The Legal System

Question 1

Writ

Answer 1

A legal document that tells you that you will be involved in a legal process and explains what you must do

Question 2

Magistrates

Answer 2

• deal with summary offencences
• triable either way offences
• preliminary hearings
• issue arrest warrants
• youth court hearings
• civil jurisdictions
• bail applications and funding for legal aid
• sit with crown court to hear appeals from magistrates court

Question 3

Criminal law concerns

Answer 3

Offences against the state

Question 4

Civil law concerns

Answer 4

Disputes between private individuals

Question 5

Purpose of action in criminal law

Answer 5

To preserve order in community by punishing offenders and deterring others

Question 6

Purpose of the action in civil law

Answer 6

To remedy wrong which has been suffered

Question 7

The parties in criminal law

Answer 7

Prosecutor prosecutes defendant

Question 8

The parties in civil law

Answer 8

Claimant sues defendant

Question 9

Criminal law courts

Answer 9

Magistrates or crown courts

Question 10

Civil law courts

Answer 10

County courts or high courts

Question 11

Standard of proof criminal courts

Answer 11

Beyond a reasonable doubt

Question 12

Standard of proof civil law

Answer 12

Balance of probabilities

Question 13

Court clerk

Answer 13

Advise lay magistrates

Question 14

Clerk qualifications

Answer 14

Qualified solicitors or barristers

Question 15

Advantages of magistrates

Answer 15

Involves members of community
Cheaper - unpaid
Local knowledge
Improved training and clerk
Speed up process
Few successful appeals

Question 16

Disadvantages of magistrates

Answer 16

Unrepresentative of society
Inadequate compensation for loss of earnings
Training inadequate
Prosecution minded
Rely too heavily Bon court clerk
Inconsistency in sentencing

Question 17

The Jury

Answer 17

Sit in crown court - triable either way/indictable cases
Called for 2 weeks
500,000 summoned a year
Not paid but receive expenses
Shown DVD explaining role
Listen to case and weigh up evidence
Not legally qualified

Question 18

Jury criteria

Answer 18

Aged 18-75
On electoral register
Resident in the UK for at least 5 years since 13

Question 19

Permanently disqualified

Answer 19

custodial sentence of 5 years or more years
Imprisoned for public protection
Imprisoned for life

Question 20

Disqualified for 10 years

Answer 20

Served sentence of imprisonment or suspended sentence
Had a community order
Offenders on bail

Question 21

Ineligible

Answer 21

Mental disorder or disabilities e.g blind

Question 22

Deferral

Answer 22

Defer for 12 months e.g hospital, holiday, exams

Question 23

Excusals

Answer 23

Completed jury service in past 2 years
Been on distressing trial
Members of armed forces
Over 65
MP’s
Discretionary - small child etc

Question 24

Jury vetting

Answer 24

1) Routine check ensure not disqualified and DBS checked
2) exceptional cases e.g terrorism - in depth jury vetting

Question 25

Jury challenges

Answer 25

1) Challenge for cause - challenge if believe disqualified or biased
2) stand by for the crown - prosecution only - dont need a reason
3) challenge array - whole jury can be challenged if not random - not include gender and race