1. What to delegate ?
2. What not to delegate?
3. To whom delegate ?
4. How much to delegate ?
5. How to delegate?

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1.What to Delegate

• Activities that are
• Repeated
• Frequently
• Takes more time
• Causes least damage if make a mistake
• Subordinate more equipped with

• Enjoys frequently
• Adds Varity
• Relate to work
• Improves skills
• Needs minimum control

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2.What not to Delegate

• Making policies
• Training
• Discipline
• Monitoring results
• External Communication work
• Upward delegation

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3. Whom to Delegate

• Most experienced person
• One who has the best orientation of work
• Maintain the chain of command
• To a group than an individual

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4. How much to delegate

• Full responsibility
• Partial responsibility

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5. How to Delegate

• Prior approval needed
• Identify the right person
• Specify the scope of activities
• Determine the tasks
• Specify the authority
• Set Parameters guidelines
• Expected level of performance
• Set up control systems

• Provide resources
• Decide and inform
• Minimum interference
• Tolerate mistakes
• Feed back
• Minimum interference

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• Meaning and principles of management

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3.Staffing
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Human Resource management (HRM)

• Getting things done through and with people to
  achieve organizational goals and objectives .
• Human resource management activities

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Scope of HRM
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The Human Resource Management Activities
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Turnover of the staff

• Work related issues
• Personnel reasons
• Social reasons
• Economic reasons
• Professional reasons
• Shortage of nurses
• Malaysia 100,000 nurses needed
• Nurse to patient ratio 1 200
• Sri Lanka 30,000 State / Private 8000??

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Activity

• Find out the different Nursing staff needs
• For a bed Ward, ICU, OT
• Per patient visit Clinic, OPD
• Per population

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4. Directing
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Directing

• Human resource management responsibilities
• Assigning responsibilities, authorities ,
  accountability holding

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Directing functions

1. Implement delegation
2. Supervision
3. Motivation
4. Managing conflicts
5. Counseling
6. Decision making
7. Training development

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II. Superior Supervision
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Who is a Supervisor ?

• A Person
• Who is always be there, at the workstation.
• This is the best practice that should not be
  broken
• No substitution for the supervisor
• Myth
• Super- Vision Seeing from above

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Who is the Superior Supervisor ?

• Who excel in upper 10 performance
• - Greater impact on your carrier - Rise
  in the ladder
• Rather than
• - Doing middle 80 of the performance-
• 
  Normal activities every day
• - Failing in bottom 10 performance- Free
  fall

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How to be in the top 10 of performance?

• Be a front line batsman.Forward
• Be up to date Awareness
• Set priorities correct. Focused
• Have shorter span of controlFew bites
• Get away from Grey area.Black or white

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Basic Truth ?

• Ensuring planned results are achieved
• by
• those who report directly to the supervisor

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11 Habits to become a Superior Supervisor

1. Planning ahead
2. Delegating
3. Giving instructions
4. Developing team work
5. Continuous Improvement
6. Solving problems

• Training staff
• Motivating them
• Counseling
• Handling pressure
• Give performance feed back

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II. Motivation

• Will be done later

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Motivation

• What is motivation?
• Motivation is a process that occurs internally
  to influence and direct our behavior in order to
  satisfy needs (Lussier,1999)

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III. Managing conflicts

• Will be done in topic 06

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Conflict Resolution- the methods

• Smoothening calm things down
• Avoidance minor
• Authoritative command use rules regulation
• Altering attitudes training
• Compromise collective bargaining
• Conciliation reunion
• Third party mediation - Negotiation

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IV. Counseling

• Please read !!!!!

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V. Decision making

• Please read !!!!!

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V. Training Development
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Training Development

• Increasing abilities of the employee to
  contribute to organizational effectiveness and
  efficiency
• Training improving skills in the present job
• Development prepare employee for promotion

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Training Development

• Training
• Mainly for new recruits
• Technical mechanical operations / more
  operational / Specific job related purpose
• Mainly Non managerial
• To improve current job performance
• Short term

• Development
• Existing employees
• Theoretical /conceptual ideas
• Managerial ,supervisory
• To upgrade to a next level
• Long term

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The process of organizing training programmes

1. Training needs analysis - TNA Gap analysis
2. Developing a programme
3. Conduction the programme
4. Evaluation of the programme
5. Continuous improvement

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5.Controlling
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Controlling

• Attempt to ensure that actual results come as
  closely to plan result as possible.

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Four (4) steps in controlling responsibilities
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Thank you !
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c. Management theories
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Management Theories

1. Scientific Management
2. Bureaucratic
3. Administrative Principles
4. Organizational Behavior

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1. Scientific Management
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• Scientific
• Productivity was the area of focus in this
  theory.
• It can be achieved by preparing staffs with
  adequate skills and knowledge, and using advanced
  equipments to emphasize efficiency.
• For example, in the ICU unit, all the nurses
  should be well-trained and cutting edge
  equipments should be used to provide maximum care
  for the patients.

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2. Bureaucratic Theory
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• Bureaucratic
• Weber believed efficiency is achieved through
  impersonal relations within a formal structure.
• Such as from matron-sister-staff nurse.
  Competence was the basis for hiring and promoting
  an employee.
• Decision was made in an orderly and rational way
  based on rules and regulations.
• The bureaucraticorganisation was a hierachy
  with clear superiorsubordinate communication and
  relations. Based on positional authority, in
  which orders from the top such as matron and
  transmitted through the organisation via clear
  chain and command.

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3. Administrative Theory
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• Administrative
• Focusing on general principles of management
  such as in a management process eg planning,
  organising, directing, coordinating and
  controlling.
• Another aspect of this theory attributed by
  Barnard who is emphasised on the concept of the
  informal organisation.
• He believed the informal organisation consists
  of naturally forming social groups that can
  become strong and powerful contributors to an
  organisation.
• This theory also identified people as having free
  will and they actually choose to comply with
  orders they are given.

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4. Organisational Behaviour
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• Orgnizational
• Focused on the effect individuals have on the
  success or failure of an organisation.
• The chief concerns of the human relations
  movement are individuals, group process,
  interpersonal relations, leadership and
  communication.
• Instead of concentrating on the organisations
  structure, nurse managers encourage staffs to
  develop their potential and help them meet their
  needs for recognition, accomplishment, and sense
  of belonging.

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Thank you !
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d. Motivational theories
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Motivation ?

• Stimulus
• Incentive
• Inspiration
• Impulse
• Drive
• Enthusiasm

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Motivation

• What is motivation?
• Motivation is a process that occurs internally
  to influence and direct our behavior in order to
  satisfy needs (Lussier,1999)

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Definition of motivation

• Motivation represents those psychological
  processes that cause arousal, direction and
  persistence of voluntary actions that are goal
  directed

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• Knowledge as the theoretical paradigm, the
  what to do and the why
• Skills as the how to do
• Desire as the motivation, the want to do
• Steven Covey,1989

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Motivation Theories

• Hierachy of human needs
• Two-factor Theory
• Theory X and Y
• Theory Z

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Abraham Maslow

• Peoples behaviors are guided by a sequence of
  needs
• Humans possess unique qualities that enable them
  to make independent choices which control of
  their future

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Maslows Hierarchy of Needs
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Description of the Needs Theory
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Two factor theory - Herzbergs Motivational and
Hygiene Factors

• Motivational factors
• Motivates people by if present
• Achievement, recognition, the work itself,
  responsibility, advancement, and growth, which
  produce job satisfaction
• Hygiene factors
• Cause dissatisfaction if not present, but do not
  motivate workers to do more.
• Examples include larger salaries, more
  supervision, and a more attractive work
  environments

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• Theory X and Y
• Theory Z
• Please read !

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What cause success or failure of work process

• More likely to succeed when managers influence
  with
• expertise
• work challenge
• More likely to fail when managers rely too
  heavily on
• authority
• money
• penalty

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How to motivate employees
High
Needs Empowerment
Needs Skill Enhancement
Level of motivation
Problem Employees
Waiting for Motivation
High
Low
Level of Ability
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Improving Effectiveness - Coveys 7 Habits

• Anyone can apply Coveys 7 habits to improve
  effectiveness at work place
• Be proactive ( Practical)
• Begin with the end in mind
• Put first things first
• Think win/win
• Seek first to understand, then to be understood
• Synergize
• Sharpen the saw

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Thank you !
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Topic 02

• LEARNING OUTCOMES
• By the end of this topic, you should be able to
• 1. Describe different types of leadership styles
• 2. Discuss the motivation theories
• 3. Describe the role and responsibilities of a
  nurse as team leader and team member in ward or
  clinic.

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1. Leadership
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Management in Nursing

• Managers are people who do things right ( WAY)
• leaders are people who do the right things
  (Bennis Nanus, 1985)
• Management is efficiency in climbing the ladder
  of success
• leadership determines whether the ladder is
  leaning against the right wall (Stephen
  Covey, 2005)

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Leadership

• Leadership is the inspiration for desired
  responses and getting work done through others.
• Leaders focus on purpose and doing the right
  thing.
• Future oriented
• Challenged by change
• Plan strategies to facilitate human potential.
• Use their power to motivate people to act
• Manage conflict.
• Go to unknown territories

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Leadership

• Inspirational and lead the way
• Leaders have followers
• Informal relationship
• Leadership relies more on personality traits and
  people skills.
• Leadership can be developed by gaining
  experience, having a mentor or attending classes.

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• EFFECTIVE LEADERSHIP IN HEALTHCARE
  ORGANIZATIONS

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LEARNING OBJECTIVES

• Define leadership.
• Describe leadership approaches.
• Discuss the most important leadership traits and
  skills as well as functions of effective
  leadership.
• Determine sources of leaders power importance
  of influence.
• Describe the different leadership styles.
• 6. Explain leadership development.

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Introduction

• Effective leadership is essential if a health
  services organization (HSO) is to provide
  high-quality care and succeed financially.
• All managers at all levels of the organization,
  who depend on other people for efficient and
  effective work performance, require leadership
  ability.
• The quality of leadership is crucial to how work
  gets done.

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Another important definition is that

• Leaders are agents of change, persons whose acts
  affect other people more than other peoples acts
  affect them

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Leadership Approach

• Proactive approach take responsible initiatives
  to change situations and attitudes through
  people. This approach is the essence of modern
  leadership,
• Reactive approach where a leader responds only
  to events and instructions from outside.

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EXERCISE (1)

• From your experience, try to describe a leader
  you worked with or had contact with whom you
  consider a role model of a successful leader
  why?
• What in your opinion are the main traits ,skills
  behaviours of a successful leader?

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Table1 Traits and skills found most successful
leaders

• Traits
• Adaptable to situations
• Alert to social environment
• Ambitious and achievement-oriented.
• Assertive
• Cooperative
• Decisive
• Dependable
• Dominant(desire to influence others)
• Energetic (high activity level)
• Persistent
• Self-confident
• Tolerant of stress
• Willing to assume responsibility

• Skills
• Clever(intelligent)
• Conceptually skilled
• Creative
• Diplomatic and tactful
• Fluent in speaking
• Knowledgeable about group task
• Organized (administrative ability)
• Persuasive
• Socially skilled

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Leaders Power and Influence

• Influence is important to the leadership process
  because it is the means by which leaders
  successfully persuade others to follow their
  advice, suggestion or order.
• The essence of leadership is the ability to
  influence others.
• To have influence, however, one also must have
  power.

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Power Leadership
Power
Behavior I
Behavior II
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• Sources of Power
• 1.Legitimate Power This is the power a leader
  has as a result of his / her position in the
  organization.
• 2. Coercive Power Is the power to punish or
  control.
• 3. Reward Power Is the power of giving positive
  benefits or rewards whether financial or
  otherwise.

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• 4. Expert Power Influence thats based on
  expertise, special skills or knowledge.
• 5. Referent Power Arises because of a persons
  personal traits or desirable resources, e.g.
  admiration of another a desire to be like that
  person, in this case that person has referent
  power over you.
• Most effective leaders rely on several different
  forms of power e.g. giving orders (legitimate),
  praising (reward), disciplining (coercive).

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• Also power must be used wisely to influence
  people e.g. abuse of coercive power may lead to
  weakening or loss of referent power.
• Effective leaders understand the costs, risks,
  and benefits of using each kind of power and are
  able to recognize which to draw on in different
  situations and with different people.

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Interpretation of leader decision-making authority
Use of authority by the manager
Area of freedom for subordinates
Manager sells decision.
Manager presents ideas and invites questions
Manager presents tentative decisions subject to
change
Manager defines limits, asks group to make
decisions.
Manager presents problem, gets suggestions, makes
decisions
Manager makes decision and announces it
Manager permits subordinates to function within
limits defined by superior.
(6) DEMOCRATIC
(7) LAISSEZ-FAIRE
(4) (5) PARTICIPATIVE
(1) AUTOCRATIC
(2) (3) CONSULTATIVE
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Autocratic

• Leader makes decisions without reference to
  anyone else
• High degree of dependency on the leader
• Can create de-motivation and alienation of staff
• May be valuable in some types of business where
  decisions need to be made quickly and decisively

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Democratic

• Encourages decision making from different
  perspectives leadership may be emphasised
  throughout the organisation
• Consultative process of consultation before
  decisions are taken
• Persuasive Leader takes decision and seeks to
  persuade others that the decision is correct

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Democratic

• May help motivation and involvement
• Workers feel ownership of the firm and its ideas
• Improves the sharing of ideas and experiences
  within the business
• Can delay decision making

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Laissez-Faire

• Let it be the leadership responsibilities
  are shared by all
• Can be very useful in businesses where creative
  ideas are important
• Can be highly motivational, as people have
  control over their working life
• Can make coordination and decision making
  time-consuming and lacking in overall direction
• Relies on good team work
• Relies on good interpersonal relations

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Paternalistic

• Leader acts as a father figure
• Paternalistic leader makes decision but may
  consult
• Believes in the need to support staff

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Developing leadership in Nursing practice
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• Nurse leadership is vital.
• Nurses depend on their leaders to set goals for
  the future and the pace for achieving them.
• The leader, not the manager inspires others to
  work at their highest level.
• The presence of strong Leadership sets the tone
  for achievement in the work environment.

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• Traditional View - Leader is in the position of
  authority, exerting command control and using
  power over subordinates. Nurses as professional
  they function as leaders when they influence
  others toward goal achievement.
• Formal Leadership - A person is in position of
  authority or in assigned role within an
  organisation that connotes influence, such as
  Head Nurse or Nurse Manager.
• Informal Leadership - A person is considered to
  have emerged as a leader when she is accepted by
  others and is perceived to have influence.

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Coveys Eight Habits of the Effective Leader
Adapted for Nurses
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• Leadership Behaviour
• In the 1950s, the study of leadership and
• leaders shifted from traits to behaviour.
• Trait theories maintained that leaders are born
  Either you have it or you dont. The behaviour
  theories believed that leaders are made!
• Behavior theory leader behaviour explained
  leadership effectiveness,
• Leadership could be taught
• since behaviour can be learned
• programs can be designed to develop effective
  leaders.

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Leadership Development

• Leadership development means the improvement
  and strengthening of abilities and effectiveness
  of both current and prospective leaders.
• Functions to be developed for effective
  leadership ?

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• Table 2 Functions of Effective Leadership
• The provision of a vision that influences all
  who work in the organization.
• Confidence in ones vision and oneself.
• Projecting / communicating the vision.
• Initiating / guiding change.
• Mobilizing commitment and support for
  change.
• Resolving conflict.
• Building of trust.
• Building sustainability
• Developing others.

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Transformational Leadership Competencies

1. Individual Consideration
2. Charisma
3. Intellectual Stimulation

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Nurse as leader
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Staff Nurse as Leader
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Nurse manager as a leader
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Tips for becoming a good leader
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• I suppose that leadership at one time meant
  muscle but today it means getting along with
  people.
• Indira Ghandi

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Think of This Statement

• When we look through the lens of each others
  weaknesses, we make others strengths irrelevant
  and their weakness more evident.

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• Activity 05
• Debate 08 groups

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Presentations

• Learning to be a better manager is easier than
  be a better leader? Group 01
• People just born to be a leaders and they cannot
  be be taught and learned? Group 02
• All Leaders will definitely get burning out?
  Group 03
• There is no one best way to lead? Group 04
• Autocratic leadership is ideal for hospitals
  Group 05
• A nurse is an effective leader than doctors
  group 06

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EXERCISE (2)

• Debate
• 1. Group 01 02
• 2. Group 03 04

167
Topic 7 Introduction to Law

• Learning Outcomes
• 1. Define basic concepts and principles of law
• 2. Describe the sources and types of law and
• 3. Relate tort law with issues in nursing
  practice.

168
The Role of professional nursing has expanded
rapidly within the past few years

• increased expertise
• specialization
• autonomy
• accountability,
• legal and an ethical perspectives.
• This has forced new concerns among
• nurses and a heightened awareness of the
  interaction of legal and ethical issues.
• Areas of concern include legal issues
• professional acts
• regulations,
• employment rules
• ethical principles.

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Introduction to Ethics
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• Introduction to Ethics
• 8.1 Standardisation of Professional Conduct
• 8.1.1 Licensure
• 8.1.2 Board of Nursing
• 8.1.3 Contract of Employment
• 8.2 What Kind of Law Apply to Nurses
• 8.2.1 Intentional and Unintentional Tort
• 8.3 Basic Ethical Concepts
• 8.3.1 Ethical Theories
• 8.3.2 Ethical Principles
• 8.4 Ethical Dilemmas
• 8.4.1 Ethical Decision Making Process

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What is Law

• Humans ------ choice
• Earliest notion of law - divine right.
• A workable definition
• rules of human conduct
• established and enforced by authority
• which prohibit extremes in behavior
• so that one can live without fear for oneself or
  ones property.

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Law

• Article 160 of the Federal Constitution provides
  a three-fold
• classification of the different types and sources
  of Malaysian Law

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Sources of Law
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1. Written Law (Statutory Law/Public Law)

• Federal Constitution which is the supreme law of
  the land and the Constitution of each State of
  the Federation.
• The acts are passed by Parliament and various
  State Assemblies.
• The subsidiary rules and regulations are made by
  Ministers and other persons by virtue of powers
  given to them by Acts of Parliament of State
  enactments.

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2. Common Law

• A body of law developed from an accumulation of
  judgments arising from
• particular cases.
• The body of case law that developed from
  adjudication of kings and later of judges is
  known as Common Law.

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3.Customs or Practices

• Customs or Practices deal with any custom or
  usage having the force of
• law in the Federation. Usage derived from
  personal laws of different
• communities e.g. adats of the Malays and the
  Hindu and Chinese
• customary laws.

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Malaysian courts
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Courts

• A court is a gathering, presiding over by a judge
  or other person invested with judicial power,
  which follows the rules of procedure prescribed
  for that court
• some cases assisted by a jury. The judge, or
  where there is a jury, the
• judge and jury, determines such matters as
  Whether certain facts have been established.
• Where required, the legal obligations and rights
  of a party or parties.
• The punishment appropriate for criminal or other
  offences.