Optometry and the law: an introduction Flashcards
what are the 3 UK legal systems
- English (covering England and Wales)
- Scottish
- Northern Irish
what are the 3 main sources of law for Britain from
- Acts of Parliament or Statues
- Common (Case) Law
- European Community Law (binding in all UK Legal systems)
for an act/law of parliament to be established/created:
- what does it have to start off as
- what is this approved by
- what does it have to attain to become a law/act
- Start as Bills
- Bills approved by both Houses of Parliament
and - Attain Royal Assent before becoming law
E.g. Opticians Act
what 2 things does additional laws: minister/other competent body, come as and give an example of one related to optometry
- Delegated/secondary legislation
- Statutory instrument
E.g. GOC fitness to practice etc: statutory instrument
From the opticians act, the GOC was formed and the purpose of the GOC was to make further laws and legislations
what is a statutory instrument and how is this applied to the GOC and opticians act
- It is to do with additional laws
- Whatever legislations are made, come out as a statutory instrument
e.g. with the GOC, you have a fitness to practice which is part of the opticians act
but it is a statutory instrument in that act and not part of the original opticians act
what is meant by Subsequent acts: amend/delete original act and how did this apply to the opticians act
E.g. Opticians Act 1989 repealed the Opticians Act 1958
Opticians Act 1989 was amended in 2005
Statutory Instrument 2005 No. 848 The Opticians Act 1989 (Amendment) Order 2005
so the law keeps changing as time goes on
as the role of an optician in 1958 is not the same as now
e.g. now optoms can manage px’s instead of just prescribing rx’s
so it is possible to bring forth a new act and can either amend or change the previous
who is a common case law made by
what does it work by
- Judge made law
- Not embodied in legislation - so doesn’t come from acts of parliament as it doesn’t come as a legislation
- Doctrine of precedence- previous similar cases taken into account
i. e. look at previous same case to make their decision - Find them by looking at records/law reports of all the same legal cases
- so if something happens again, the outcome will be the same/similar as what happened in the previous case
what are the 2 divisions of the law
- Criminal
- Civil
in a criminal serious case: how is the defendant indicted who is the prosecution on behalf of what is required for a case to become a criminal case if the case proceeds, where is it held who decides the verdict what is the prosecution based on
- Serious cases: indictment
- Defendant ‘indicted’ on criminal charges specified in the indictment by the prosecutor
- Prosecution on behalf of the Crown (the state)
- the magistrate first look at the case to see if theres enough evidence to take to court
- held at crown court
- you have a jury who decide the verdict
- based on the burden of proof - beyond reasonable doubt
(so need a lot of proof if defendant is guilty)
in a criminal less serious case:
- how much % of cases does it comprise of
- where is the defendant sent
- what is not present to decide the verdict
- who is the trial before instead to decide the verdict
- Comprise over 90% of criminal cases
- Sent for summary trial magistrates’ courts (not to crown court as more simple procedure)
- No committal or jury
- Trial before a bench of magistrates
Usually three magistrates
Magistrates usually lay persons (i.e. anyone can become a magistrate here)
with civil cases:
- what are the claims usually about give examples
- who is the litigation commenced by
- what must they try to prove and what does the proof have to be based on
- what does the choice of court depend on
- where do most civil disputes not reach
- Claims usually about contracts, torts (civil wrongs such as the causing a road accident through negligence) and land disputes
- Litigation commenced by plaintiff (a private person/company/public authority) against defendant
- Plaintiff must try to prove the liability of the defendant on the balance of probabilities
- Choice of court depends on the value of the claim
- Most civil disputes do not go to court at all, and most of those that do, do not reach trial
what do the GOC base their litigation on and why
give an example of when an optometrist is a plaintiff in a civil case
- GOC use balance of probabilities - as you dont need much proof/evidence that a person is guilty (easier than beyond reasonable doubt)
- an optom can be a plaintiff if someone doesnt may for their glasses
where do civil cases usually take place and what is this based on
what is the value of the money involved in these cases
- Claims of lesser value: County Court
- The civil court that the case goes to depends on the money involved
- Usually less than £15,000 or over £15,000 by agreement
what are the 3 tracks that the country courts is divided into
- Small Claims Track : Less than £5000
- Fast Track : £5000 to £15,000
- Multi Track : Over £15,000
in a small claims track:
- up to how much can be claimed
- what much the claimant have to do
- what proof does the claimant need
- who is the summons sent to
- what can the defendant do
- what happens if the claim is disputed
- what is the small tracks claim designed for
- Can claim up to £5,000 in unpaid debt or for personal injury. E.g. customer owes money for glasses
- Claimant completes claim form (can do online) including nature of claim and various parties involved
- Needs proof of debt/claim either written or witness
- Set fee for procedure
- Summons sent to party involved
- Defendant can pay claim or dispute part or all of claim
- If claim disputed case heard before judge
- Procedure informal
- Designed to reduce court costs e.g. glasses dont cost that much
