TEST BANK FOR LAW & ETHICS FOR THE HEALTH
PROFESSIONS 10TH EDITION BY KAREN JUDSON,
CARLENE HARRISON, TAMMY ALBRIGHT
What is law? - (ANSWER)It represents a set of socially sanctioned rules and principles
generated by history and values of the society it operates. It can be prescriptive (guidelines) and
punitive (punishment).
How does law effect health practitioners? - (ANSWER)It regulates the boundaries of practice,
the standard of practice and their employment relationship
What is the relationship between law and ethics? - (ANSWER)The law may be influenced by
moral considerations but it is a separate form of normative reasoning that is not necessarily
dependent on morals or ethics. They are interdependent.
What was the law system before and after white settlement? - (ANSWER)Before it was
customary law - a body of rules, values and traditions passed down mouth to mouth
After is was common law - two main sources of law; legislation, judge made law
What is parliament law referred to as? - (ANSWER)An Act of parliament, a statute, legislation
What guides law making in the Commonwealth parliament? - (ANSWER)Outlined by the
Commonwealth of Australia Constitution Act (1900) it determines that the parliament will "have
power to made laws for the peace, order and good government of the Commonwealth with
respect to" 39 specific areas all relevant to Australians.
What guides law making in the Queensland Parliament? - (ANSWER)Established by the
Constitution Act of Queensland (1867) it says they can "make laws for the peace, welfare ad
good government of the colony in all cases whatsoever" they are not restricted at all.
What happens if there is inconsistency between parliamentary laws? -
(ANSWER)Commonwealth law prevails and state law is made invalid
,What is common law? - (ANSWER)A judicial system made in cases that are brought before the
court. It was inherited from the British system and it is not prospective law. The judge applies the
law of a particular issue and makes a pronouncement which then becomes a precedent. In
situations where there are similar facts and legal issues, the doctrine of precedent requires that
judges follow the rulings of judges in higher courts. Precedents are made when calls are made on
untested legislation (when the law is being interpreted)
What is the hierarchy of the courts? - (ANSWER)the judgement of superior courts is binding to
the lower courts.
How is federal law passed through parliament? - (ANSWER)1st reading of the bill, minister
request second reading and debate occurs, then voting occurs to determine if the bill should be
read a second time (whether they agree with the main idea), House examines the bill in more
detail and looks to make changes (Consideration in Detail), voting occurs for the 3rd reading if
passed it goes to the Senate. It gets red for the 1st time and an investigation committee may be
set up and debate occurs, the 2nd reading occurs if the vote shows a majority agree on the main
idea, it is the examined in more detail (Committee of the Whole) and amendments are made and
voted on, if it is passed a third time it goes back to the House and they vote to see if they accept
the changes and then it is sent to the Governor-General for Royal Assent, then becomes
legislation.
What is jurisdiction? - (ANSWER)It is the authority vested in a court to hear and decide on a
legal action before it. The jurisdiction of the court varies according to the type of matter, where
or when the offence or event occurred, the amount or type of penalty/compensation.
What are the types of Commonwealth courts and what do they do? - (ANSWER)High Court of
Australia - any decisions here will be binding in all other Australian courts, it interprets the
Constitution and is the final court of appeal from Supreme State Courts
Family court - deals with matters relating to marriage, children and property rights
Federal court - civil law matters arising under federal law and some summary and indictable
criminal matters
What are the Queensland courts and what is their jurisdiction? - (ANSWER)Magistrate, District
and Supreme Courts have authority to hear both civil and criminal matters. Where a matter is
,hear will depend on the amount of compensation sought or the seriousness of the offence. There
is also the Court of Appeal.
What is the court of appeal? - (ANSWER)It hears appeals from the district and supreme courts
(evidence is not reheard). The grounds for appeal are: verdict cannot be supported by evidence,
misdirection or non-direction by the judge, improper admission of evidence, fresh evidence has
since become available.
What is criminal law? - (ANSWER)They are a set of rules that determine how t behave and
punish us if we do not comply. Legal action between State and a citizen (State (Regina or DPP)
V accused. There is a presumption of innocence which means the crown must proof beyond a
reasonable doubt that they re guilty, high standards apply because the punishment can be the
removal of liberty and freedom which is very high.
What is civil law? - (ANSWER)Legal action between citizens. Plaintiff (making complaint and
have to proof allegations) Vs Defendant. The standard of proof is the balance of probabilities (a
lower standard become the outcome is different and effect on people's lives). Outcome varies
depending on relief sought.
What is the coroners court? - (ANSWER)They investigate reportable deaths which are when: the
identity of the deceased is unknown, death occurred in suspicious circumstances (was violent or
unnatural), death occurred in care, custody or as a result of police operations, death was related
to healthcare.
What is the function of the coroner's court? - (ANSWER)They do not focus on laying blame or
assigning liability for the death. They create a recommendation on how to avoid a similar death
in the future.
What must the coroner determine in an inquest? - (ANSWER)Identify whether a death actually
occured, identity of the deceased, where, when and how they died, the medical cause of death.
An inquest is only held if the coroner decides there are broader issues of public health ad safety
that need to be examined, if there was a sudden, unexplained, unknown, natural or violent death,
if it occurred in a prescribed facility. The coroner may call upon outside doctors to give their
expert opinion and doctors directly related to the patient.
, What is the coroner's standard of proof? - (ANSWER)Briginshaw standard - in situations where
the consequences of the findings are more serious the balance of probabilities must be fairly
certain.
What is the Queensland Civil and Administrative Tribunal? - (ANSWER)QCAT has the
jurisdiction to hear occupational regulations and disciplinary matters for health professionals and
guardianship and administration for adults who lack decision making capacity. Benefits are that
it can resolve disputes and make decisions that are fair, just, accessible, quick and inexpensive.
Who are the people in court? - (ANSWER)Judge, judge's associate, court reporters, witness,
bailiff, crown prosecutor, defence lawyer, defendant, jury
What is the court process? - (ANSWER)Defendant pleads guilty or not guilty. If not guilty
Crown presents case which includes witnesses questioned by both lawyers then defence lawyer
does the same. They then do a closing address and jury makes decision.
What is ethics? - (ANSWER)It is a branch of philosophy that studies what we ought to do, it
seeks to clarify ad justify basic assumptions and beliefs about what it is to be ethics. There are
three aims types, meta-ethics, normative ethics and practical/applied ethics.
What is meta-ethics? - (ANSWER)Examines general characteristics of the ethical system and
seeks to answer high order ethical questions (what is good?)
What is normative ethics? - (ANSWER)Develops frameworks to guide actions, it is more
practical than meta-ethics and it seeks to describe good habits, standards, duties and
consequences. Creates a set of foundational ethical principles.
What is practical/applied ethics? - (ANSWER)Ethical question in specific contexts, relates to
dilemmas or problems of a specific topic.
What is ethics not? - (ANSWER)It s more than just applying a professional code of ethics,
professional etiquette, hospital policy, religion, public consensus gut feeling or the law. Acting
ethically is more than just passively following a set of rules, it requires us to actively and
critically think about our behaviour and course of action
