HADM 400 Health Care Law exam
actual tips possible questions and
answers new update Athabasca
University
, U1.What is the difference between common law and statute law? - --Common law is judge-
made or court-made law that is published as written decisions and reasons for those decisions.
Statute law is legislature- or parliament-made law, depending on whether the law-making
power lies within the constitutional jurisdiction of provincial or federal government.
U1.What is the difference between a statute and a regulation? - --Statutes and regulations are
both "legislation." Regulations are subordinate to statutes, which means that the statute must
expressly give the power to make regulations. Regulations cannot be made in a statutory
vacuum. The primary difference between statutes and regulations is that statutes must be
made by federal Parliament or a provincial legislature through a process of presentation,
debate, and voting by elected members of those bodies. Regulations are passed by the body
that is given regulation-making power in the statute not by Parliament or a legislature.
Typically, in the health care arena, this means either the federal or provincial cabinet, or the
federal or provincial minister of health will be given the authority to make regulations, and the
scope of that power will be described in the statute. All the designated person has to do to
enact a regulation is pass it, file it with the appropriate government office, and gazette it (which
means that it must appear in a particular kind of formal publication).
U1.What court's rulings are stronger precedents—a provincial court of appeal or the Federal
Court of Appeal? - --Neither. Provincial and federal courts of appeal hear appeals from courts
with completely different jurisdiction. Supreme Court of Canada decisions, unless they are
distinguishable on the facts of cases in lower courts, are important precedents throughout the
court system. Federal and provincial court of appeal decisions are particularly important
precedents for the Federal Court, Trial Division, and provincial trial courts (variously called
Supreme Court, Court of Queen's Bench, General Division, and so on).
U1.If a court of appeal says that a teenager has the right to refuse necessary medical treatment,
and a provincial child welfare act says that the government has the right to override that refusal
if the treatment is lifesaving, which takes precedence legally, and why? - --Statutes that are
clear and directly relevant trump the common law. The consent of a "mature minor" illustrates
this principle. In two Alberta cases, the issue was whether a teenager could refuse consent to
life-saving medical treatment. As a mature minor she could, but under provincial child welfare
legislation the government could override that refusal and consent to treatment on her behalf.
The teenager's court challenge to the legislation failed.
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