Courts Flashcards
(20 cards)
what is civil law
civil law is used to resolve disputes between two people
what is criminal law
criminal law deals with identifying when the law has been broken and prosecuting people who have
what are the different courts called
justice of the peace court
sheriff court (summary and solemn)
high court
describe the jp court
the judge is called a justice of the peace
it deals with minor offences
no jury present
max sentence of 60 days and max fine of £2,500
describe the summary sheriff court
the judge is called a sheriff
it deals with more serious crimes
no jury present
max sentence of 12 months and max fine of £10,000
describe the solemn sheriff court
the judge is called a sheriff
deals with more serious crimes
jury present
max sentence of 5 years and unlimited fine
describe the high court
judge is called a lord
deals with most serious crime
jury present
unlimited sentencing powers
what is the court of session
the main civil court in scotland
deals with people suing each other for large amounts of money and complex divorce cases
what is a small claims court
a small claim i a claim for money or goods worth no more than £3000
what are the three verdicts you can be found in scotland
guilty
not guilty
not proven
what is the not proven verdict
it means that the person has something to do with the case but they don’t have enough evidence to find them guilty
what are the arguments for the not proven verdict
strengthens the not guilty verdict is good if the jury are unsure
what are the arguments against the not proven verdict
the person is still a suspect and will never be proven
the not proven verdict can be seen as a copout
what is the children’s hearing
a system that helps children and young people who are vulnerable because they have offended, they are failing to attend school, they are taking drugs or alcohol or they are being neglected by their parents
what is the process of a children’s hearing
a child is referred to a children’s reporter and once the case has been investigated the reporter can decide to take no further action, refer the case to social work or arrange a children’s hearing
what can the outcomes of the children’s hearing be
no action required
postpone the case
refer the case to a sheriff court
supervision requirement
what does it mean refer a children’s hearing to a sheriff court
the sheriff court will deal with the case and may grant a child a protection order if the child is in danger
what is a supervision requirement
a plan of work, support and services to help a child or young person
what are the advantages of a child hearing
the system provides a safe and secure environment not like courts
panel members are highly trained
the child can bring a friend to make them feel more comfortable
they can ask someone to leave the room to make them feel safer
what are the disadvantages of a child hearing
the system is not up to date
outcome are too soft for young criminals
lack of recourses to for-fill the outcomes
most children don’t receive the help they need
