criminal law

Question 1

defendant

Answer 1

the person being accused of doing something wrong

Question 2

verdict

Answer 2

the decision of a case

Question 3

burden of proof

Answer 3

the person who needs to prove the case

Question 4

standard of proof

Answer 4

how much proof needs to be provided to win the case.

Question 5

offence

Answer 5

another word for crime

Question 6

charge

Answer 6

when the police accuses someone of committing a crime

Question 7

crown prosecution service

Answer 7

the group who decides if a charge should be brought

Question 8

bail

Answer 8

being given freedom between the time you get charged and the trial

Question 9

remand

Answer 9

staying in custody between the time you are charged and the trial

Question 10

convicted

Answer 10

the verdict when found guilty

Question 11

acquitted

Answer 11

the verdict when found not guilty

Question 12

sentence

Answer 12

the punishment given after a conviction

Question 13

magistrates

Answer 13

the three people who decide the verdict and the sentence in the magastrates court

Question 14

jury

Answer 14

the 12 people who decide the verdict in the crown court

Question 15

judge

Answer 15

the person who advises the jury and decides a sentence in the crown court

Question 16

prosecution

Answer 16

the person providing the case against the defendant

Question 17

victim

Answer 17

the person who was allegedly wronged

Question 18

how its written

Answer 18

R v Defendant

Question 19

purpose of criminal law

Answer 19

to keep order in society

Question 20

person starting the case in criminal law

Answer 20

crown prosecution service

Question 21

courts hearing cases in criminal law

Answer 21

depends how serious the crime is but magistrates court and crown court

Question 22

what is the limit sentence a magistrates can give

Answer 22

1 year in jail then it goes to the crown court

Question 23

who has the burden of proof in criminal law

Answer 23

the prosecution

Question 24

what is the standard of proof in criminal law

Answer 24

the kind and amount of proof needed to show the defendant is guilty beyond reasonable doubt

Question 25

what does beyond reasonable doubt mean

Answer 25

any doubt= cant be convicted

Question 26

who decides the verdict in criminal law

Answer 26

magistrates in a magistrates court and judge/ jury in the crown court

Question 27

what are the verdicts in criminal law

Answer 27

guilty= pass a sentence not guilty= acquitted of charge

Question 28

what are the powers of the court

Answer 28

can prosecute the defendant .

Question 29

what is the rule of law

Answer 29

no one is above the law, it applies to all people equally laws are made enforced and applied in a clear and fair way

Question 30

what is parliamentary supremacy

Answer 30

parliament are the most e powerful law makers due to being elected democratically therefor parliament can make laws as it wants and others can’t change the laws

Question 31

judicial creativity

Answer 31

how much influence judges have over the law little creativity and lots of creativity

Question 32

separation of power

Answer 32

executive (government) tells what law to pass legislative (parliament) passes laws judiciary( judges) enforce laws

Question 33

actus reus

Answer 33

what crime they are doing and what makes it the crime e.g actus reus of murder is killing another person

Question 34

mens rea

Answer 34

what they are thinking when they are doing a crime e.g is it had intent and knowlage of wrong doing

Question 35

AR what is automatism

Answer 35

an act committed during a state of unconsciousness or grossly impaired consciousness.

Question 36

AR what is omissions

Answer 36

not acting / failing to act

Question 37

AR whats the general rule of omissions

Answer 37

omissions generally cant be actus reus unless you have a duty to act e.g your a parent or on duty

Question 38

AR what is contractual duty

Answer 38

when at work you have a duty to be safe

Question 39

AR what is relationship duty

Answer 39

when your taking care of someone you have a relationship with e.g a mother and child

Question 40

AR what is assuming responsibility voluntarily

Answer 40

when you volunteer to take care of someone you have a duty to make sure theyre alright.

Question 41

AR what is public office duty

Answer 41

when a police officer has a duty to take care of society

Question 42

AR whats creating a dangerous situation

Answer 42

when you make a dangerous situation you have a duty to take care of it

Question 43

AR But for test

Answer 43

but for means without so but for someones actions would the consequence still happen

Question 44

AR legal causation

Answer 44

operative and substantial cause test was the conduct a significant cause of consequence lookes at the chain of causation and any intervening act

Question 45

AR when does an intervening act break the chain of command

Answer 45

when its unreasonable or unforeseeable

Question 46

AR what are the three types of intervening acts

Answer 46

act of third party act of victim act of god

Question 47

AR what does it mean if the intervening act is reasonable and foreseeable

Answer 47

it doesnt break the chain and D is convicted

Question 48

AR what is an act of a third party

Answer 48

when there are other people involved than just the defendant and the victim

Question 49

AR what is the word for when the third party is a medical person,,

Answer 49

unreasonable unforeseeable and palpably wrong e.g obviously wrong

Question 50

AR what is the act of the victim

Answer 50

if the victim reacts in an unreasonable way that causes them injury instead of the D

Question 51

AR what are the acts of god

Answer 51

natural disasters e.g. tornadoes hurricanes lightening earthquakes

Question 52

AR what is the thinskull rule

Answer 52

any charictaristic which makes the v more vulnerable e.g physical and psycological

Question 53

MR what does mens rea mean

Answer 53

guilty mind

Question 54

MR what are the two types of mens rea

Answer 54

intention recklessness

Question 55

MR what are the two sections in intention

Answer 55

direct or indirect

Question 56

MR what does objective mean

Answer 56

what a reasonable person does

Question 57

MR what does subjective mean

Answer 57

what the v did