Dental Law

Question 1

what can the legal system be described as

Answer 1

a coercive order of public rules

Question 2

describe what laws are

Answer 2

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

Question 3

what are the two types of law

Answer 3

statute and common law

Question 4

what is statute law based on

Answer 4

acts of parliament

Question 5

what is common law based on

Answer 5

agreed legal bases from court cases

Question 6

what are the two branches of law

Answer 6

public and private

Question 7

what is public law

Answer 7

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

Question 8

who brings action for public law

Answer 8

the state

Question 9

in which type of law is one guilty or not guilty

Answer 9

public, criminal law

Question 10

who is the decider for public law

Answer 10

justice of the peace
sheriff
jury

Question 11

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

Answer 11

prison
fine
probation
community service
admonish
exoneration

Question 12

what are the end results of private law

Answer 12

damages or injunction

Question 13

who brings the action in private law

Answer 13

others

Question 14

who decides the outcome in private law

Answer 14

the sheriff

Question 15

what are the c words for ethics

Answer 15

confidentiality
capacity
consent
candour
conscience

Question 16

what is a legal system

Answer 16

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

Question 17

what are laws

Answer 17

rules that establish a basis for legitimate expectations

Question 18

what do the laws constitute

Answer 18

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

Question 19

what are some relevant legislations for dental professions

Answer 19

• 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

Question 20

what is the function of criminal cases

Answer 20

prosecute
convict
punish
admonish
exonerate

Question 21

function of civil cases

Answer 21

determine fault and liability

Question 22

parties involved in criminal cases

Answer 22

state
prosecutor
defendant
PF or crown prosecution

Question 23

who brings the action in criminal cases

Answer 23

the state

Question 24

who is the decider for criminal cases in scotland

Answer 24

crown service and procurator fiscal

Question 25

who is the decider for criminal cases in england

Answer 25

crown prosecution service and director of pp

Question 26

what is the function of civil cases

Answer 26

determine fault and liability

Question 27

who brings the action in civil cases

Answer 27

action brought by others eg a person or an organisation

Question 28

who are the two opposing parties in civil law in scotland

Answer 28

pursuer vs defendant

Question 29

who are the opposing parties in civil law in england

Answer 29

claimant vs defendent

Question 30

what is the standard of proof for criminal cases

Answer 30

beyond reasonable doubt

Question 31

what isi the decision for criminal cases

Answer 31

guilty or not guilty

Question 32

what are crimincal cases decided by

Answer 32

the justice of the peace of jury in high court

Question 33

what are the powers of court in the criminal cases

Answer 33

prison fine probation community service admonish exonerate

Question 34

what is the standard of proof in civil cases

Answer 34

balance of probabilities

Question 35

what is the decision in civil cases

Answer 35

liable or not liable

Question 36

what are civil cases decided by

Answer 36

sheriff or a justice of the peace. rarely a jury

Question 37

what are powers of court of civil cases

Answer 37

damages (fine) or injunction (warning)

Question 38

what is the high court responsible for

Answer 38

criminal cases

Question 39

what is the court of session responsible for

Answer 39

civil law

Question 40

pathway of courts of civil law

Answer 40

tribunals specialists sheriffs court of session supreme court

Question 41

what is an outer court of session

Answer 41

first instance

Question 42

what is an inner court of session

Answer 42

an appeal or very important case

Question 43

what is the pathway of courts in criminal law

Answer 43

justice of the peace sheriff high court of justiciary

Question 44

which legislation defines scotland parental responsiblity for a child

Answer 44

the children act scotland 1995

Question 45

which legislation defines parental responsibility for children in england and wales

Answer 45

children act 1989

Question 46

what is the purpose of parental responsibility legislations

Answer 46

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

Question 47

describe parental responsibility

Answer 47

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

Question 48

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

Answer 48

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

Question 49

how can unmarried natural fathers acquire parental responsibility

Answer 49

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

Question 50

describe parental responsibility in relation to step parents

Answer 50

do not automatically have parental rights and responsibilies

Question 51

how can step parents acquire parental responsibility

Answer 51

parental responsibility agreements, adoption or application to the court

Question 52

how can grandparents have acquired parental responsibility

Answer 52

apply to court

Question 53

do adoptive parents have parental rights and responsibilities

Answer 53

yes

Question 54

when can natural parents lose parental responsibility

Answer 54

if their child is adopted by someone else

Question 55

can permanent foster carers share parental responsibility

Answer 55

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

Question 56

can someone without parental responsibility consent for a child

Answer 56

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

Question 57

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

Answer 57

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

Question 58

when can dentists provide emergency treatment without consent

Answer 58

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