Introduction to the Law Flashcards
What is Criminal Law?
Criminal law is where a person commits an offence that it outlined in a statute. Overall there must be intention to commit the act and the case must be proven to beyond reasonable doubt, as it takes away a persons rights and freedom if they are found guilty.
What is Common Law?
Common law is law that is made my judges (judicial). It involves judges applying legal remedies to disputes or cases brought about in court.
Common law also involves the doctrine of precedent: where judges in a lower court must follow the rules of judges in a higher court.
What is Statute Law?
Statute law is legislation that is passed by a governing body such as Australian parliament.
When a new law is introduced, what must it go through?
Firstly the law is introduced to the house of representatives –> senate –> governor general = Australian parliament
What is the National Law?
The object of the National Law is to establish a national accreditation scheme for the regulation of health practitioners and registration of students.
What is the objectives of the National Law?
The National Law aims to protect the public by ensuring:
- only those who are suitably trained and qualified are able to obtain registration.
- Ensures high quality training and education
- oversees trained practitioners skills are assessed
- Facilitates access to services
What is Civil Law?
Civil law involves parties proving their case on a “balance of probabilities”. The standard of proof is significantly lower than criminal law and usually involves monetary compensation to the defendant from the plaintiff.
Why is it important to have a good understanding of the law?
It guides practice and helps maintain integrity. By knowing laws, policies, scope of practice and boundaries it assists the protection of ourselves and others legally.
