Introduction To Dental Law Flashcards

1
Q

What is the function of criminal law

A

Prosecute, conduct, punish

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2
Q

What is the function of civil law

A

Determine fault and liability

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3
Q

What are the parties in criminal law

A

Action brought on by the state
Prosecutor vs defendant
Scotland - crown service and prosecutor fiscal

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4
Q

What parties are involved in civil cases

A

Action brought on by others (eg a person or an organisation)
Pursuer vs defendent (Scot)

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5
Q

What is the standard of proof of criminal cases

A

Beyond reasonable doubt

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6
Q

What is the standard of proof in civil cases

A

Balance of probabilities

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7
Q

What is the decision in criminal cases

A

Guilty or not guilty

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8
Q

What is the decision in civil cases

A

Liable or not liable

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9
Q

Who are criminal cases decided by

A

Justice of peace, sheriff or high court

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10
Q

Who are civil cases decided by

A

Sheriff
Justice of peace

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11
Q

What are the powers of the court in criminal cases

A

Prison, fine, probation, community services

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12
Q

What are the powers of court in civil cases

A

Damages, injunction

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13
Q

What are the courts of civil law

A

Tribunals, specialist, sheriff, court of session

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14
Q

What courts deal with criminal cases

A
  • justice of peace
  • sheriff
  • high court
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15
Q

What act defines parental responsibility in Scotland

A

Children (Scotland) Act 1995

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16
Q

Who holds parental responsibility

A

Mother
Father by marriage or if on birth certificate

17
Q

When can dentists provide treatment without parental consent

A

Dentists can provide emergency treatment without consent provided it is necessary in order to save the life of or to prevent serious deteriation in the health of the child