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PMHP > Dental Law > Flashcards

Dental Law Flashcards

1
Q

what can the legal system be described as

A

a coercive order of public rules

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2
Q

describe what laws are

A

these are public rules addressed to rational persons for the purpose of regulating their conduct and providing the framework for social cooperation.
when rules are just they establish a basis of legimitate expectations

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3
Q

what are the two types of law

A

statute and common law

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4
Q

what is statute law based on

A

acts of parliament

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5
Q

what is common law based on

A

agreed legal bases from court cases

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6
Q

what are the two branches of law

A

public and private

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7
Q

what is public law

A

criminal law where there is prosecution, conviction, punishment or exoneration

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8
Q

who brings action for public law

A

the state

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9
Q

in which type of law is one guilty or not guilty

A

public, criminal law

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10
Q

who is the decider for public law

A

justice of the peace
sheriff
jury

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11
Q

what are the end results of a public law case if won

A

prison
fine
probation
community service
admonish
exoneration

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12
Q

what are the end results of private law

A

damages or injunction

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13
Q

who brings the action in private law

A

others

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14
Q

who decides the outcome in private law

A

the sheriff

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15
Q

what are the c words for ethics

A

confidentiality
capacity
consent
candour
conscience

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16
Q

what is a legal system

A

a coercive order of public rules addressed to rational persons for the purpose of regulating their conduct and providing the framework for social cooperation.

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17
Q

what are laws

A

rules that establish a basis for legitimate expectations

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18
Q

what do the laws constitute

A

the grounds upon which a person can rely on one another and rightly object when their expectations are not fulfilled

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19
Q

what are some relevant legislations for dental professions

A
  • age of legal capacity scotland act 1991
  • children act scotland 1995
  • adults with incapacity scotland act 2000
  • mental health care and treatement scotland act 2003
  • equality act 2010
  • data protection act 2018
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20
Q

what is the function of criminal cases

A

prosecute
convict
punish
admonish
exonerate

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21
Q

function of civil cases

A

determine fault and liability

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22
Q

parties involved in criminal cases

A

state
prosecutor
defendant
PF or crown prosecution

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23
Q

who brings the action in criminal cases

A

the state

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24
Q

who is the decider for criminal cases in scotland

A

crown service and procurator fiscal

25
Q

who is the decider for criminal cases in england

A

crown prosecution service and director of pp

26
Q

what is the function of civil cases

A

determine fault and liability

27
Q

who brings the action in civil cases

A

action brought by others eg a person or an organisation

28
Q

who are the two opposing parties in civil law in scotland

A

pursuer vs defendant

29
Q

who are the opposing parties in civil law in england

A

claimant vs defendent

30
Q

what is the standard of proof for criminal cases

A

beyond reasonable doubt

31
Q

what isi the decision for criminal cases

A

guilty or not guilty

32
Q

what are crimincal cases decided by

A

the justice of the peace of jury in high court

33
Q

what are the powers of court in the criminal cases

A

prison
fine
probation
community service
admonish
exonerate

34
Q

what is the standard of proof in civil cases

A

balance of probabilities

35
Q

what is the decision in civil cases

A

liable or not liable

36
Q

what are civil cases decided by

A

sheriff or a justice of the peace. rarely a jury

37
Q

what are powers of court of civil cases

A

damages (fine) or injunction (warning)

38
Q

what is the high court responsible for

A

criminal cases

39
Q

what is the court of session responsible for

A

civil law

40
Q

pathway of courts of civil law

A

tribunals
specialists
sheriffs
court of session
supreme court

41
Q

what is an outer court of session

A

first instance

42
Q

what is an inner court of session

A

an appeal or very important case

43
Q

what is the pathway of courts in criminal law

A

justice of the peace
sheriff
high court of justiciary

44
Q

which legislation defines scotland parental responsiblity for a child

A

the children act scotland 1995

45
Q

which legislation defines parental responsibility for children in england and wales

A

children act 1989

46
Q

what is the purpose of parental responsibility legislations

A

these protect in law parental rights and responsibilities, including the power to make day to day decisions about the child’s health care

47
Q

describe parental responsibility

A
  • mothers automatically have the parental responsibility
  • natural fathers acquire personal responsibility by being married to the mother, and this is not lost after divorce
48
Q

describe the dates for when it was allowed for unmarried fathers to acquire parental responsibility

A

scotland - 4/5/2006
northern ireland - 15/4/2002
england and wales - 1/12/2003

49
Q

how can unmarried natural fathers acquire parental responsibility

A

if they are registered as the father on the childs birth certificate

50
Q

describe parental responsibility in relation to step parents

A

do not automatically have parental rights and responsibilies

51
Q

how can step parents acquire parental responsibility

A

parental responsibility agreements, adoption or application to the court

52
Q

how can grandparents have acquired parental responsibility

A

apply to court

53
Q

do adoptive parents have parental rights and responsibilities

A

yes

54
Q

when can natural parents lose parental responsibility

A

if their child is adopted by someone else

55
Q

can permanent foster carers share parental responsibility

A

yes, up until they turn 16, by applying to the court. only in scotland though

56
Q

can someone without parental responsibility consent for a child

A

they can act on behalf of the person with responsibility when given explicit permission to do so, through written or spoken form

57
Q

when can a person who cares for a child but does not have permission require permission to consent for the child

A

to arrange emergency treatment when the parent cant be contacted, provided it is known that the parent would not refuse

58
Q

when can dentists provide emergency treatment without consent

A

only when it is necessary to save the life of the child, or to prevent serious deterioration in the health of the child

PMHP (10 decks)

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