2805 NRS || QUESTIONS WITH 100% CORRECT
ANSWERS!!
What are the two main sources of law? correct answers Case law = legislation created by
parliament
Common law = judge made law
What is the court hierarchy? correct answers High Court of Australia
Court of Appeal
Supreme Court
District Court
Magistrate
How many judges are in the High Court? correct answers 3-7 judges
How many judges in the Court of Appeal? correct answers 3 judges
How many judges in the Supreme Court? correct answers 1 judge, 12 jurors
Is there a jury in the magistrate? correct answers No
Is there a judge in the district court? correct answers Yes, a judge and a jury
What are the types of law? correct answers Civil
Criminal
What is criminal law? correct answers queen (R) or director of public prosecutions (DPP) vs
citizens, beyond reasonable doubt
What is civil law? correct answers between citizens, plaintiff vs defendant, balance of
probability
When will a coroner be involved? correct answers to investigate reportable deaths
- unknown identity
- suspicious circumstances or was violent or unnatural
- in care or custody
- health care
What is the standard of proof for the Coroners court? correct answers Briginshaw Standard
What is the Briginshaw Standard? correct answers sits under the balance of probabilities, but
more certainty is required eg. could lose a career
What is the coroner required to find? correct answers - identity of the deceased
- when, where and how they died
- medical cause of death
What legislation is relevant to the coroners court? correct answers - Guardianship and
Administration Act 2003
, - Coroners Act 2003 QLD
What is the deontological theory? correct answers focus on doing ones duty, separates the
action from the consequences
What is the teleological theory? correct answers focus on the outcome of an act, the greatest
good for the greatest number (utilitarianism)
What is the virtue theory? correct answers the rightness or wrongness of an action derives
from the character of the person undertaking the act, virtues are habits once they are acquired,
they become characteristic
What are the four ethical principles? correct answers Autonomy
Beneficence
Non-maleficence
Justice
What is autonomy? correct answers self-determination, independence and free-will
What is beneficence? correct answers active well doing, conduct aimed at good and well-
being of others
Non-maleficence correct answers above all, do no harm
Justice correct answers fairness, rightness and equity
What is article 4 of the UDHR (Universal Declaration on Bioethics and Human Rights)?
correct answers benefit and harm
What is article 5 of the UDBHR? correct answers autonomy and individual responsibility
What is article 6 of the UDBHR? correct answers Consent
What is article 7 of the UDBHR? correct answers Persons without capacity to consent
What legislation is relevant to consent? correct answers - Powers of Attorney Act 1998
- Guardianship and Administration Act 2000
- Queensland Civil and Administrative Tribunal (QCAT) 2009
- Law reform Act 1995
- Consent to medical treatment and palliative care act 1995
- Mental health act 2016
- Family Law Act 1975
What are the types of consent? correct answers Implied
Verbal
Written
What are the elements of consent? correct answers 1. voluntarily
2. relates to the procedure
3. informed in broad terms
ANSWERS!!
What are the two main sources of law? correct answers Case law = legislation created by
parliament
Common law = judge made law
What is the court hierarchy? correct answers High Court of Australia
Court of Appeal
Supreme Court
District Court
Magistrate
How many judges are in the High Court? correct answers 3-7 judges
How many judges in the Court of Appeal? correct answers 3 judges
How many judges in the Supreme Court? correct answers 1 judge, 12 jurors
Is there a jury in the magistrate? correct answers No
Is there a judge in the district court? correct answers Yes, a judge and a jury
What are the types of law? correct answers Civil
Criminal
What is criminal law? correct answers queen (R) or director of public prosecutions (DPP) vs
citizens, beyond reasonable doubt
What is civil law? correct answers between citizens, plaintiff vs defendant, balance of
probability
When will a coroner be involved? correct answers to investigate reportable deaths
- unknown identity
- suspicious circumstances or was violent or unnatural
- in care or custody
- health care
What is the standard of proof for the Coroners court? correct answers Briginshaw Standard
What is the Briginshaw Standard? correct answers sits under the balance of probabilities, but
more certainty is required eg. could lose a career
What is the coroner required to find? correct answers - identity of the deceased
- when, where and how they died
- medical cause of death
What legislation is relevant to the coroners court? correct answers - Guardianship and
Administration Act 2003
, - Coroners Act 2003 QLD
What is the deontological theory? correct answers focus on doing ones duty, separates the
action from the consequences
What is the teleological theory? correct answers focus on the outcome of an act, the greatest
good for the greatest number (utilitarianism)
What is the virtue theory? correct answers the rightness or wrongness of an action derives
from the character of the person undertaking the act, virtues are habits once they are acquired,
they become characteristic
What are the four ethical principles? correct answers Autonomy
Beneficence
Non-maleficence
Justice
What is autonomy? correct answers self-determination, independence and free-will
What is beneficence? correct answers active well doing, conduct aimed at good and well-
being of others
Non-maleficence correct answers above all, do no harm
Justice correct answers fairness, rightness and equity
What is article 4 of the UDHR (Universal Declaration on Bioethics and Human Rights)?
correct answers benefit and harm
What is article 5 of the UDBHR? correct answers autonomy and individual responsibility
What is article 6 of the UDBHR? correct answers Consent
What is article 7 of the UDBHR? correct answers Persons without capacity to consent
What legislation is relevant to consent? correct answers - Powers of Attorney Act 1998
- Guardianship and Administration Act 2000
- Queensland Civil and Administrative Tribunal (QCAT) 2009
- Law reform Act 1995
- Consent to medical treatment and palliative care act 1995
- Mental health act 2016
- Family Law Act 1975
What are the types of consent? correct answers Implied
Verbal
Written
What are the elements of consent? correct answers 1. voluntarily
2. relates to the procedure
3. informed in broad terms
