POLI330 week 5 TCO assessment
Question 1
pts
(TCO 4) What are your initial, nonlegal, thoughts on this case? How would
you decide it based on your own belief structures? For example, if you were
the judge in this case, would you would allow Mr. Trident to leave the
hospital, thus bringing about his death? Or would you feel for Mr. Trident but
side with the hospital because he clearly is not in the right mind to make
such decisions for himself? Or would you perhaps side with the hospital
because people should not be allowed to refuse medical treatment or go to
the extreme of ordering the hospital to aid in the shortening of his life so that
he did not have to suffer a painful death? What would you do? Please put
some thought into your answer and provide at least 4–5 sentences as you
explain it.
Your Answer:
In my opinion Mr. Trident should have been allowed the option of leaving
against medical advice. In my practice, people that want to leave for certain
reason are allowed to sign an AMA form and go. I don’t understand how this
case is any different. A person who is cleared psychiatrically as decisional
should have the right to refuse the treatment. Patient being quadriplegic
shouldn’t affect his decision making. In my opinion the only reason he could
have been held is if he was suicidal and planning on killing himself. His
decision to refuse dialysis is not a suicidal thought to me; people smoke and
everyone knows that smoking causes cancer and smoker are not considered
suicidal. The Dr. should have explained the consequences of such decision
and maybe try to encourage the patient to change his mind, but If I was a
quadriplegic I would want to have the right to make my own decisions.
Answers should reflect the student’s initial reaction to the case and his or her
thoughts behind what should be done. They should also be at least 4–5
sentences long.
Question 2
pts
(TCO 4) What is the difference between moral and legal reasoning?
Moral reasoning is based upon personal views rather than legal
considerations.
Legal reasoning focuses on what the law states only.
, Moral reasoning can vary with cultural beliefs, whereas legal reasoning is
more static within a nation.
Legal reasoning is concerned with precedent.
Correct!
All of the above
A and C only
Refer to the Week 5 Lecture and reading.
Question 3
pts
(TCO 4) In a true legal argument, should legal reasoning or moral reasoning
be used?
Correct!
Legal
Moral
Both
Neither
Refer to the Week 5 Lecture and reading.
Question 4
pts
(TCO 4) Mr. Trident is arguing that the hospital has violated his 14th
Amendment right to due process. What part of the 14th Amendment is he
referring to in his argument?
All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the state wherein
they reside.
Question 1
pts
(TCO 4) What are your initial, nonlegal, thoughts on this case? How would
you decide it based on your own belief structures? For example, if you were
the judge in this case, would you would allow Mr. Trident to leave the
hospital, thus bringing about his death? Or would you feel for Mr. Trident but
side with the hospital because he clearly is not in the right mind to make
such decisions for himself? Or would you perhaps side with the hospital
because people should not be allowed to refuse medical treatment or go to
the extreme of ordering the hospital to aid in the shortening of his life so that
he did not have to suffer a painful death? What would you do? Please put
some thought into your answer and provide at least 4–5 sentences as you
explain it.
Your Answer:
In my opinion Mr. Trident should have been allowed the option of leaving
against medical advice. In my practice, people that want to leave for certain
reason are allowed to sign an AMA form and go. I don’t understand how this
case is any different. A person who is cleared psychiatrically as decisional
should have the right to refuse the treatment. Patient being quadriplegic
shouldn’t affect his decision making. In my opinion the only reason he could
have been held is if he was suicidal and planning on killing himself. His
decision to refuse dialysis is not a suicidal thought to me; people smoke and
everyone knows that smoking causes cancer and smoker are not considered
suicidal. The Dr. should have explained the consequences of such decision
and maybe try to encourage the patient to change his mind, but If I was a
quadriplegic I would want to have the right to make my own decisions.
Answers should reflect the student’s initial reaction to the case and his or her
thoughts behind what should be done. They should also be at least 4–5
sentences long.
Question 2
pts
(TCO 4) What is the difference between moral and legal reasoning?
Moral reasoning is based upon personal views rather than legal
considerations.
Legal reasoning focuses on what the law states only.
, Moral reasoning can vary with cultural beliefs, whereas legal reasoning is
more static within a nation.
Legal reasoning is concerned with precedent.
Correct!
All of the above
A and C only
Refer to the Week 5 Lecture and reading.
Question 3
pts
(TCO 4) In a true legal argument, should legal reasoning or moral reasoning
be used?
Correct!
Legal
Moral
Both
Neither
Refer to the Week 5 Lecture and reading.
Question 4
pts
(TCO 4) Mr. Trident is arguing that the hospital has violated his 14th
Amendment right to due process. What part of the 14th Amendment is he
referring to in his argument?
All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the state wherein
they reside.
