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Medical Law > Introduction > Flashcards

Introduction Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards USMLE® Step 1 flashcards
1
Q

What is Law?

A

The rules set out and applied by the State in the administration of justice

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2
Q

Why do we need laws?

A

“Law regulates social conduct with a view to enabling people to live in a well-ordered society”

-S. Askey & I. McLeod

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3
Q

What are the rules of Law?

A
  • Everyone is subject to the law

- The law should treat everyone equally

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4
Q

The United Kingdom of Great Britain and Northern Ireland (UK) consists of?

A 
England (a country) 
Scotland (a country) 
Northern Ireland (a country) 
Wales (a principality)
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5
Q

Wales is a

A

Principality

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6
Q

England is a

A

Country

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7
Q

Scotland is a?

A

Country

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8
Q

Northern Ireland is a

A

Country

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9
Q

What is the English legal system?

A

The legal system for England and Wales

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10
Q

How is Law administered?

A

By state agencies :

Military
Police
Others

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11
Q

What are the branches of Law?

A

Civil Law

Criminal Law

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12
Q

What are the subtypes of Civil Law?

A 
Contract Law 
Bo’ness Law
Tort Law
Medical Law
Family Law 
Sports also
Property Law
Copyright Law
Employment Law
Succession Law
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13
Q

What is Civil Law?

A

Aims of pursuing a civil claim = remedies (e.g. money compensation)

Not concerned with punishment

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14
Q

If Dave Patel is suing Jane Johnson

Who is the claimant and who is the defendant?

A

Patel = claimant

Johnson= defendant

It’s always claimant vs defendant

Patel v Johnson

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15
Q

What is Criminal Law?

A

Relates to conduct that the State disapproves of

Aims to punish (e.g imprisonment)

Cases are brought by the State in the name of the Crown

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16
Q

Civil cases are reported as?

A

Claimant v defendant

17
Q

Criminal cases are reported as?

A

Crown v Defendant/The Accused

If Jay Alan was charged for the murder of Alice Jones

R v Alan

R= Rex/Regina (Latin)

18
Q

A trial has, for the English, the elements of?

A

A dramatic game

19
Q

Where do English laws come from?

A

Statues

Case Law

20
Q

What are Statues?

A

Acts of Parliament

Examples:

  • Abortion Act 1967
  • Children Act 1989
  • Mental Capacity Act 2005
21
Q

Parliament consists of?

A
  • The House of Commons
  • The House of Lords
  • The Monarch
22
Q

Statutes (Acts of Parliament) state?

A
  • What is forbidden
    Examples: Dangerous Dogs Act 1991, Human Reproductive Cloning Act 2001, Hunting Act 2004
  • What is required
    Examples: Communications Act 2003, Road Traffic Act 1988
  • What is authorised
    Examples: Marriage (Same Sex Couples) Act 2013, Anti-Terrorism, Crime and Security Act 2001
23
Q

What does the Succession to the Crown Act 2013 state?

A
  1. Succession to the Crown not to depend on gender

2. Consent of Sovereign required to certain Royal Marriages

24
Q

A person who (when the person marries) is one of the 6 persons next in the line of succession to the Crown must obtain the consent of Her Majesty before marrying. (subsection)

Where any such consent has been obtained, it must be?

A

(a) signified under the Great Seal of the United Kingdom
(b) declared in Council
(c) recorded in the books of the Privy Council

25
Q

In case law, Judicial Decision making depends on?

A

Statutory Interpretation

Precedent

26
Q

What is Statutory Interpretation?

A

Why judges interpret statutes:

  • The ambiguity of language
  • The unpredictability of fact situations
27
Q

What is Judicial Precedent? What does it state?

A
  • Doctrine of judicial precedent or stare decisis
    (“stand by what has been decided”)
  • “like wrongs deserve like remedies
28
Q

What is the Hierarchy of Courts?

A

SUPREME COURT
^
COURT OF APPEAL
^ ^
HIGH COURT CROWN COURT
^ ^
COUNTY COURT MAGISTRATES COURT
(civil cases) (criminal cases)

29
Q

What are Sources of Law?

A

Acts of Parliament & Case Law

30
Q

Tort Law and Medical Law are part of which branch of Law?

A

Civil Law

Medical Law (4 decks)

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