Media Law: Terminology Flashcards

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1
Q

arraignment

A

first stage of court procedure in which clerk of the court reads indictment to defendant

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2
Q

ASBO

A

anti-social behaviour order - used for low-level disorder not usually warranting criminal prosecution (curfew, bans from places, etc.)

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3
Q

ACPO

A

Association of Chief Police Officers - forum for top brass to discuss policing methods

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4
Q

ATVOD

A

Authority for Television on Demand - co-regulates (with Ofcom) VOD

  • must be television-like
  • fees are paid
  • no hate content
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5
Q

bail

A

arrangements under which someone charged can remain free of custody until trial

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6
Q

balance of probabilities

A

standard proof in civil cases (claimant must prove 50% likely what they say is true)

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7
Q

beyond all reasonable doubt

A

standard proof in criminal cases, must be proven by prosecution to magistrates or jury

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8
Q

bill

A

written proposal for law which is then debated in Parliament

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9
Q

burden of proof

A

obligation resting on a party in a trial (usually on those who bring the charges)

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10
Q

CAFCASS

A

Children and Family Court Advisory and Support Service - non-departmental government body to support children involved in family court proceedings

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11
Q

caution

A

formal warning given by the police as alternative to prosecution (only if guilt admitted)

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12
Q

Chatham House rules

A

system for holding debates on controversial issues, designed to encourage openness (anyone at the debate can use any info BUT NOT reveal who said it)

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13
Q

claimant

A

person bringing case in civil court

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14
Q

committal hearing

A

hearing in magistrates court to decide whether there’s enough evidence to send to Crown Court

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15
Q

common law

A

also ‘case law’, formed by judges decisions in higher courts setting legal precedents

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16
Q

concurrent sentencing

A

multiple prison sentences overlap (so in reality you only get the worst one)

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17
Q

consecutive sentencing

A

multiple prison sentences given one after the other

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18
Q

conditional discharge

A

type of sentence where defendant not punished provided they meet certain conditions

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19
Q

absolute discharge

A

type of sentence where defendant not punished

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20
Q

counsel

A

lawyers and such

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21
Q

DA-notice

A

called D-notice until 1993, official request for editors no to publish something in interest of national security

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22
Q

double jeopardy

A

ancient rule saying once acquitted can’t be tried for same offence (no longer absolute rule)

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23
Q

either way offence

A

offence that can be tried in magistrates or Crown Court (if defendant doesn’t opt for Crown the magistrates have to decide)

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24
Q

jigsaw identification

A

IDing someone through disclosure of separate bits of info

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25
Q

habeas corpus

A

rule limiting unlawful detention, must be brought before judge

26
Q

held on remand

A

being held in custody after arrest, usually until trial starts

27
Q

in chambers

A

case heard in judge’s chambers

28
Q

in camera

A

old word for case being held in private

29
Q

indictment

A

formal accusation that person has committed a crime

30
Q

indictable offence

A

offence that can only be tried in Crown Court

31
Q

injunction

A

court order obliging someone to do / not do something (with press usually bans publication) either temporarily or permanently

32
Q

judicial review

A

action brought to High Court that review decisions of public bodies

33
Q

legal aid

A

provision of assistance to people otherwise unable to afford legal representation

34
Q

limitation period

A

time limit on when a certain type of case can be brought (if you miss it then usually can’t go ahead)

35
Q

mens rea

A

Latin for “guilty mind”, must be an element in some crimes

36
Q

mode of trial hearing

A

held at magistrates to decide whether case will be heard in magistrates or Crown Court

37
Q

Newton trial

A

hearing when two sides given such contradictory evidence that a judge sits and tries to work out who is telling the truth, once cleared up can go to full trial

38
Q

off the record

A

not for publication, not to be quoted

39
Q

on the record

A

ok to publish / quote

40
Q

PACE

A

Police and Criminal Evidence Act 1984, establishes the powers police have to deal with crime

41
Q

plea

A

defendant’s answer to a charge in criminal case

42
Q

pleas in mitigation

A

arguments made by lawyer to get their convicted client a lower sentence

43
Q

power of attorney

A

authorisation to represent someone’s legal affair

44
Q

prima facie

A

initial piece of evidence that, unless rebutted, would prove a crime (most proceedings need this to begin)

45
Q

Queen’s Counsel

A

QC, super lawyers

46
Q

Regina v

A

written form of criminal cases

47
Q

slander

A

verbal defamation

48
Q

special damages

A

economic loss (e.g. to property, earnings, etc.), as opposed to “general damages” being pain, suffering, emotional distress

49
Q

spent conviction

A

no longer turns up on criminal record (different time for different crimes, commencing from when sentence ends)

50
Q

standard of proof

A

how certain a decision maker has to be when deciding a case (e.g. beyond reasonable doubt, balance of probabilities)

51
Q

strict liability

A

responsibility for damage or loss caused despite culpability

52
Q

sub judice

A

case under trial or being considered by judge/court

53
Q

subpoena

A

forces witness to testify or bring evidence

54
Q

summary trial

A

trial of summary offence in magistrates court

55
Q

summary offence

A

can only be tried in magistrates (though NOT necessarily trivial)

56
Q

superinjunction

A

not even allowed to report on the fact there’s an injunction

57
Q

surety

A

check notes

58
Q

ultra vires

A

“beyond powers”, essentially an invalid act (by court, public body, etc.)

59
Q

voir dire

A

trial within a trial to assess legitimacy of evidence or witness (jury often leaves for this)

60
Q

ward of court

A

person under 18 under care of Family Division of High Court due to legal order

61
Q

watershed

A

past 9pm you can show naughty stuff

62
Q

without prejudice

A

if case is dismissed without prejudice then defendant is liable to be retried