Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Introduction to English Law STUDY PACK > Introduction to English Law Study Pack > Flashcards

Introduction to English Law Study Pack Flashcards

(84 cards)

Start Studying
1
Q

When was Thalidomide sold and prescribed?

A

during the late 1950s

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When was Thalidomide sold and prescribed to pregnant women and How did it help them?

A

In the early 1960s and helped them to sleep and antisemitic to combat morning sickness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

It took several years for anyone to realise that thalidomide was?

A

Teratogenic - disturbs the development of the foetus leading to birth defects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When was The Committee on Safety of Drugs created in the UK?

A

In 1963

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What was the yellow card scheme and when was it introduced?

A
  • It was introduced after the Committee on the Safety of Drugs was created
  • a voluntary system for reporting adverse drug reactions (ADRs)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was the purpose of The Medicines Act 1968?

A

To control the safety, quality, and efficacy of medicinal products.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When was the Committee on Safety of Medicines (CSM) replaced by and when?

A

the Commission on Human Medicines (CHM)
in 2005

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the Commission on Human Medicines?

A

an advisory, non-department public body which is sponsored by the Department of Health and Social Care and provides advice to ministers on the safety, efficacy and quality of medicines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the Human Medicines Regulations 2012 Legislation?

A

new regulations set out a comprehensive regime for the authorisation of medicinal products for human use and manufacture, import distribution, sale and supply of those products; for their labelling and advertising and for pharmacovigilance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the two laws that the English Legal system includes?

A

statue law
common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does Statue Law consist of?

A

primary and secondary legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Primary Legislation

A

Used to describe the main laws passed by the legislative bodies of the UK (including UK parliament)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Secondary legislation?

A

the law created by ministers or other bodies under powers given to them by an Act of Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the division of Secondary and Primary legislation?

A

Primary legislation such as an Act of Parliament can take months to pass through all of the parliamentary processes whereas Secondary legislation such as regulations can be made very quickly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does parts 10 to 17 and 22 have in common?

A

they give powers to the Secretary of State to make regulations
part 10 is vague and gives very wide powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the Misuse of Drugs (Amendment) (England Wales and Scotland) Regulations 2014 do?

A

they were made in response to concerns about the trade-in khat, a herbal stimulant.
the regulations control the import, export, production , supply and possession of khat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the first step in creating a new law or changing an existing law on which coloured paper?

A

green - a consultation document put together by a Government department

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Is green paper a statement of policy?

A

no, it is not but it is supposed to stimulate discussion by putting forwards ideas for future government policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is the green paper available through?

A

the department’s website

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

who is able to comment on a green paper?

A

anyone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is the next step coloured as?

A

white paper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what does white paper explain?

A

the Government’s preferred future policy on the subject before it introduces legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

what does white paper allow the government to do?

A

to test public opinion and gather feedback before presenting a Bill to Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what does green paper and white paper together make up?

A

a consultation process before a new piece of legislation is put before Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What does the Parliamentary stage start off with?
the Monarch's speech
26
How often is the Monarch's speech made?
each year at the opening of Parliament and sets out the Government's propsals for legislation in the coming year
27
What happens at the stage of the Bill?
the proposed new law is then presented to Parliament
28
What can the Act of Parliament (statue) do?
can create a new law or change an existing law
29
What does all of Acts of Parliament make up?
the body of UK statue law
30
What is Common Law (case law)?
a body of law that has been built up over many years - based on the principle of judicial precedent
31
What does Judicial precedent mean?
when a decision has been made by a judge sitting in a court, that decision is binding in later cases where the facts are the same/similar - in common law a court bases its decisions on previous court decisions made in similar cases, judges only decide what is always has been not what the law is
32
what does Common Law cover?
Criminal Law Civil Law
33
What are the Other Areas of Law?
Criminal Civil Administrative Professional
34
What is Criminal Law?
crimes created by the Government
35
When does a crime occur?
When a person intentionally commits one of these activities or intentionally fails to do something required by criminal law
36
What are the two parts of crimes broken into?
the criminal act the criminal intent
37
What are some of the offences that are not important known as?
strict or absolute liability offences
38
What is criminal law enforced by?
the state - investigates crimes and detects offenders
39
What can the MHRA have the power to do?
to investigate some medicines offences such as the illegal sale or supply of a medicine
40
What does CPS stand for?
Crown Prosecution Service
41
Who are the state prosecute offenders?
CPS (Crown Prosecution Service)
42
What does the CPS do?
Prosecutes people accused of criminal offences in the criminal courts
43
Give two examples of when the CPS will prosecute?
* if they believe that they are to have a reasonable chance of winning the care (if there is sufficient evidence) and t* hat it is in the public interest to do so
44
What is the standard of proof?
the degree to which a party must prove its case to succeed
45
What is the burden of proof?
the requirement to satisfy that standard
46
What is beyond reasonable doubt?
the standard of proof required in a criminal court means that no other logical explanation can be deduced from the facts and evidence presented in court except that the defendant committed the crime
47
What examples are of the purpose of sanctions in criminal law?
* to punish offenders * to prevent them from re-offending * to deter others from committing the same offence * rehabilitation or helping the offender to move away from crime
48
What is the purpose of Civil Law?
To regulate human relationships, protect individual rights, and provide compensation when rights are infringed
49
Who do Civil Law deal with?
the relationships between individuals or companies
50
Who does Civil Law cover?
a wide range of matters such as contracts, libel , slander , trespass and negligence
51
Who are Civil Law actions taken by?
An individual (the Claimant) who sues another person or body corporate (the Defendant)
52
What are Civil Law actions designed to do?
correct problems not to punish or deter
53
What is a civil wrong?
a tort
54
What is the most common tort?
negligence - which is based on the decision of the House of Lords in the case of Donoghue v Stevenson (1932)
55
For a claim of negligence to be successful under the law, what are the following elements that must exist?
* there must be a duty of care owed by the defendant to the claimant * the defendant must have breached that duty * the claimant must have suffered loss or injury as a result of that breach * the next stage, if breach of duty and causation is established, is to quantify the claim for compensation or damages
56
What are the important points from the Dwyer v Roderick, Jackson and Cross Chemists (Banbury) Limited (1982)?
* it is not enough for a pharmacist to say that they have followed a prescriber's instructions to avoid being found negligent. Both pharmacists and prescribers owe their patients a duty of care independently. * not the apportionment of liability when a pharmacist dispenses a prescription which has been written incorrectly by a prescriber
57
What happens in Prendergast v Sam & Dee Limited (1988)?
this case was examined the apportionment of liability fault was found to lie with the pharmacist (75%) since the dosage that had been prescribed was completely inappropriate for the item which had been misread
58
What happened in the Horton v Evans and Lloyds Pharmacy Limited (2006)?
US doctor had prescribed an incorrect dose of medication, the judge found that this didn't break the cause of causation, this was because the doctor had relied upon a bottle of medication that had originally been dispensed without appropriate intervention by the pharmacist
59
What is Administrative Law part of?
* Civil Law - which creates and regulates public bodies such as NHS Authorities, Hospital Trusts and CCGs and regulates their activities * sets out their responsibilities and gives them the authority they need to take on those responsibilites
60
Who does Professional Law give powers to which regulatory body?
GPhC or GMC - the power to register and discipline relevant health professionals
61
What does the Pharmacy Order 2010 do?
provides the GPHC with the authority to discipline pharmacists
62
What occurred in August 2022?
the GPHC wrote to pharmacists and pharmacy owners detailing what it described as the 'serious patient safety concerns' which have been identified in relation to online pharmacies and online prescribing services
63
What does the GPHC state about open Fitness to Practise cases heard by the GPHC relate to online services?
more than 30% - significant figure
64
What are the two separate sets of courts in England?
One deals with criminal matters One deals with civil
65
Where are criminal cases heard in?
A magistrates court - less serious offences (summary offences) - most motoring offences or minor assaults
66
Where are serious cases passed too?
Crown court - in front of a jury - theft to handling stolen goods to rape, murder or robbery
67
Who has a lower maximum penalty?
magistrates
68
Who has a higher maximum penalty?
Crown court
69
Where are civil cases initially heard?
County court (most civil cases) or Family court (family cases, divorce, child custody, etc)
70
Where are serious cases passed too?
the High court
71
Can Court of Appeal appeal civil and serious cases?
yes both type of cases can
72
When can cases be passed upwards to the Supreme Court?
important cases which may set a precedent for the future
73
Does Brexit prevent cases being taken to the European Court of Human Rights?
It does not as this is not an EU institution
74
When did the UK withdraw from the EU?
31st January 2020
75
As EU laws were introduced into our own laws, what directives were these introduced through?
the Medicines Directive 2001- they were obligated to enact legislation to fulfill the objectives of the directives - any decision made by the European Court of Justice and European law superseded the decisions made by the courts in the UK
76
What ACT was passed in order to help prepare the UK's withdrawal from the EU?
The European Union (Withdrawal) Act 2018
77
What were the two main purposes of the European Union (Withdrawal) Act 2018?
* repeal the European Communities Act 1972 * ensure that EU-derived domestic legislation and already operational direct EU legislation continued to have effect after exit day
78
Why was the Medicines and Medical Devices Act 2021 enacted?
* to allow amendments to be made to the Human Regulations 2012 as well as other legislation now that we left the EU * also established to a new Patient Safety Commissioner in England
79
What does ECHR stand for?
European Convention on Human Rights
80
What is the ECHR?
an international human rights treaty between 47 states that are members of the Council of Europe - signed by the UK in 1950
81
What does ECHR represent?
a legal commitment to guarantee certain fundamental freedoms, protect the rule of law and promote democracy in European countries
82
When was the ECHR formally incorporated into law in the UK?
When the Human Rights Act 1998 was passed
83
84

Introduction to English Law STUDY PACK (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions