Quiz 2 Flashcards
(16 cards)
What are the three meanings of ‘common law’?
- The body of law as made by judges through the determination of cases.
- A legal system that is based on that of England.
- The system of law that emerged following the Norman Conquest in 1066.
Laws created by Parliament is not a meaning of ‘common law’.
What does statute law refer to?
The body of laws created by Parliament in the form of legislation.
It does not refer to laws created by judges or doctrines based on fairness.
Which is the highest Court that an Australian can now appeal to?
High Court.
Other options include Supreme Court, Privy Council, and Federal Court.
What are the sources of law in Australia?
Only the Parliament and the Courts.
Which of the following is not a law made by Parliament?
- Precedent.
- By laws.
Legislation and Act are laws made by Parliament.
What is the standard of proof required for a conviction in criminal law?
Beyond a reasonable doubt.
Which legislation governs the registration and regulation of paramedics in Australia?
Health Practitioner Regulation National Law.
What is the primary difference between an Act and a Regulation?
An Act is enacted by the legislature while a Regulation is issued by the executive branch.
In the hierarchy of legal authority, where do Acts typically stand compared to Regulations?
Acts have higher legal authority than Regulations.
What is the fundamental principle underlying the concept of separation of powers?
Division of responsibilities among government branches.
Which branches of government are typically delineated in the doctrine of separation of powers?
Executive, legislative, and judicial.
What is the primary function of the Coroner’s Court in South Australia?
To investigate and determine the cause of certain types of deaths.
In what circumstances would a death be investigated by the Coroner’s Court in South Australia?
Only deaths that occur in suspicious circumstances.
What is the legal standard of proof required for a civil trial?
On a balance of probabilities.
What is the primary role of the Australian Health Practitioner Regulation Agency (AHPRA)?
To regulate and oversee the registration of health practitioners across various professions.
What bioethical principle is involved when a paramedic must decide which patient to prioritize for treatment?
Justice.
