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The British law in health and social (Civil law cases are heard in the…
The British law in health and social
Definition: Civil law...deals with disputes between individuals and the courts provide a location for the settlement of dispute. the courts will award compensation.
Definition: Criminal law..system of law concerned with punishment of offenders
Definition: Tort law..an action against an individual or company for a tortuous act, eg harm to someone or wrong doing.
Definition: Contract..a contract is an agreement between two parties including consideration (money) . If there is no consideration, the contract is not vaild.
Definition: Statue law.. written down law
Definition: Negligence..breach of care resulting in damages
Definition: Plaintiff, Client bringing the case to the judge
Definition: Defendant..Person or company the case is against
Civil law cases are heard in the country court and are sent up to the high court (with appeals)moving to court of appeal civil division and fianlly supermem court
How to reference civil law cases: Plaintiff (applicants name) v. dependents (name) ( DATE)
Common law -
Law made through Judicial precedent. Sometimes known as judge made law. Judges are bound to follow the decision made by higher courts. Judgments set precedents which bind lower courts in virtually all circumstances eg bolam test in health care
Statue law also known as acts of parliament-
Statue law take precedence over common law judgement. these are laws passed by parliament. The judiciaries role is simply to interpret legislation
Criminal law cases are heard in the magistrates court and move to the crown court for more serious offences. appeals move to the court of appeal criminal division an ultimately the supreme court
How to reference criminal law cases: R(regina(queen)) v. Accused (DATE)
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Bolam test:The accused doctor need only to find an expert who would testify to having done the same thing.
Rules of interpretation:
1)Literal rule: judges adhere to the exact wording of statue law.
2)Golden rule:if there is more than one possible interpretation, the judge should follow the most plausible.
3)Mischief rule: if there remains ambiguity the judge should look beyond the words if the act and try to discover why the law was passed.
Three elements must be established in every tort action. First the plaintiff must establish that the defendant was under legal duty to act in a particular fashion. Second the plaintiff must demonstrate that the defendant breached duty of care. Third the plaintiff must prove that they suffered injury or loss as a DIRECT result of the defendants breach.
Balance of probabilities, is used to determine whether the outcome was the most probable. if there are more than one possible outcome the judge can not rule in that favor.
Tort law can be traced back to the time of Norman conquest 1066. It was introduced by the French law.
Medical neglience falls under' english tort of neglience'. it is decribed as any conduct that falls short of the standard expectation of a person which causes foreseeable damages to another person.
Torts generally apply when no contract exists.
contract requires 5 basic actions:
-Offer
-Acceptance
-Consideration (money)
-Intention
-Capacity
If the one of the above cannot be proved, no contact exists.
