Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PMHP > Dental Law > Flashcards

Dental Law Flashcards

1
Q

what can the legal system be described as

A

a coercive order of public rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are the two types of law

A

statute and common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is statute law based on

A

acts of parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is common law based on

A

agreed legal bases from court cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the two branches of law

A

public and private

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is public law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

who brings action for public law

A

the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

in which type of law is one guilty or not guilty

A

public, criminal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

who is the decider for public law

A

justice of the peace
sheriff
jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

prison
fine
probation
community service
admonish
exoneration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the end results of private law

A

damages or injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

who brings the action in private law

A

others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

who decides the outcome in private law

A

the sheriff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what are the c words for ethics

A

confidentiality
capacity
consent
candour
conscience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what are laws

A

rules that establish a basis for legitimate expectations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what is the function of criminal cases

A

prosecute
convict
punish
admonish
exonerate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

function of civil cases

A

determine fault and liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

parties involved in criminal cases

A

state
prosecutor
defendant
PF or crown prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

who brings the action in criminal cases

A

the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions