Legal system Flashcards
(6 cards)
What is law of contract?
An agreement between 2 or more persons that is legally binding
What is law of tort?
A civil (not criminal) wrong other than a breach of contract or trust - covers negligence, nuisance, trespass (battery) & defamation
What is law of property?
Covers legal rights to property of all types
What is judicial precedent?
An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
Central to case law
- Court decisions must, where relevant, follow previous decisions of a higher or equivalent level fo court.
- binding precedent- future judges must follow even if they disagree w/ it
- Precedent may be persuasive but not binding- these originate from courts lower in hierarchy or from decisions of courts in other countries that use common Law system
Assess the impact of the Human Rights Act 1998 on medical law.
Came into form October 2000
Rights set out include:
- Right to Life
- Prohibition of torture, inhuman or degrading treatment or punishment
- Right to respect for private & family life
- Freedom of thought, conscience & family life
- Freedom of expression
- Prohibition of discrimination
Means unlawful for public authority to act in way that incompatible w/ convention right
Has had modest impact on medical law
- Has been successful in ensuring safeguards in place to protect patient’s right
Important articles in convention:
The right to life:
- Everyones life shall be protected by law & no one will be deprived of their life intentionally.
- European court interprets this as obligation to protect life, not just obligation to not take life
- might have implications- allocation of resources- e.g. patient might take legal action if denied expensive life saying treatment
- No breach of article in case involving w/drawa of life-saving treatment if in patient’s best interest.
The prohibition of torture:
- There is an obligation to provide medical treatment for patients who are detained
- Implies experimental medical treatment could amount to inhuman treatment- could have implications for clinical research
Right to respect for private & family life:
- Protection fo c confidential info is about respecting autonomy & dignity of individuals
- Underpins protection of confidentiality
- Article also states that breach of confidentiality can be justified if necessary to protect abuse (Child) or if its in public’s interests.
- Although decisions about end of life fall w/in respect for private life, law can restrict this right by prohibiting assisted dying-means of protecting vulnerable people
What is trespass to a person?
Consists of assault, batter or false imprisonment
In medicine- torn of batter most significant (person is touched w/out consent)
