english legal system Flashcards

(36 cards)

1
Q

who can appeal from the magistrates court to the crown court

A

the defence

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2
Q

why type of appeal is made from the magistrates court to the kbd in the high court

A

case stated appeals

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3
Q

what type of appeal is made from the crown court to the kbd in the high court

A

case stated appeals

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4
Q

which law governs appeals

A

criminal appeal act 1968

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5
Q

what is a case stated appeal

A

made to a higher court for a decision on the application of the law to the facts of the case

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6
Q

what must be involved for the case to go to the supreme court

A

the point of law is of general public importance

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7
Q

on what grounds can the defence appeal if they plead guilty

A

the sentencing

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8
Q

on what grounds can the defence appeal if they plead not guilty

A

the conviction and sentence

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9
Q

what is leave to appeal

A

the permission to appeal from an original court

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10
Q

which statute gives grounds for appeal

A

the criminal appeal act 1995

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11
Q

what must new evidence be for appeals

A

it must be admissible and give good grounds for appeal

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12
Q

what is evidence assessed for in appeals

A

as to why it was not produced in the original trial

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13
Q

under what act might the prosecution appeal against the judges ruling

A

criminal justice act 2003

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14
Q

under what act might the prosecution appeal under the point of law

A

criminal justice act 1972

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15
Q

under what act might the prosecution appeal under the point of law

A

criminal justice act 1972

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16
Q

under what act might the prosecution appeal against the judges ruling

A

criminal justice act 1972

17
Q

why might there be a appeal in the point of law

A

if the judge made an error, the new law is binding

18
Q

what is the highest court which hears appeals for civil cases

A

court of justice of the eu

19
Q

what is the highest court which hears appeals for criminal cases

A

the supreme court

20
Q

which two lower courts hear criminal cases

A

magistrates court
crown court

21
Q

where do most civil cases start

A

the county court

22
Q

what are the three divisions of the high court

A

kings bench division
family division
chancery division

23
Q

which courts hear criminal and civil cases

A

supreme court
court of appeal

24
Q

what cases does the kings bench division hear

A

contract and tort law

25
what cases does the family division hear
magistrate appeals on family matters such as divorce
26
what cases does the chancery division hear
tax partnerships and bankruptcy
27
what is the purpose of criminal law
punishment and rehabilitation of people who violate the laws of the state
28
what is the purpose of civil law
concerns private disputes between individuals and businesses
29
who starts a criminal case
taken on behalf of the state
30
who starts a civil case
the individual or the business
31
what is the standard of proof in criminal cases
beyond reasonable doubt
32
what is the standard of proof in civil cases
balance of probabilities
33
what is the outcome of a criminal case
a sentence
34
what is the outcome of a civil case
a remedy
35
what is the burden of proof in criminal cases
placed on the prosecution
36
what is the burden of proof in civil cases
the claimant is charged with