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Introduction to English Law STUDY PACK > Introduction to English Law Study Pack > Flashcards

Introduction to English Law Study Pack Flashcards

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1
Q

When was Thalidomide sold and prescribed?

A

during the late 1950s

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2
Q

When was Thalidomide sold and prescribed to pregnant women and How did it help them?

A

In the early 1960s and helped them to sleep and antisemitic to combat morning sickness

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3
Q

It took several years for anyone to realise that thalidomide was?

A

Teratogenic - disturbs the development of the foetus leading to birth defects

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4
Q

When was The Committee on Safety of Drugs created in the UK?

A

In 1963

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5
Q

What was the yellow card scheme and when was it introduced?

A
  • It was introduced after the Committee on the Safety of Drugs was created
  • a voluntary system for reporting adverse drug reactions (ADRs)
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6
Q

What was the purpose of The Medicines Act 1968?

A

To control the safety, quality, and efficacy of medicinal products.

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7
Q

When was the Committee on Safety of Medicines (CSM) replaced by and when?

A

the Commission on Human Medicines (CHM)
in 2005

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8
Q

What is the Commission on Human Medicines?

A

an advisory, non-department public body which is sponsored by the Department of Health and Social Care and provides advice to ministers on the safety, efficacy and quality of medicines

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9
Q

What is the Human Medicines Regulations 2012 Legislation?

A

new regulations set out a comprehensive regime for the authorisation of medicinal products for human use and manufacture, import distribution, sale and supply of those products; for their labelling and advertising and for pharmacovigilance

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10
Q

What are the two laws that the English Legal system includes?

A

statue law
common law

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11
Q

What does Statue Law consist of?

A

primary and secondary legislation

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12
Q

What is Primary Legislation

A

Used to describe the main laws passed by the legislative bodies of the UK (including UK parliament)

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13
Q

What is Secondary legislation?

A

the law created by ministers or other bodies under powers given to them by an Act of Parliament

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14
Q

What is the division of Secondary and Primary legislation?

A

Primary legislation such as an Act of Parliament can take months to pass through all of the parliamentary processes whereas Secondary legislation such as regulations can be made very quickly

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15
Q

What does parts 10 to 17 and 22 have in common?

A

they give powers to the Secretary of State to make regulations
part 10 is vague and gives very wide powers

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16
Q

What does the Misuse of Drugs (Amendment) (England Wales and Scotland) Regulations 2014 do?

A

they were made in response to concerns about the trade-in khat, a herbal stimulant.
the regulations control the import, export, production , supply and possession of khat

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17
Q

What is the first step in creating a new law or changing an existing law on which coloured paper?

A

green - a consultation document put together by a Government department

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18
Q

Is green paper a statement of policy?

A

no, it is not but it is supposed to stimulate discussion by putting forwards ideas for future government policy

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19
Q

what is the green paper available through?

A

the department’s website

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20
Q

who is able to comment on a green paper?

A

anyone

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21
Q

what is the next step coloured as?

A

white paper

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22
Q

what does white paper explain?

A

the Government’s preferred future policy on the subject before it introduces legislation

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23
Q

what does white paper allow the government to do?

A

to test public opinion and gather feedback before presenting a Bill to Parliament

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24
Q

what does green paper and white paper together make up?

A

a consultation process before a new piece of legislation is put before Parliament

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25
Q

What does the Parliamentary stage start off with?

A

the Monarch’s speech

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26
Q

How often is the Monarch’s speech made?

A

each year at the opening of Parliament and sets out the Government’s propsals for legislation in the coming year

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27
Q

What happens at the stage of the Bill?

A

the proposed new law is then presented to Parliament

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28
Q

What can the Act of Parliament (statue) do?

A

can create a new law or change an existing law

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29
Q

What does all of Acts of Parliament make up?

A

the body of UK statue law

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30
Q

What is Common Law (case law)?

A

a body of law that has been built up over many years - based on the principle of judicial precedent

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31
Q

What does Judicial precedent mean?

A

when a decision has been made by a judge sitting in a court, that decision is binding in later cases where the facts are the same/similar - in common law a court bases its decisions on previous court decisions made in similar cases, judges only decide what is always has been not what the law is

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32
Q

what does Common Law cover?

A

Criminal Law
Civil Law

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33
Q

What are the Other Areas of Law?

A

Criminal
Civil
Administrative
Professional

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34
Q

What is Criminal Law?

A

crimes created by the Government

35
Q

When does a crime occur?

A

When a person intentionally commits one of these activities or intentionally fails to do something required by criminal law

36
Q

What are the two parts of crimes broken into?

A

the criminal act
the criminal intent

37
Q

What are some of the offences that are not important known as?

A

strict or absolute liability offences

38
Q

What is criminal law enforced by?

A

the state - investigates crimes and detects offenders

39
Q

What can the MHRA have the power to do?

A

to investigate some medicines offences such as the illegal sale or supply of a medicine

40
Q

What does CPS stand for?

A

Crown Prosecution Service

41
Q

Who are the state prosecute offenders?

A

CPS (Crown Prosecution Service)

42
Q

What does the CPS do?

A

Prosecutes people accused of criminal offences in the criminal courts

43
Q

Give two examples of when the CPS will prosecute?

A
  • if they believe that they are to have a reasonable chance of winning the care (if there is sufficient evidence) and
    t* hat it is in the public interest to do so
44
Q

What is the standard of proof?

A

the degree to which a party must prove its case to succeed

45
Q

What is the burden of proof?

A

the requirement to satisfy that standard

46
Q

What is beyond reasonable doubt?

A

the standard of proof required in a criminal court
means that no other logical explanation can be deduced from the facts and evidence presented in court except that the defendant committed the crime

47
Q

What examples are of the purpose of sanctions in criminal law?

A
  • to punish offenders
  • to prevent them from re-offending
  • to deter others from committing the same offence
  • rehabilitation or helping the offender to move away from crime
48
Q

What is the purpose of Civil Law?

A

To regulate human relationships, protect individual rights, and provide compensation when rights are infringed

49
Q

Who do Civil Law deal with?

A

the relationships between individuals or companies

50
Q

Who does Civil Law cover?

A

a wide range of matters such as contracts, libel , slander , trespass and negligence

51
Q

Who are Civil Law actions taken by?

A

An individual (the Claimant) who sues another person or body corporate (the Defendant)

52
Q

What are Civil Law actions designed to do?

A

correct problems not to punish or deter

53
Q

What is a civil wrong?

A

a tort

54
Q

What is the most common tort?

A

negligence - which is based on the decision of the House of Lords in the case of Donoghue v Stevenson (1932)

55
Q

For a claim of negligence to be successful under the law, what are the following elements that must exist?

A
  • there must be a duty of care owed by the defendant to the claimant
  • the defendant must have breached that duty
  • the claimant must have suffered loss or injury as a result of that breach
  • the next stage, if breach of duty and causation is established, is to quantify the claim for compensation or damages
56
Q

What are the important points from the Dwyer v Roderick, Jackson and Cross Chemists (Banbury) Limited (1982)?

A
  • it is not enough for a pharmacist to say that they have followed a prescriber’s instructions to avoid being found negligent. Both pharmacists and prescribers owe their patients a duty of care independently.
  • not the apportionment of liability when a pharmacist dispenses a prescription which has been written incorrectly by a prescriber
57
Q

What happens in Prendergast v Sam & Dee Limited (1988)?

A

this case was examined the apportionment of liability
fault was found to lie with the pharmacist (75%) since the dosage that had been prescribed was completely inappropriate for the item which had been misread

58
Q

What happened in the Horton v Evans and Lloyds Pharmacy Limited (2006)?

A

US doctor had prescribed an incorrect dose of medication, the judge found that this didn’t break the cause of causation, this was because the doctor had relied upon a bottle of medication that had originally been dispensed without appropriate intervention by the pharmacist

59
Q

What is Administrative Law part of?

A
  • Civil Law - which creates and regulates public bodies such as NHS Authorities, Hospital Trusts and CCGs and regulates their activities
  • sets out their responsibilities and gives them the authority they need to take on those responsibilites
60
Q

Who does Professional Law give powers to which regulatory body?

A

GPhC or GMC - the power to register and discipline relevant health professionals

61
Q

What does the Pharmacy Order 2010 do?

A

provides the GPHC with the authority to discipline pharmacists

62
Q

What occurred in August 2022?

A

the GPHC wrote to pharmacists and pharmacy owners detailing what it described as the ‘serious patient safety concerns’ which have been identified in relation to online pharmacies and online prescribing services

63
Q

What does the GPHC state about open Fitness to Practise cases heard by the GPHC relate to online services?

A

more than 30% - significant figure

64
Q

What are the two separate sets of courts in England?

A

One deals with criminal matters
One deals with civil

65
Q

Where are criminal cases heard in?

A

A magistrates court - less serious offences (summary offences) - most motoring offences or minor assaults

66
Q

Where are serious cases passed too?

A

Crown court - in front of a jury - theft to handling stolen goods to rape, murder or robbery

67
Q

Who has a lower maximum penalty?

A

magistrates

68
Q

Who has a higher maximum penalty?

A

Crown court

69
Q

Where are civil cases initially heard?

A

County court (most civil cases) or Family court (family cases, divorce, child custody, etc)

70
Q

Where are serious cases passed too?

A

the High court

71
Q

Can Court of Appeal appeal civil and serious cases?

A

yes both type of cases can

72
Q

When can cases be passed upwards to the Supreme Court?

A

important cases which may set a precedent for the future

73
Q

Does Brexit prevent cases being taken to the European Court of Human Rights?

A

It does not as this is not an EU institution

74
Q

When did the UK withdraw from the EU?

A

31st January 2020

75
Q

As EU laws were introduced into our own laws, what directives were these introduced through?

A

the Medicines Directive 2001- they were obligated to enact legislation to fulfill the objectives of the directives - any decision made by the European Court of Justice and European law superseded the decisions made by the courts in the UK

76
Q

What ACT was passed in order to help prepare the UK’s withdrawal from the EU?

A

The European Union (Withdrawal) Act 2018

77
Q

What were the two main purposes of the European Union (Withdrawal) Act 2018?

A
  • repeal the European Communities Act 1972
  • ensure that EU-derived domestic legislation and already operational direct EU legislation continued to have effect after exit day
78
Q

Why was the Medicines and Medical Devices Act 2021 enacted?

A
  • to allow amendments to be made to the Human Regulations 2012 as well as other legislation now that we left the EU
  • also established to a new Patient Safety Commissioner in England
79
Q

What does ECHR stand for?

A

European Convention on Human Rights

80
Q

What is the ECHR?

A

an international human rights treaty between 47 states that are members of the Council of Europe - signed by the UK in 1950

81
Q

What does ECHR represent?

A

a legal commitment to guarantee certain fundamental freedoms, protect the rule of law and promote democracy in European countries

82
Q

When was the ECHR formally incorporated into law in the UK?

A

When the Human Rights Act 1998 was passed

83
Q
A
84
Q
A

Introduction to English Law STUDY PACK (1 decks)

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