Day one Flashcards
(18 cards)
who is the legislature and what are their powers?
monarch, HOC, HOL, to create law
who is the executive and what are their powers?
PM, government, civil service, to enforce the law
who is the judiciary and what are their powers?
courts, determine guilt
what is the law?
a structure for us to live our lives by - giving authority
rule of law
the law applies equally to all, not subject to discretion, protects human rights
article 6 ECHR
right to fair and public hearing
classifications of law
criminal, civil, private, public
civil law
person v person, right the wrong, county court or high court
criminal law
person v crown, punish offender, crown court or magistrates court
sources of law
legislation, judicial precedent, EU law, international conventions
classification of offences
indictable only, summary, either way
indictable only
trial in crown court only
summary
magistrates court only
triable either way
trial in either court
actus reus
guilty act - conduct, circumstances and consequences
mens rea
guilty mind - mental state of the accused
mens rea terms
intent, recklessness, maliciously, knowledge, dishonesty, lack of reasonable belief
what is needed to prove murder?
intent, with malice of aforethought, wilfully, unlawful, cause of death legal and factual within criminal law.
