ABSTRACT
This chapter explains the basic court structure, which places the legal issues in context. Where no statute exists, the courts develop law by considering the particular set of circumstances in a case and making a decision. Those decisions become the law – hence the term 'case law'. Important decisions, together with reasons for their decisions, are recorded in Law Reports. A breakdown of communication either through the records or in some other way may result in an injury to the patient. This may give rise to an action in negligence. Record keeping is part of the duty of care owed by health professionals. If the standard of records fall short of what is expected then it may constitute a breach of duty of care. In criminal cases, the burden of proof is 'beyond all reasonable doubt'. The jury must be sure of the guilt of the defendant.
