Chapter 2: How the legal systems differ within the UK Flashcards

1
Q

In Scotland, how many levels of courts are there?

A

In Scotland, there are 4 levels of courts:

  1. Justices of the peace
  2. Sheriff and summary
  3. Sheriff and jury
  4. The High Court
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2
Q

In Scotland, the first court level is Justices of the peace.

Justices of the peace act in a similar fashion to the what system in England and Wales?

A

Justices of the peace act in a similar fashion to the Magistrates’ Court system in:

  1. England
  2. Wales
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3
Q

In Scotland, the second court level is Sheriff and summary.

In Sheriff and summary, the sheriff (judge) does what?

A
In Sheriff and summary, the sheriff (judge) determines:
1. Guilt
Or,
2. Innocence
,as well as presiding over the trial
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4
Q

In Scotland, the third court level is Sheriff and jury.

In Sheriff and jury, cases are heard by who?

A

In Sheriff and jury, cases are heard by:

  1. The sheriff (judge)
  2. A jury of 15 jurors (members of the public)
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5
Q

In Scotland, the fourth court level is the High Court.

The High Court deals with what?

A

The High Court deals with the most serious cases

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6
Q

In civil law, who is the case brought by?

A
In civil law, the case is brought by:
1. An individual
2. Group
Or,
3. Organisation
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7
Q

In criminal law, who is the case brought by?

A

In criminal law, the case is brought by the CPS on behalf of the state

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8
Q

In civil law, what is the decision?

A
In civil law, the decision is the defendant found:
1. Liable
Or,
2. Not liable
in regard to the issue
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9
Q

In criminal law, what is the decision?

A

In criminal law, the decision is the defendant is:
1. Convicted if guilty
Or,
2. Acquitted if not guilty

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10
Q

Acquitted

A

Acquitted is to free (someone) from a criminal charge by a verdict of not guilty

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11
Q

In civil law, what is the proof required?

A

In civil law, the proof required is preponderance of evidence

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12
Q

In criminal law, what is the proof required?

A

In criminal law, the proof required is beyond reasonable doubt

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13
Q

In civil law, what is the burden of proof?

A

In civil law, the burden of proof is that the claimant must give proof of the claim

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14
Q

In criminal law, what is the burden of proof?

A

In criminal law, the burden of proof is that the accused is innocent until proven guilty

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15
Q

In civil law, what is the punishment?

A
In civil law, the punishment is:
1. Damages
2. Compensation
Or,
2. An injunction
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16
Q

An injunction

A

An injunction is an order to stop taking an action

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17
Q

In criminal law, what is the punishment if found guilty?

A
In criminal law, the punishment is a:
1. Non-custodial
Or,
2. Custodial
sentence if found guilty
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18
Q

In civil law, describe appeals

A

In civil law, either party can appeal a court’s decision

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19
Q

In criminal law, describe appeals

A

In criminal law, the defendant may appeal a court’s verdict in regard to either the:
1. Verdict
Or,
2. Sentence

20
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
What also is there, in Scotland?

A

In Scotland, there is also the Court of Sessions

21
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
What was established in 2015?

A

In 2015, the Sheriff Appeal Court was established

22
Q

What does Northern Ireland have?

A

Northern Ireland has its own judicial system

23
Q

Northern Ireland has its own judicial system, which is headed by the Lord Chief Justice of Northern Ireland.
What is responsible for the administration of the courts?

A

The Department of Justice is responsible for the administration of the courts

24
Q

Examples of Northern Irelands Court’s are what?

A

Examples of Northern Irelands Court’s are the:

  1. UK Supreme Court
  2. Coroners’ Courts
  3. Enforcements of Judgments Office
25
Q

Northern Ireland Court structure:

Describe the UK Supreme Court

A

The UK Supreme Court hears appeals on points of law in cases of major public importance

26
Q

Northern Ireland Court structure:

Describe the Court of Appeal

A

The Court of Appeal hears appeals on points of law in:

  1. Criminal
  2. Civil cases from all courts
27
Q

Northern Ireland Court structure:

Describe the Crown Court

A

The Crown Court hears all serious criminal cases

28
Q

Northern Ireland Court structure: Describe the Coroners’ Courts

A

The Coroners’ Courts investigate unexplained deaths

29
Q

Northern Ireland Court structure: Describe the Enforcement of Judgments Office

A

The Enforcement of Judgments Office enforces civil judgments

30
Q

In Scotland, the second court level is Sheriff and summary.
In Sheriff and summary, the sheriff (judge) determines guilt or innocence, as well as presiding over the trial.
They can impose a what?

A

The sheriff (judge) can impose a:

  1. Custodial sentence of up to 1 year
  2. Fine of up to £10,000
31
Q

In Scotland, the third court level is Sheriff and jury.
In Sheriff and jury, cases are heard by the sheriff (judge) and a jury of 15 jurors (members of the public).
A Sheriff Court can impose what?

A

A Sheriff Court can impose a custodial sentence of up to 5 years

32
Q

In Scotland, the fourth court level is the High Court.

The High Court deals with the most serious cases, such as what?

A

The High Court deals with the most serious cases, such as:

  1. Murder
  2. Rape
  3. Armed robbery
33
Q

In Scotland, the fourth court level is the High Court.
The High Court deals with the most serious cases, such as murder, rape and armed robbery.
Cases are presided over by who?

A

Cases are presided over by a single judge

34
Q

In Scotland, the fourth court level is the High Court.
The High Court deals with the most serious cases, such as murder, rape and armed robbery.
Cases are presided over by a single judge and tried by who?

A

Cases are:

  1. Presided over by a single judge
  2. Tried by a jury of 15 people
35
Q

In criminal law, the decision is the defendant is convicted if guilty, or acquitted if not guilty.
It is decided by who?

A

It is decided by:
1. A jury
Or,
2. Magistrates

36
Q

In civil law, the proof required is preponderance of evidence.
The evidence must be produced to what?

A

The evidence must be produced to support the claim

37
Q

In criminal law, the burden of proof is that the accused is innocent until proven guilty.
The prosecution must do what?

A

The prosecution must prove their case

38
Q

In criminal law, the burden of proof is that the accused is innocent until proven guilty.
The prosecution must prove their case and the accused does not have to do what?

A

The:

  1. Prosecution must prove their case
  2. Accused does not have to prove their innocence
39
Q

In criminal law, the defendant may appeal a court’s verdict in regard to either the verdict, or the sentence.
It is now possible for the state to ask for what?

A

It is now possible for the state to ask for the sentence to be reviewed

40
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is what?

A

In Scotland, there is also the Court of Sessions, which is the highest court

41
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with what?

A

In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases

42
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
In 2015, the Sheriff Appeal Court was established to do what?

A

In 2015, the Sheriff Appeal Court was established to hear appeals from the:
1. Sheriff
2. Justice of the Peace
Courts

43
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
In 2015, the Sheriff Appeal Court was established to hear appeals from the Sheriff and Justice of the Peace Courts.
The hearings take place before who?

A
The hearings take place before:
1. 2
Or,
2. 3
appeal sheriffs
44
Q

In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
In 2015, the Sheriff Appeal Court was established to hear appeals from the Sheriff and Justice of the Peace Courts.
The hearings take place before 2, or 3 appeal sheriffs.
In 2016, it is expected to deal with what as well?

A

In 2016, the Court of Sessions is expected to deal with civil case appeals as well

45
Q

Northern Ireland has its own judicial system, which is headed by who?

A

Northern Ireland has its own judicial system, which is headed by the Lord Chief Justice of Northern Ireland