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A-Level Law > English Legal System > Flashcards

English Legal System Flashcards

1
Q

What are the 2 outcomes of English Law

A

Guilty
Not Guilty

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2
Q

Who is the defendant

A

Is the individual being sued by the claimant

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3
Q

Who is the claimant

A

The individual seeking justice through monetary or non monetary compensation from the defendant

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4
Q

Why should court cases be a last resort

A

It can be very expensive and even further expensive if you lose the case and end up paying the opposite party’s fees

Mundane matters can be solved through mere negotiation

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5
Q

How do you name a civil case

A

Name of Defendant v. Name of Claimant

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6
Q

What are the things courts can award

A

COMPENSATION to damages

INJUNCTION where the court orders the defendant to do something or stop doing something

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7
Q

What If Negotiation Fails

A

If the other party does not respond to claim despite many attempts it time to take legal action

In this case a solicitor will send a letter to the opposite party outlining the claim

This action is usually enough to lead to some form of bargaining where then an agreement is reached

If this action proves useless the final push is to go to court

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8
Q

Lawyers

A

Anybody working in law

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9
Q

Solicitors

A

People in law who are involved with civil cases and administrative maths

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10
Q

Barrister

A

Someone who represents individuals in court

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11
Q

County Court

A

Lowest court of the civil system. Mostly where civil disputes begin

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12
Q

High Court

A

Where larger more complex lawyer claims begin

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13
Q

How many CCs are there around the country

A

200 County Courts around the country

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14
Q

What types of cases does the CC deal with

A

Contract and Tort Cases
Recover of Land Cases (Evictions)
Disputes over partnerships trusts and inheritance up to £350K

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15
Q

What are Tort Cases

A

Where someone is wronged but not in a criminal manner

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16
Q

Where are CC cases heard

A

They are heard in public by Circuit judges. In some cases a jury of 8 can sit with the judge if it’s a case of defamation, torts of malicious persecution or false imprisonment

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17
Q

Who can represent the claimant and defendant in court

A

Solicitor or Barrister

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18
Q

Small Claim

A

Relatively small amount of money sorted usually within a day in the County Court

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19
Q

Fast Track Claims

A

Slightly Larger amounts of money usually in the County Court

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20
Q

Multi-Track Claims

A

Large amounts of money usually quite complex and are held in the High Court

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21
Q

Circuit Judge

A

Lowest form of Judge usually placed in a county court

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22
Q

What are the 3 Divisions of the High Court

A

Queen’s Bench
Chancery
Family

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23
Q

Queen’s Bench

A

Over 70 Judges
Deals with contract and tort cases over £100K claims
A single judge presides and occasionally there can be a Jury of 12 in cases of fraud libel slander and malicious persecution or false imprisonment

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24
Q

Chancery Division

A

Consists of 18 Judges
Deals with insolvency cases enforcement of mortgages copyright and patent cases intellect property rights
A single judge presides

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25
Q

Family Division

A

19 Judges
Deals with family cases where there might be disputes about which country’s laws apply for family matters under The Hague Convention
Also deals with applications for Habeus corpus where a child’s liberty is involved

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26
Q

Appeal

A

When a decision is made in the lower courts where that decision can be reversed in the higher courts

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27
Q

Hierarchy of Courts

A

Supreme Court
Court of Appeal
High Court
County Court

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28
Q

Are appeals automatic

A

Appeals are not automatic therefore there needs to be a valid reason before an appeal is heard

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29
Q

What is the one condition where Criminal Appeals end up in the Queen’s Bench

A

When a point of law has been overlooked or got wrong

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30
Q

Commercial Court

A

Has specialist judges that deal with insurance banking and other commercial matters

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31
Q

Admiralty Court

A

Deals with disputes at sea

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32
Q

Cases Dealt by family division

A

Decrees relating to divorces
Adoption
Aspects of Domestic Violence
Financial Support of a child after the fall of a relationship or divorce

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33
Q

Probate

A

Where a person dies and does not leave a will therefore requiring the aid of the legal system to fairly divide the deceased assets amongst the family

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34
Q

IPEC

A

Intellectual Property Enterprise Courts

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35
Q

How to start a court case

A

In the first instance pre action protocol must be followed:

A letter is sent out detailing the claim which the defendant has 3 months to respond to

In an ideal situation of evidence is needed a legal expert should be agreed upon by both parties to look at evidence

If these conditions are not met by the opposite party then the only option is to go to court

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36
Q

Which Courts to use

A

For claims under £100K the case will start in the CC. If the outcome is not satisfactory an appeal will be issued to the High Court. An exception are personal injury cases over £50K and defamation of character cases where these would go straight to the HC. The High Court is where the large more complex cases are dealt with over £100K.

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37
Q

How are claim costs figured out

A

It is dependant on the size of the claim. At the lowest is £35 and highest in the CC is £455. For claims over £200K the fee is £10K

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38
Q

Which court to issue a claim to

A

If you are claiming in the CC you can choose from 200 CCs in the country. If you are going to the high court you either file it at one of the 20 District Registries or at the HC directly in London

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39
Q

What are the things a defendant can do when they receive a claim

A

They can:

Admit the claim and settle

Send an acknowledgment of service form (N9) within 14 days and his defence within an extra 14 days

Ignore. This is called a default and in this case the claimant can ask the court to order the defendant to pay the claim and costs

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40
Q

Small Track

A

Disputes under £10K

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41
Q

Fast Track

A

Disputes between £10K - £25K

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42
Q

Multi Track

A

For cases over £25K

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43
Q

Advantages of small claims

A

Low Costs
You can take the case yourself
Procedure is quick

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44
Q

Disadvantages of small claims

A

There is no legal aid
Only 60% of claimants actually receive all the money awarded
If the other side is a business they are more likely to use a lawyer

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45
Q

When are Fast and Multi track cases heard

A

Within 30 weeks

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46
Q

How long do Multi Track cases last

A

Often longer than 1 day

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47
Q

House of Lords

A

Used to be the highest court

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48
Q

Supreme Court

A

The highest court in the England

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49
Q

What were the highest judges called

A

The Law Lords however are referred to as the Supreme Court Justices

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50
Q

Civil Division Court Hierarchy

A

Supreme Court
Court of Appeal
High Court
County Courts

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51
Q

Criminal Division

A

Supreme Court
High Court
Crown Counts
Magistrates Court

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52
Q

The Woolf Reforms

A

Lord Wolfe wrote a report called ‘Access to Justice’ in 1996. Woolf argued that the civil courts were not delivering justice in a fair or accessible way

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53
Q

Lord Woolfe’s proposals

A

Extending small claims up to £3000
A fast track for straightforward cases of moderate value
A multi-track for cases of £10,000
Encouraging the use of alternative dispute resolution
Giving Judges more of a responsibility for managing cases
Simplifying documents and proceedings

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54
Q

Successes of Lord Woolfe’s proposals

A

Cooperation between parties is improving
Increased rate of settlement in cases
Less Delay
Judges now more active in cases
More emphasis on keeping costs proportionate

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55
Q

What has yet to be achieved or Lord Woolf’s Proposals

A

Costs are still relatively high

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56
Q

Further Reforms

A

Level of personal injuries claims likely to rise from £1K-£5K
Change in the civil procedure rules

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57
Q

Lord Briggs 2018 proposals

A

Setting up out of hours mediation service in the CC
Setting up online court

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58
Q

Appeals in Civil Cases

A

If the case was heard by a District Judge in the CC then the level of Judge would go up to Circuit Judge. If an appeal is then issued after that the case would move up to the High Court then,Court of Appeal and then ultimately the Supreme Court

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59
Q

Second Appeals

A

Only granted to the Court of Appeal or if very important case it takes a leap frog into the Supreme Court

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60
Q

Advantages of using courts

A

The process is fair where everyone is treated alike
The trial is conducted by a legal expert with decision made by a qualified lawyer
It is possible to get legal aid

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61
Q

Disadvantages of using courts

A

Costs-the cost of filing a claim and the court process is costly
Delay-there a preliminary stages to go through that add to the length of the case. Claims may take up to 30 weeks to merely look at the case

Uncertainty-there is no guarantee of winning a case

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62
Q

Precedent

A

Decision taken on a case in the Higher courts that when a similar case appears in the lower courts they must follow that decision

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63
Q

ADR

A

Alternative Dispute Resolution

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64
Q

Litigation

A

Pursuing a legal case

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65
Q

Inquisitorial Questions

A

Questioning in a harsh and intensive manner

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66
Q

Levels of ADR

A

Negotiation
Mediation
Conciliation
Arbitration
Tribunals
Litigation

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67
Q

Negotiation

A

Parties themselves

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68
Q

Mediation

A

Parties with the help of 3rd parties

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69
Q

Conciliation

A

Parties with the help of a neutral 3rd party who actively suggests solutions

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70
Q

Arbitration

A

Parties agree to let 3rd party make a binding decision

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71
Q

Tribunals

A

Parties go to a tribunal where a panel of independent people make the decision for them

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72
Q

Litigation

A

Parties go to court and judge decides the case

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73
Q

MIAM

A

Mediation Information and Assessment Meeting normally used in family cases

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74
Q

ACAS

A

Advisory Conciliation and Arbitration Service for disputes between employers and employees

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75
Q

Pros of Negotiation

A

It can be conducted by the parties themselves
Cheapest method of resolving a dispute
Can include agreement in future business deals

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76
Q

Cons of Negotiation

A

It may not be successful
Not suitable for antagonistic parties
Prolong issue as there may need to be repeated attempts

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77
Q

Pros of Mediation and Conciliation

A

Parties are in control can withdraw at any point
Based in business common sense
Makes it easier for companies to do business in the future

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78
Q

Cons of Mediation and Conciliation

A

No guarantee the matter will be resolved meaning you may have to go to court
Requires skilled mediators or conciliators

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79
Q

Arbitrator and the hearing itself

A

Depending on what is agreed there may be 1-3 arbitrators. The method of choosing an arbitrator is up to the 2 parties. If dispute involves a point of law a lawyer may be appointed. Hearings can either be in paper where the arbitrator reads everything and then comes to a conclusion or a face to face meeting. Witnesses can also be called. The arbitrators final decision can be legally binding

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80
Q

When were tribunals first established

A

In the second half of the 20th century

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81
Q

What was the reason for tribunals

A

As a means to enforce people’s social rights - sex/age/race/discrimination/unfair dismissal

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82
Q

Are tribunals a part of the court structure

A

They reside alongside the court structure but are not a part of it

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83
Q

Are tribunals formal

A

They are not as formal as courts

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84
Q

Tribunal Structure

A

Courts and Enforcement Act of 2007 reformed the old tribunal system and created a 2 tier system

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85
Q

First Tier Tribunal

A

Handles 600k cases a year. Nearly 200 judges and 3600 lay members.
Different divisions known as chambers

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86
Q

What are the different tribunal divisions

A

Social Entitlement Chamber
Health Education Social Care Chamber
War pensions and armed forces compensation chamber
General Regulatory chamber
Taxation chamber
Land property and housing chamber
Asylum and immigration chamber

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87
Q

Upper Tribunal

A

Hears appeals from the first tier tribunal
4 chambers
There is a further appeal route to the court of appeal and from there to the Supreme Court

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88
Q

Procedures at tribunals

A

Usually presided by one judge. They may be assisted by some non lawyer who are experts in their fields depending on the type of tribunal.
Formality depends in tribunal but both sides are given an opportunity to have their say

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89
Q

Pros of tribunals

A

Cheaper
Quick hearings
Informal
Expertise

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90
Q

Cons of tribunals

A

Lack of funding
More formal than ADR
Delay

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91
Q

What does ODR stand for

A

Online dispute resolution

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92
Q

What is ODR

A

Is a method of resolution where technology is used in low value civil cases as going to a traditional court can be very expensive for most people

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93
Q

CPS

A

Crown Prosecution Service

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94
Q

PACE

A

The Police and Criminal Evidence Act 1984

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95
Q

What were the PACE codes of practice

A

Stop and Search
Arrest
Detention
Investigation
Identification
Interviewing detainees

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96
Q

What are the classes of offences

A

Summary
Triable-either-way
Indictable Offences

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97
Q

Summary

A

Least Serious eg driving offences,common assault,minor criminal damage.
Always held in the Magistrates Court

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98
Q

Triable-either-way

A

Middle ranged crimes eg theft,assault causing actual bodily harm
Held in either Magistrates Court or in the Crown Court

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99
Q

Indictable

A

Most serious and always tried eg Murder,Manslaughter,Rape
Always held in the Crown Court and upwards

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100
Q

What are the 2 questions the CPS must ask before charging someone

A

Is there strong enough evidence and realistic prospect of communication?
Is bringing the case to court in the public interest?-Seriousness,culpability etc

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101
Q

Preparing the Case

A

Once the defendant has been charged a team is then assigned the case. They are also encouraged to make a Victim Personal Statement

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102
Q

What does the Victim Personal Statement include

A

Has the suspect been charged or not
Be informed of the time,date and location of hearing
Be informed of any outcome of the hearing

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103
Q

What to expect if victim is giving evidence

A

Support from the witness care unit
Have a court familiarisation unit
Enter and exit court from different entrance and sit in a separate waiting area
Meet and discuss the case with the CPS prosecutor

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104
Q

Prosecution

A

The institution and conducting of legal proceedings against someone in respect if a criminal charge

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105
Q

Who presents the case in the Magistrates Court

A

The prosecution case is presented by a CPS lawyer who acts as Crown Prosecutor. It can also be put by specially trained lay people who act as Associate Prosecutors

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106
Q

Who presents the case in a Crown Court

A

The case is presented by a Crown Prosecutor with an appropriate advocacy qualification or by an agent and independent barrister and solicitor

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107
Q

Advantages of trial in court

A

More likely to be acquired during a crown court trial
More likely to receive legal aid if you’re poor and sent to the Crown Court

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108
Q

Disadvantages of trial in court

A

Time/Long Wait
Costly
More likely to have media coverage

109
Q

Criticisms of trial in court

A

Lack of efficiency with come cases eg not ready to proceed in the day of trial
Some cases may be discontinued due to lack of evidence and failing public interest test

110
Q

Bail

A

Is the practice of releasing a person either from police custody or whilst they’re going through courts

111
Q

Custody

A

Refers to a prison sentence

112
Q

Reasons bail can be denied

A

Risk of failure to surrender to custody
Likelihood of committing another offence
Possibility of interfering with witnesses
Nature and seriousness of the offence
Character and past record of the accused

113
Q

What are the aims of sentencing

A

Punish the offender
Reduce and deter crimes
Reform and rehabilitate the offender
Protect the public

114
Q

Retribution

A

Refers to vengeance

115
Q

How does retribution work

A

The punishment should fit the crime
There must be a sense that society and the victim are avenged

116
Q

Determining the offence category

A

Category 1
Category 2
Category 3

117
Q

What is a category 1 offence

A

Greater harm and higher culpability

118
Q

What is a category 2 offence

A

Greater harm and lower culpability or lesser harm and higher culpability

119
Q

What is a category 3 offence

A

Lesser harm and lesser culpability

120
Q

What are the category ranges

A

Category 1
Category 2
Category 3

121
Q

What is a category 1 range

A

1 year 6 Months custody
1-3 Years custody

122
Q

What is a category 2 range

A

26-51 Weeks in Custody
Low Level Community Order

123
Q

What is a category 3 range

A

Band A Fine
Medium-High Level Community Order

124
Q

Denunciation

A

Where society expresses it disapproval towards an act

125
Q

Deterrence

A

The threat of punishment

126
Q

Ways of protecting the public

A

Long Custodial Sentences
Tagging

127
Q

Rehabilitation/Reform

A

An act that aids someone to change their ways

128
Q

Examples of rehabilitation and reform

A

A drug abuser. May be sent to a facility to detox or an educational programme

129
Q

Pre-Sentence Report

A

Individualised sentences where the defendant’s history is taken into account

130
Q

Factors in determining a sentence

A

Aggravating Factors
Mitigating Factors

131
Q

Aggravating Sentence

A

Factors that worsen the case eg newly discovered evidence

132
Q

Mitigating Factors

A

Factors that lessen the case

133
Q

2 Factors in determining a sentence

A

What were the factors surrounding the offence?
Was the victim attacked by a group/was the victim vulnerable

134
Q

What might a court Impose a lighter sentence

A

Did the offender cooperate with the police
Did they help identify others involved in the crime
Did they have a mental illness
A physical illness
Any previous convictions
Did they show genuine remorse

135
Q

Guilty Plea Guidelines regarding sentencing

A

At the first reasonable opportunity=1/3 off sentence
After the trial date has been set=1/4 off sentence
Door of the Court=1/10 off sentence

136
Q

Mandatory life sentence

A

The only sentence a judge can impose for murder

137
Q

What cases can full life sentences be issued

A

The murder or abduction of a child with a sexual motive
A murder done for political,religious,racial or ideological reasons

138
Q

Types of custodial sentences

A

Discretionary Life
Fixed Term
Suspended

139
Q

Discretionary Life

A

For an offence causing grievous bodily harm with intent. Judge can give lesser sentence depending on the circumstances

140
Q

Fixed Term Sentences

A

Depends on the nature of the crime. Only offender over 21 are affected. Prisoners are automatically released when half of their sentence is served

141
Q

Suspended Sentences

A

These can be issued on the understanding that if the offender does not commit another offence over a certain period of time they will not have to serve a prison sentence. However if they do reoffend they will be sent back to prison to serve the first and second offence

142
Q

What can the Criminal Justice Act 2003 allow the court to impose

A

One of multiple of the following sentences:

Unpaid Work
An activity requirement
A programme requirement
Curfew requirement
A drug rehab requirement

143
Q

What kinds of cases to Magistrates deal with

A

Summary
Triable either way
Indictable

144
Q

Summary Trials

A

Least Serious criminal offence
Series of fines ranging from £200-£5K
Maximum Prison Sentence up to 6 months eg driving offences and shoplifting

145
Q

Paths of a Guilty plea

A

Guilty
Not Guilty

146
Q

If pleads guilty

A

Prosecutor outlines the facts of the case
Past records
Extra Information eg: reports
Mitigation
Sentence

147
Q

If pleads not guilty

A

Trial with prosecution evidence and defence evidence
Decision by Magistrates
Guilty/Not Guilty-Sentenced or Let go

148
Q

What happens if defendant pleas guilty in the Crown Court

A

It will be heard by a Judge

149
Q

What happens if defendant pleas not guilty in the Crown Court

A

It will be heard by a judge AND jury

150
Q

The pre trial schedule

A

The indictment is formally set out
Prosecution and defence disclose any evidence to use at the trial
Defence give a written statement to the prosecution
Plea and trial preparation hearing will occur

151
Q

What is Plea and Trial Preparation hearing (PTPH)

A

This identifies issues and sets out the timetable and decides whether further case management hearing will occur

152
Q

Case stated appeals

A

These are special appeals where the defence believes the original trial Magistrate or judge made a mistake about the law. These are referred to the Administrative court and heard by 2 high court judges

153
Q

The Appeals Route

A

Begins with a trial at Magistrates Court
If appealed to the crown court it will be defence only
If case stated appeal it will go to the Queens Bench
From there it makes it way up to the Supreme Court

154
Q

Quash

A

To set aside and void

155
Q

What can the prosecution appeal against

A

A judges’s ruling
A acquittal
Point of law or against sentence

156
Q

Against a judge’s ruling

A

the trial judge can stop a case if ruling on point of law

157
Q

Against acquittal

A

Only 2 limited situations in which the prosecution can appeal against acquittal:
-Evidence of jury nobbling
-New and compelling evidence has arisen

158
Q

Referring a point of law

A

Where the judge may have made an error in explaining the law to the jury, the prosecution have the right to refer to a point of law

159
Q

Against the sentence

A

if attorney general thinks the sentence is unduly lenient they can refer this to the court of appeal

160
Q

Double Jeopardy

A

The rule which states that a person couldn’t be tried on the same offence even if they have been tried in the past

161
Q

The Criminal Cases Review Commission (CCRC)

A

is the statutory body responsible for investigating alleged miscarriages of justice in England Wales and NI

162
Q

Lay Magistrates

A

Are non-legally qualified members of society. They are also referred to as the Justices of Peace. There are 17,500 in England and Wales. Sit in a bench of 2 or 3. If there is a single magistrate their powers are limited. Must be ages 18-65 on appointment but can serve till the 70s. Must live and work within their allocated local justice area. Unpaid apart from expenses. Must commit to sit 26 and a half days a year

163
Q

Who is barred from becoming a lay magistrate

A

People with serious criminal convictions
Police Officers
Traffic Wardens
The hearing impaired
Undischarged Bankrupts
Members of the forces

164
Q

6 Qualities of lay magistrates

A

Good Character
Understanding and Communication
Social Awareness
Maturity and Sound Temperament
Sound Judgment
Commitment and reliability

165
Q

Selection and Appointment of Lay Magistrates

A

There are about 700 appointments each year which are made by the LORD CHIEF JUSTICE who delegates to a SENIOR PRESIDING JUDGE. Recommendations are made by a local advisory committee. Members tend to be ex-justices of peace, a maximum of 12 members with a mixture of mags and non-mags.

2 Stage Interview process. First interview is mostly is about candidates attributes. The Second Interview is about judicial aptitude. Successful candidates have their names submitted by a panel to the Lord Chief Justice who then makes appointments. The aim is to recruit a panel as broad as society. There are 11 categories

166
Q

Magistrates in Criminal Cases

A

They send the most serious offences to the Crown Court. Magistrates decide if the defendant should be:
Kept in custody
Let put on strict conditions

167
Q

What kind of crimes to mags deal with

A

Minor assault
Motoring offences
Theft
Handling stolen goods

168
Q

What kind of punishments to magistrates give

A

Fines
Unpaid work in community
Prison up to 6 months

169
Q

Composition of the bench

A

53% are women
11% are from ethnic minorities
4% have a disability

170
Q

Role of magistrates

A

Deal with preliminary: Early Administrative Hearings, Remand Hearings and Bail Applications
Hold trials where defendant has pleaded not guilty and sentence when they plead guilty
Mags can also hear youth cases however must be specially nominated to carry out these hearings

171
Q

Training to be a magistrate

A

Supervised by the Magisterial Committee of the Judicial College
These trainings add up to about 21 hours or 3 and a half days
The training could take place over:
.a long weekend
.weekdays
.short evening sessions over several weeks

Three Parts to the Syllabus:
1. Initial Introductory training- the role and responsibility,duty,administration etc
2. Core Training-acquiring and developing the key skills of a competent magistrate
3. Activities-observations of court sittings,visit to a prison,probation office etc

172
Q

Three Parts to the Magistrate syllabus

A

Initial Introductory training
Core Training
Activities

173
Q

Initial Introductory Training

A

The role,responsibility,duty and administration

174
Q

Core Training

A

Acquiring and developing the key skills of a competent magistrate

175
Q

Activities

A

Observation of court sittings,visit to prison,probation office etc

176
Q

Magistrates Clerk

A

Legal advisor to the bench and deals mainly with admin,issuing warrants for arrests,criminal proceedings and dealing with Early Administrative Hearings

177
Q

Pros of Lay Magistrates

A

Represents a Cross Section of Society
Good Local Knowledge
Cost
Training

178
Q

Cons of Lay Magistrates

A

Middle Aged Middle Class
Inconsistency in sentencing
Reliance on the clerk
Prosecution Bias

179
Q

Jury Nobbling

A

The actual or attempted influence on one or more of the jury members

180
Q

Bushell (1670)

A

Several Jurors refused to convict Quaker activists of unlawful assembly. The trial judge would not accept the not guilty verdict and ordered the jurors to resume deliberations without food and drink. The court fined them and committed them to prison until fines were paid. The outcome of this case is that jury must be free to make their own decisions guilty or not guilty

181
Q

McKenna (1960)

A

The judge at the trial threatened the jurors that if they did not return to the verdict within another 10 min they would be locked in prison all night

182
Q

Jury Qualifications

A

Randomly selected from the electoral register
Under the Juries Act 1974 to qualify for jury service a person must be:
.between 18 and 75 years old
Registered to vote in parliamentary or local government elections
A registered citizen in the Uk,the Channel Islands or Isle of Man

183
Q

Jury Disqualifications

A

People serving life sentences
Detention during her majesty’s pleasure
Imprisonment for public protection
An extended sentence
A term of imprisonment for 5 or more years
Mentally Disordered Persons
Lawyer and Police officers

184
Q

Discretionary Excusals

A

Members of the serving forces
Those too ill to attend or a disability
Mothers with young babies
People with business appointments
People who booked a holiday

185
Q

What can non-attendance to jury without a reason result in

A

An £1000 fine

186
Q

Lack of capacity and deaf jurors

A

Blindness or lack of English language ability does not automatically excuse you however you will be discharged if you prove to be a hindrance

Deaf Jurors would require sign language interpreter which is not allowed

187
Q

Vetting and Challenging selection of the jury

A

Routine police checks are not standard procedure however can be requested by defence and prosecution

Vetting a juror’s background can also be taken into account if there’s potential conflict of interest

188
Q

R v Crown Court at Sheffield ex Parte Barlow (1980)

A

Ruled that police checks are an invasion of privacy

189
Q

R v Mason

A

Permitted as it was ruled that sitting on the jury with a criminal conviction is an offence

190
Q

Reasons to challenge a jury

A

To the array
For the cause
Prosecution right to stand by jurors

191
Q

To the array

A

Section 5 Jury Act. A challenge to the whole jury on the basis that it has not been chosen in a representative way

192
Q

For the cause

A

When the right of an individual juror can be challenged for instance if they have been disqualified or are related to a witness or defendant

193
Q

Prosecution right to stand by jurors

A

Only prosecution can use this. One juror can be put to the end of the list and will only be used of there are not enough jurors. No reason needs to be given

194
Q

Jury’s Role in criminal cases

A

Split function

195
Q

Split function

A

Where the judge decides the points of law and tells the facts to the jury. The judge can direct the jury however their decision is final

196
Q

Majority Verdict

A

Although unanimous verdicts are preferred if at least 2 hours have passed, the judge can call the jury back in and accept a majority verdict.

197
Q

Why was majority verdict introduced

A

To prevent jury nobbling

198
Q

How does the majority verdict work

A

It states that 10:2 or 11:1 majority is allowed on a full jury of 12, anything less and only one can dissent

199
Q

Advantages of using juries

A

Public Confidence
Jury Equity
Open system of justice
Secrecy of the jury room
Impartiality

200
Q

Public Confidence

A

The right to be tried by one’s peers is a bastion of liberty

201
Q

Jury Equity

A

Do not have to give reasons for their verdict and can judge based on their own ideas of fairness

202
Q

Open system of justice

A

Public are involved and the entire process is public

203
Q

Secrecy of the jury room

A

Discussions are confidential and protected from external influence

204
Q

Impartiality

A

Not connected to anyone in the case. Eliminates bias

205
Q

Disadvantages of using Juries

A

Perverse Decision
Secrecy
Exception
Jurors and the internet
Racial Bias
Jury Tampering

206
Q

Perverse Decision

A

Where jury ignores evidence and gives a wrong decision

207
Q

Secrecy

A

No way to know if jury truly understood the case

208
Q

Exception

A

2 Exceptions Court will inquire:
.first is where jury is asked to take an oath to try case according to the evidence
.second is extraneous material has been introduced into the jury room

209
Q

Jurors and the internet

A

Jurors decisions may be influenced by media and people in the internet therefore making a false and biased decision

210
Q

Racial Bias

A

Some jurors have prejudices about others therefore may give a false verdict convicting the defendant due to the race and appearance

211
Q

What do solicitors do

A

Specialising- either general or in a particular field
Conveyancing- buildings, houses and land
Advocacy- representing in court

212
Q

The Law Society

A

Is a body which represents all solicitors in the UK and in order to practice you must be recognised and registered member

213
Q

Complaints against solicitors

A

Solicitors can be sued for negligence and for providing a poor service

214
Q

Where do you refer complaints against a solicitor

A

Can be referred to a Legal Ombudsman

215
Q

Complaints against a Barrister

A

Can only be sued for negligence on the grounds that they have provided incorrect advice about the law

216
Q

Griffifths v. Dawson (1993)

A

Solicitors can be sued for negligence

217
Q

What do ombudsman do

A

Have the authority to investigate complaints in behalf of citizens who feel they’ve exhausted all other avenues of complaint. They have authority to issue fines to get compensation from the firms that have been complained about

218
Q

Work of a Barrister

A

Work independently and usually work from a set of chambers. Most advocate in court. Barristers can be approached by a client directly or a solicitor on behalf of a client. Barristers cannot turn down a case if they are free but can only turn down a case if it requires further investigation

219
Q

What is the professional body of barristers called

A

The General Council of the Bar

220
Q

4 Inns of Court

A

Gray’s Inn
Inner temple
Lincoln’s Inn
Middle Temple

221
Q

What do you need to pass to become a barrister

A

The Bar professional training course and a 12 month pupillage (on the job training)

222
Q

Pro-Bono

A

Legal advice or representation provided free of charge by legal professionals

223
Q

Can Rank Rule

A

Is the obligation of a barrister to accept any work in a field which they profess the,selves competent to practice

224
Q

The General Council of the Bar

A

Promotes fair access to justice for all equality and diversity as well as business opportunities at home and abroad

225
Q

Legal Executives

A

Candidates take the Chartered institute of legal executives (CILEX)
Must have completed a legal degree recognised by the Solictors Regulation Authority (SRA)
Or have completed a common professional examination (CPE)
Or graduate diploma in law (GDL)

226
Q

2 types of judges

A

Inferior and Superior judges

227
Q

Inferior Judges

A

Judges that serve in courts below the high court ie: District Judges, Assistant Recorders , Circuit Judges

228
Q

Superior Judges

A

All judges who serve in the high court and above ie: HC Judges, Lord Justices of Appeal and Supreme Court Justices

229
Q

District Judges

A

Sit in the county court and deals with civil cases. At least 5 years legal experience required

230
Q

Assistant Recorders + Recorders

A

Part-time judges who sit in the crown court for 20 days in a year. Must be qualified as a solicitor or barrister

231
Q

Circuit Judges

A

Sit in county courts or crown courts. 2 different routes to qualify either 7 years audience experience or have been a recorder

232
Q

High Court Judges

A

Knighted in appointment. To qualify must have advocate for at least 7 years within HC or have been a circuit judge for 2 years

233
Q

Lord Justices of Appeal

A

Sit in the court of appeal and divisional court. Usually appointed from HC judges

234
Q

Supreme Court Justices

A

Usually appointed from the Lord Chief Justice but can qualify either as practitioners with 15 years experience or having held high judicial office for 2 years. Sit in the SC

235
Q

The Judiciary

A

Their role is to make decision in a far and unbiased manner. General judges barristers or solicitors.

236
Q

How does the Judicial Appointments Commission work

A

Is responsible for selecting over 500 people each year for judicial pasts. They advertise selection through website, email and newsletters. Appointments are made solely on merit. The commissions is entirely responsible for assessing candidates and appointments. The commission must consult with the Lord Chief Justice

237
Q

Judicial Qualities

A

Intellectual Capacity
Integrity
Independence of mind
Sound judgment

238
Q

2005 Constitutional Act

A

Initiated by tony Blair and was the separation of the House of Lords and Parliament

239
Q

Judicial Selection Process

A

All Candidates fill in application forms
All applicants must do an online qualifying test
Candidates are then short listed on basis of performance
Candidates chosen are brought forward for interviewing
The commission then selects those appointed and recommends to the Lord Chancellor

240
Q

Retirements of Judges

A

The Judicial Pensions and Retirement Act 1993 made the ordinary retirement rate 70
Anyone over 75 is forbidden to commit any judicial roles
Exception is Lord Chancellor

241
Q

Removal From Office

A

DJs, Recorders and CJs can be dismissed by the Lord Chancellor for incapacity or misbehaviour
HCJs, Lord Justices and Supreme Court Judges can only be removed from office at the request of House of Parliament

242
Q

What is the primary duty of a Judge

A

To ensure a fair trial through following rules, evidence and procedure

243
Q

Role of a judge in criminal trials

A

Cases are adversarial with proof beyond reasonable doubt. Only deals with points of law and determines the fate of the defendant

244
Q

Roles of judge in civil cases

A

Active in managing cases
Must encourage ADR
Hear cases and decide whose evidence is most compelling via application of law

245
Q

Role of judge in an appeal case

A

Simply interpret the law and decide whether the original trial was conducted properly

246
Q

Who carries out the training and quality control of judges

A

Judicial Studies Board

247
Q

Separations of Power

A

The institutions of power government, Parliament and judiciary must be seperate

248
Q

Three Primary Functions of the state as identified by Montesquieu

A

The Legislative- is elective by people to make the law (acts)
Executive- the Prime Minister and the cabinet
Judiciary- can make laws

249
Q

Statutory Laws

A

Passed by Parliament

250
Q

Common Law

A

Laws passed by judges

251
Q

Judicial Review

A

Where you can sue the government or any public body

252
Q

Neutral

A

The judge will not take sides in a case but will rather listen to evidence and what the law actually says

253
Q

Judicial Appointment Committee

A

Makes suggestions or appointments based on the quality of candidates and whether they would make a good judge or not

254
Q

CCSV v. Minister for the civil service

A

Anyone working in or for intelligence would not be allowed to be a part of the trade union. This was challenged in the basis that is was unlawful. The court supported the government in this case on the basis that the government acted within the law

255
Q

DPP v. Hutchinson

A

The greenham common case where the government after 7 years of running an anti-nuclear camp tried to bring in a local law to break up camps on that road. It was decided the government acted outside their power

256
Q

Why do people need legal aid

A

Lack of Knowledge
Fear of lawyers and dealing with legal personnel
Cost of a solicitor

257
Q

The Legal Aid Sentencing and Punishment of Offenders Act 2012

A

Set the following guidelines:
The cost/benefit may be obtained from the claim
Availability of resources
Availability of other services such as mediation

258
Q

Means Testing

A

Is a sum calculated by taking your income, costs and disposable income in order to calculate whether you are eligible for legal aid or not. People on certain types of benefits qualify. Also takes into account disposable capital ie stocks and jewellery

259
Q

Problems with finding in civil cases

A

Lack of publicity funded solicitors and legal firms
Areas of the country which lack legal expertise
Eligibility Fees

260
Q

Defamation of character

A

Is the public tarnishing of someone’s image

261
Q

Libel

A

Where somebody makes a false statement about another that could have potentially damaging consequences to reputation or career

262
Q

Access to justice from other sources

A

Trade Unions
Law Centres
Bar Pro Bono Unit
Public Acess

263
Q

Training of Barristers

A

Consists of 3 Stages:
Academic- A-Levels or Equivalent/ Law degree or a GDL
Vocational- BCAT (Bar Certified Aptitude Test) and be apart of the 4 inns or court
Professional- 12 month pupillage segmented into 2 components

264
Q

Training of solicitors

A

Consists of 3 stages:
Academic-A-Levels or Equivalent/ Law degree or a GDL
Vocational- Legal Practice Course
Professional- Obtain a training contract with a legal firm, CPS or the local authority

265
Q

Public Access

A

Allows a person to go directly to a barrister for advice but only if the matter is not publicly funded

266
Q

Law Centred

A

Offer free advice and specialise in social welfare law. They tend to be in areas where there is a shortage of Legal practices

267
Q

Bar Pro-Bono unit

A

Situated in London and offers free advice in most areas of law

268
Q

Trade Unions

A

Offer free advice in some cases such as personal injury

A-Level Law (8 decks)

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