Media Law: 2 The Legal System

Question 1

Criminal law

[3]

Answer 1

• wronged the entire community
• in name of the state (i.e. the Queen)
• can bring private prosecution, but relatively rare

Question 2

Civil law

[1]

Answer 2

• everything else

Question 3

Private law

[1]

Answer 3

• disputes between private individuals/companies

Question 4

Public law

[2]

Answer 4

• keeps public bodies in check

- mostly don via application of a judicial review

Question 5

DEF: when CRIMINAL case brought against someone

Answer 5

“charged”

Question 6

DEF: when CRIMINAL case reaches court

Answer 6

being “prosecuted”

Question 7

DEF: someone accused of committing a crime

Answer 7

“defendant”

Question 8

DEF: other side of a CRIMINAL case

Answer 8

“prosecution”

Question 9

Format of writing/speaking criminal cases

[2]

Answer 9

• R v xxxx

- The Queen against xxxx

Question 10

DEF: if prosecution wins case

Answer 10

defendant is “guilty” or “convicted”

Question 11

DEF: what happens to a convicted defendant

Answer 11

they are “sentenced”

Question 12

DEF: when CIVIL case brought against someone

Answer 12

being “sued”

Question 13

DEF: person brining civil case

Answer 13

“claimant”

Question 14

DEF: person civil case is against

Answer 14

“defendant”

Question 15

Format of writing/speaking civil cases

[2]

Answer 15

• [defendant surname] v [claimant surname]

- [defendant surname] and [claimant surname]

Question 16

DEF: if claimant wins

[2]

Answer 16

• defendant has “lost” or has been found “liable”

- NEVER “guilty” or “convicted”

Question 17

DEF: what happens to defendant when claimant wins

Answer 17

• defendant has been “awarded damages against” them

- NEVER “sentenced” or “fined”

Question 18

traditional difference between solicitors and barristers

[2]

Answer 18

• solicitors dealt with clients, then referred to barristers for specialism or to be represented in court
• only barristers allowed to represent in higher courts

Question 19

changes in relationship between solicitors and barristers

[3]

Answer 19

• happened since 1990
• clients can now directly consult barristers
• solicitors can now represent in all courts (“solicitor advocates”)

Question 20

QCs

[4]

Answer 20

• service as barrister/solicitor for at least 10 years
• considered particularly talented/experienced
• not automatic, must apply (can get rejected)
• higher-paid work

Question 21

Supreme Court Justices

[3]

Answer 21

• sit in Supreme Court
• 12 at a time
• ‘Lord’ or ‘Lady’

Question 22

Lord and Lady Justices of Appeal

[3]

Answer 22

• sit in Court of Appeal
• 38 at a time
• ‘Lord’ or ‘Lady’

Question 23

heads of Criminal/Civil Divisions of Courts of Appeal

[2]

Answer 23

• Master of the Rolls [Civil]

- Lord Chief Justice [Criminal]

Question 24

High Court judges

[5]

Answer 24

• sit in High Court
• most serious cases in Crown Court
• just over 100 in number
• spend time ‘on circuit’ in regional courts
• journos refer to ‘Mr/Mrs Justice [surname]’

Question 25

Circuit judges

[4]

Answer 25

• sit in County Court and mid-ranking Crown Court cases
• occasionally sit in Court of Appeal
• approx. 650 in number
• referred to as ‘Judge [full name]’

Question 26

District judges

[3]

Answer 26

• hear majority of County Court cases
• approx. 450 in number
• referred to as ‘District Judge [full name]’

Question 27

District judges (formerly stipendary magistrates)
[2]

Answer 27

• approx. 100 in number

- hear complex/serious cases in Magistrates Courts of big cities

Question 28

Recorders

[5]

Answer 28

• part-time judges
• least serious Crown Court / some County Court
• seen as apprenticeship (most still barristers/solicitors)
• referred to as ‘the recorder Mr/Mrs [full name]
• also used for specific senior judges in big cities (Man. Liv. Belf.) and Old Bailey

Question 29

Magistrates

[6]

Answer 29

• Justices of the Peace / JPs
• lay people drawn from local community (selected by local committee)
• sit in Magistrates Court in panel of three
• legal training but don’t need to know the law
• legal clerk to advise them
• voluntary, part-time (35-70 days per year)

Question 30

naming magistrates

[2]

Answer 30

• usually collectively as ‘the magistrates’

- cases in 1987/1988 prohibited names of sitting magistrates from being held from press

Question 31

Lord Chancellor

[4]

Answer 31

• member of Cabinet
• head of Ministry of Justice
• in charge of courts, probation, prisons, constitutional affairs
• either HofC or Hof L

Question 32

Law Officers

[2]

Answer 32

• Attorney-General

- Solicitor-General

Question 33

Attorney-General

[3]

Answer 33

• Government Minister, but not in Cabinet
• main legal advisor to Government
• certain crimes (e.g. some Contempt of Court) require Att-Gen consent before prosecution brought (in Att-Gen’s name)

Question 34

Solicitor-General

[2]

Answer 34

• Government Minister, but not in Cabinet

- Attorney-General’s deputy, can fulfil any roles whenever necessary

Question 35

Director of Public Prosecutions (DPP)

Answer 35

• head of Crown Prosecution Service (CPS)
• ‘responsible for ensuring the independent review and prosecutions of criminal proceedings started by the police in England and Wales’
• advises police on sensitive cases requiring DPP permission
• reports to Attorney-General