Explain the australian legal system……………….
The binding set of rules of law is referred to as the constitutional law in Australia (Waller, 2000, p4).
The common Wealth of Australia came into place in the year 1901, Jan 1st (Waller, 2000, p.6).
The section 109 of the Australian constitution states that the States law yields to the Australian Law (Waller, 2000, p. 7).
The three levels found in South Australia’s court Hierarchy include; magistrate courts, county courts and Supreme Court of Victoria (Carnvan, 2000 p. 39).
In the Australia high court –the Supreme Court of Victoria there are a total of six puisne judges to make a ruling on an appeal or hear cases for the first time (Waller, 2000, p. 20)
The correction of legal or judicial error is done through appeals to the high court of appeal (Waller 2000, P. 23)
Victimless crime refers to a situation where the individual who has suffered damage can not provide identifiable evidence (Carvan 2000 P.30)
Yes you can if the misbehaviour can be proved beyond reasonable doubt (Carvan, 2000 P. 25)
Letter R stands for Railway commissioners. (Carvan 2000 P. 33)
Letters SASR stands for special Air Service Regiment (Carvan 2000, P. 33)
According to Skene the distinguishing factor between legal form and ethical duties is the difference of opinion where as the ethical duties define what is wrong and right, the legal duties define what is legal and illegal( Skene 2008, P. 8);
The standard proof that operates in civil cases is the evidence establishing the existence or non-existence of the alleged facts (Carvan 2000, P. 24)
The standard proofs that operate in criminal cases are the evidence beyond reasonable doubt; (Carvan 2000, P. 25)
The ethical obligations in professional codes do have a legal impact because the doctors found breaching the ethical obligations can be sued at the courts of law for damages (Skene 2008, p. 11)
Duty of confidentiality is not exceptionless in case of minors to guardians or in case there is a life that is endangered due to the confidential information held by the parties (Skene, 2008 p. 19)
The agency involved in governing the conduct of scientific research on human participants in Australia is Human research ethics committee (Skene 2008, p.9)
HREC refers to Human research Ethics Committee and its core constituents of membership; Chairperson(assistant Vice Chancellor), two lay people not involved in legal, medical or scientific work, at least one lawyer, religious leader and at least one person with the knowledge of scientific research (Skene 2008, p.9 ).
There do exists a framework that governs research on animals other than humans known as Animal Research Ethics (Skene, 2008, p.10)
Two causes of action to patients who believe they have been damaged by a health (Skene 2008, p. 11-13) professional failure to take reasonable care are to sue the doctor for the misconduct or sue the Health institution for the misconduct.
The doctor duty to protect the general public is the duty to rescue the general public within the scope of their employment (Skene, 2008, p.16)
Carvan, J., ‘Studying Law’ in Understanding the Australian Legal System, (4th Ed, 2000) pp 24 – 39
Skene, L, Law and Medical Practice: Rights, Duties, and Claims and Defences (3rd Ed, 2008) Chapter 2 pp 23-78
Waller, L., ‘Our Legal System’ in an Introduction to Law (8th Ed, 2000) pp 3 – 24
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