Key Terms

Question 1

Parliament

Answer 1

In AUS,
1. Commonwealth Parliament
2. State Parliaments
Both can make laws, change (i.e. amend) laws or repeal (remove) laws

Question 2

Common Law

Answer 2

Judges can make findings whilst hearing cases, which then become law

Question 3

Separation of Powers

Answer 3

Principles that prevents any one group from having all the power over law

Question 4

Judiciary

Answer 4

Group that interprets and make judgements on laws

Question 5

Executive

Answer 5

Group that puts law into operation

Question 6

Doctrine of Precedent

Answer 6

“The decision stands”
Requires judges to follow rulings of other judges who have heard previous cases with similar facts or legal issues
Note: Rulings must have been made by judges at same ‘level’ or higher

Question 7

Criminal Cases

Answer 7

Offences against the broader community and are initiated by the state (e.g. police or public prosecutor)
Standard of Proof: Beyond a reasonable doubt

Question 8

Civil Cases

Answer 8

Disputes between 2 or more parties (persons or organisations) where one party brings an action against another
Standard of Proof: On the balance of probabilities, whereby a judge/jury decides if one party’s assertions are more likely to have occurred in contrast to the other person’s account

Question 9

Coroner

Answer 9

A judicial official (magistrate)
Role: To investigate certain deaths to find out:
- The identity of the deceased person
- When and where they died
- How they died
- Medical cause of death

Question 10

Healthcare-related Deaths (defined by Coroners Act)

Answer 10

1. The healthcare caused or contributed to the death OR a failure to provide healthcare caused or contributed to the death
2. The death was an unexpected outcome of the healthcare being provided

Question 11

Coronial Inquests

Answer 11

Do not focus on assigning liability, but rather preventing similar deaths from occurring

Question 12

Briginshaw Scale

Answer 12

The more serious an allegation, the more substantial proof may be required in order to prove such allegation on the balance of probabilities

Question 13

Queensland Civil and Administrative Tribunal

Answer 13

• Same level as Coronial Court
• Resolves disputes on a range of matter, incl. minor civil disputes, human rights, building/tree issues

Question 14

Metaethics

Answer 14

Concerned with where ethical principles come from and what they mean

Question 15

Normative Ethics

Answer 15

Asking what people ought to/should do when deciding on right and wrong

Question 16

Applied/Practical Ethics

Answer 16

Examining what should and should not be done in specific contexts and when distinct moral issues arise

Question 17

4 Core Principles of Biomedical Ethics?

Answer 17

1. Respect for Autonomy
2. Beneficence
3. Non-Maleficence
4. Justice

Question 18

Autonomy

Answer 18

Respecting the decision-making capacities of autonomous persons

Question 19

Beneficence

Answer 19

Promoting good

Question 20

Non-Maleficence

Answer 20

Avoiding the causation of harm

Question 21

Justice

Answer 21

Patients should be treated fairly

Question 22

Utilitarianism

Answer 22

Links consequences with creating the most benefit, welfare or happiness

Question 23

Deontology

Answer 23

We cannot judge the rightness or wrongness of an action solely by looking at the consequences of that action

Question 24

Virtue Ethics

Answer 24

Focuses on character and intentions of the person making the decision