Introduction To The Law Flashcards
What is common law?
JUDGE MADE LAW - judges decide in cases - judges develop common law principles known as PRECEDENTS - cases decided on the evidence - judges apply legal remedies to disputes or points of law
What is statutory law?
PARLIAMENTARY LAW - legislation passed by parliament is known as a STATUTE or ACT - statutory bodies have power to make regulations and rules - legislation can apply to specific groups eg. Mental health act
What are the main legislations that are pertinent to health professionals?
- health practitioner regulation national law Act (national law) - ambulance regulation - civil liberties Act - mental health Act - health records and information privacy Act - poisons and therapeutic goods Act
Common law
CASE LAW - Generally classified as either criminal or civil law
Disciplinary hearings
Arise when a professional body believe a persons right to practice should be revoked or restricted
Criminal law
- rules of behaviour eg. Not stealing, assault - government controls via police force - accused, offence charge, prosecution - burden of proof ‘beyond reasonable doubt’ - judge and jury decide punishment
Criminal negligence in health care settings
- when is it civil negligence, when is it murder? - issues to do with intent - criminal negligence vs civil negligence
Elements of a crime
- Actus Reus: the guilty act - Mens Rea: intention or guilty mind - where there is a crime, the prison must intend to commit the act Eg. Being reckless, negligent
Civil law
- enables us to resolve disputes we can’t resolve ourselves - rights of individuals are often supported by civil law - provides a pathway for a patient who has been wronged to have their rights enforced - generally monetary compensation sought - plaintiff and defendant - plaintiff has to prove within BALANCE OF PROBABILITIES - not as high as criminal court - court determines monetary compensation
Ways in which nurses can be found responsible at law
- Negligence - Assault/battery - Defamation - Crime - Other offences - Other liability
The Australian system of government
Our legal system is established on the Westminster system - sovereign head of state The Queen - head of government Prime minister - executive branch of government Ministers - lower House of Parliament (representatives) Members of parliament - upper house Senate
What is the law?
Represents a set of socially sanctioned rules and principles generated by the history and values of the society in which it operates
