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CRIMINAL LAW > english legal system > Flashcards

english legal system Flashcards

(113 cards)

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1
Q

What are the main purposes of law in society

A

Maintaining order resolving disputes protecting individuals expressing shared values bringing social change

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2
Q

Distinguish between Criminal Law and Civil Law

A

Criminal Law deals with behaviour punishable by the state aiming to maintain social order and safeguard citizens with the state prosecuting while Civil Law deals with disputes between individuals or organisations where the aggrieved party seeks compensation or remedy

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3
Q

What is the Rule of Law

A

A constitutional doctrine ensuring no one is sanctioned without legal basis equality before the law and fairness and clarity in legal processes

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4
Q

What are the two main sources of English Law

A

Legislation or statute law from Acts of Parliament and Case law or judicial precedent known as common law

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5
Q

What is a Green Paper in the legislative process

A

An initial government consultation document outlining proposals for reform and inviting feedback from interested parties

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6
Q

What is a White Paper in the legislative process

A

A firm government proposal for new legislation indicating definite intentions for a Bill

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7
Q

Outline the First Reading in the legislative process

A

The formal introduction of a Bill to Parliament with no debate or vote

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8
Q

Outline the Second Reading in the legislative process

A

The main debate on a Bill’s principles followed by a vote on its general approval

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9
Q

Outline the Committee Stage in the legislative process

A

A detailed examination of a Bill clause by clause by a standing committee where amendments can be proposed

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10
Q

Outline the Report Stage in the legislative process

A

The Committee’s amendments are reported back to the whole House for further debate and voting with more amendments possible

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11
Q

Outline the Third Reading in the legislative process

A

The final debate and vote on a Bill in its amended form before it progresses to the other House

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12
Q

Outline the Royal Assent in the legislative process

A

The formal approval of a Bill by the Monarch transforming it into an Act of Parliament

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13
Q

What is Parliamentary Supremacy

A

Parliament’s power to legislate on any subject without being bound by previous Parliaments and no other body can override its Acts

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14
Q

What is the main limitation on Parliamentary Supremacy after Brexit

A

The impact of the Human Rights Act 1998 which incorporates the ECHR into UK law

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15
Q

What is Delegated Legislation

A

Law made by a body other than Parliament but with authority granted by an Enabling Act of Parliament

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16
Q

Give two examples of Delegated Legislation

A

Orders in Council made by the Privy Council often in emergencies and Statutory Instruments made by government ministers for specific regulations

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17
Q

How is Delegated Legislation controlled by Parliament

A

Through procedures like laying before Parliament requiring either negative or affirmative resolution and scrutiny by committees like the Joint Committee on Statutory Instruments

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18
Q

How is Delegated Legislation controlled by the judiciary

A

Through Judicial Review where courts can declare delegated legislation ultra vires meaning beyond the powers granted by the Enabling Act making it void

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19
Q

State two advantages of Delegated Legislation

A

It saves Parliamentary time by delegating detail and allows for the use of expert knowledge from specific departments or bodies

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20
Q

State two disadvantages of Delegated Legislation

A

It suffers from a lack of democratic scrutiny compared to primary legislation and its sheer volume and complexity can make it difficult to access and understand

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21
Q

Explain the Literal Rule of Statutory Interpretation

A

Judges apply the plain ordinary dictionary meaning of words in a statute even if it leads to an absurd or unjust outcome

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22
Q

What is a disadvantage of the Literal Rule

A

It can lead to absurd or unjust results if the literal meaning doesn’t align with Parliament’s true intention

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23
Q

Explain the Golden Rule of Statutory Interpretation

A

A modification of the Literal Rule used when a literal interpretation would lead to an absurd or repugnant result allowing judges to interpret words to avoid this

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24
Q

Distinguish the narrow and broad approaches of the Golden Rule

A

The narrow approach chooses between multiple meanings of a word to avoid absurdity while the broad approach may modify a single meaning to prevent a repugnant outcome

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25
Explain the Mischief Rule of Statutory Interpretation
Judges identify the "mischief" or problem in the old law that the statute was intended to remedy and interpret the statute to achieve that remedy
26
What is the significance of Heydon's Case (1584) for statutory interpretation
It laid down the questions to be asked when applying the Mischief Rule focusing on the defect in the common law Parliament intended to cure
27
Explain the Purposive Approach to Statutory Interpretation
Judges interpret a statute in light of the overall purpose or intention of Parliament rather than focusing on the literal meaning of individual words
28
Why is the Purposive Approach increasingly favoured in the UK
It is influenced by the need to interpret UK law consistently with the Human Rights Act 1998 and the historical influence of EU law
29
What are Intrinsic Aids to Statutory Interpretation
Tools found within the statute itself that help in interpretation such as the long title preamble headings and definition sections
30
What are Extrinsic Aids to Statutory Interpretation
Materials found outside the statute that assist in interpretation such as dictionaries Law Commission reports Hansard and international treaties
31
What is Judicial Precedent or Stare Decisis
The legal principle that courts are bound to follow previous decisions of higher courts in similar cases to ensure consistency and certainty in the law
32
What is the Ratio Decidendi in a judicial precedent
The legal reason for the decision in a case which forms the binding part of the precedent that must be followed by lower courts
33
What are Obiter Dicta in a judicial precedent
"Other things said" or statements made by the judge that are not essential to the decision and are therefore not binding but may be persuasive
34
Outline the hierarchy of the courts for judicial precedent starting from the top
Supreme Court then Court of Appeal then Divisional Courts then High Court with Crown and Magistrates Courts at the base
35
What is the 1966 Practice Statement
Issued by the House of Lords now Supreme Court allowing it to depart from its own previous decisions "when it appears right to do so" promoting flexibility
36
State one exception from Young v Bristol Aeroplane Co Ltd (1944) allowing the Court of Appeal to depart from its own precedent
When there are conflicting decisions of its own the Court of Appeal can choose which to follow
37
State another exception from Young v Bristol Aeroplane Co Ltd (1944) for the Court of Appeal
When a previous decision of its own has been impliedly overruled by the Supreme Court
38
State a third exception from Young v Bristol Aeroplane Co Ltd (1944) for the Court of Appeal
When a previous decision was made per incuriam meaning in error or through lack of care such as ignoring a relevant statute
39
How can a higher court avoid a previous decision through overruling
A higher court states that a previous decision made by a lower court was wrong making it no longer binding
40
How does reversing differ from overruling
Reversing occurs when a higher court overturns the decision of a lower court in the same case on appeal
41
How do courts use distinguishing to avoid precedent
The judge finds that the material facts of the current case are sufficiently different from those of a previous case so the precedent is not applicable
42
State two advantages of Judicial Precedent
It provides certainty and consistency in the application of law ensuring similar cases are treated alike
43
State two disadvantages of Judicial Precedent
It can lead to rigidity making it difficult to change outdated precedents and its complexity can make it hard to find the exact ratio decidendi
44
What is the role of the Law Commission
To review and recommend reforms to the law to make it simpler more modern and accessible through reform codification consolidation and repeal
45
State two advantages of law reform through the Law Commission
Reforms are based on thorough research by legal experts and they consider entire areas of law leading to coherent and comprehensive changes
46
State two disadvantages of law reform through the Law Commission
Parliament is not obligated to implement their recommendations and a lack of parliamentary time can cause significant delays in implementation
47
What is the primary function of the County Court in civil cases
To hear the vast majority of civil claims including contract tort and family matters
48
What are the three divisions of the High Court
The Queen's Bench Division Chancery Division and Family Division each specialising in different areas of civil law
49
What is the Small Claims Track for in civil cases
For claims generally up to £10000 aiming for a less formal and more accessible dispute resolution process often without legal representation
50
What is the Fast Track for in civil cases
For claims generally between £10000 and £25000 with a strict timetable typically aiming for a one-day trial
51
What is the Multi-Track for in civil cases
For claims over £25000 or for particularly complex cases regardless of value where a judge actively manages the case from allocation to trial
52
Outline a typical civil appeal route from the County Court
From a District Judge to a Circuit Judge in the County Court or directly to the High Court in some instances
53
Outline the final stage of the civil appeals process
From the Court of Appeal to the Supreme Court but only with permission and on a point of law of general public importance
54
What are Tribunals
Specialist bodies operating alongside the court system designed to resolve specific types of disputes particularly in social welfare and administrative law
55
State two advantages of using Tribunals over courts
They are generally cheaper and faster than traditional court proceedings and often offer specialist expertise in their specific area of law
56
State two disadvantages of using Tribunals
There is limited availability of legal aid and despite being less formal than courts they can still be confusing for unrepresented parties leading to potential disadvantage
57
What is Alternative Dispute Resolution (ADR)
Methods of resolving disputes outside of formal court proceedings often encouraged by civil procedure rules to save time and cost
58
What is Negotiation in ADR
Parties communicate directly or through their lawyers to discuss and reach a mutually acceptable agreement without a third party facilitator
59
What is Mediation in ADR
A neutral third party facilitates communication between parties helping them to identify issues and explore solutions but does not make a binding decision
60
What is Arbitration in ADR
An independent third party hears evidence from both sides and makes a legally binding decision known as an award which is often chosen by parties in advance
61
State two advantages of ADR
It is generally cheaper and faster than court litigation offering a private and flexible process that can preserve relationships
62
State two disadvantages of ADR
There is no guarantee of a resolution for methods like negotiation or mediation and a power imbalance between parties can potentially disadvantage a weaker party
63
What types of cases do the Magistrates' Courts handle
They deal with summary offences and the initial stages of triable-either-way and indictable offences as well as certain civil and youth matters
64
What types of cases do the Crown Courts handle
They deal with all indictable offences and also hear triable-either-way cases where the defendant elects for jury trial or magistrates decline jurisdiction
65
Outline a typical criminal appeal route from the Magistrates' Court
Appeals against conviction or sentence go to the Crown Court or on a point of law to the Divisional Court of the Queen's Bench Division by way of case stated
66
Outline a typical criminal appeal route from the Crown Court
Appeals from a jury verdict go to the Court of Appeal Criminal Division or from a Magistrates' appeal to the Divisional Court of the Queen's Bench Division by way of case stated
67
What is the role of lay magistrates in the English Legal System
They are unpaid part-time volunteers who hear over 95% of all criminal cases in the Magistrates' Courts deciding guilt and sentencing based on evidence and legal advice
68
State two advantages of using lay magistrates
They bring valuable local knowledge and a broad range of community backgrounds to the justice system and are a cost-effective resource
69
State two disadvantages of using lay magistrates
They lack formal legal training relying on a legal adviser and there can be inconsistencies in sentencing across different benches
70
What is the role of juries in the English Legal System
In the Crown Court juries typically 12 members decide on questions of fact whether a defendant is guilty or not guilty while the judge advises on points of law
71
State two advantages of using juries
They allow for public participation in the justice system promoting transparency and can provide a safeguard against harsh laws through "jury equity"
72
State two disadvantages of using juries
Jurors lack legal training and may be influenced by media reports potentially leading to perverse verdicts and their compulsory service can be burdensome
73
What are the core functions of the Judiciary
Judges interpret and apply the law preside over trials sentence offenders award remedies hear appeals and conduct judicial review of administrative actions
74
What is Judicial Independence
A fundamental principle ensuring that judges are independent of the executive and legislative branches allowing them to make impartial decisions without fear of political interference or reprisal
75
How is Judicial Independence largely secured in the UK
Through security of tenure for judges meaning they cannot be easily dismissed and their immunity from suit for actions taken in their judicial capacity
76
State two main sources of legal advice available in England and Wales
Solicitors who provide general legal advice and representation in lower courts and Barristers who specialise in advocacy in higher courts
77
What are two free or low-cost sources of legal advice
Citizens Advice Bureau (CAB) offers generalist advice on various issues and Law Centres provide free legal advice to local communities often specialising in social welfare law
78
What is a Conditional Fee Agreement (CFA) for legal funding
Also known as "No Win No Fee" where a lawyer agrees not to charge if the case is lost but receives an agreed "success fee" in addition to normal fees if the case is won
79
Who manages public funding for legal services in England and Wales
The Legal Aid Agency which assesses eligibility for legal aid based on means tests and the merits of the case
80
What is the primary criticism of access to justice in England and Wales
The significant cost of legal services combined with severe cuts to legal aid especially for civil cases makes justice inaccessible for many people
81
What is the nature of law
A system of rules regulating behaviour and enforced by the state
82
How does law differ from other rules
Law is binding and enforced by the state unlike moral or social rules
83
What is the civil/criminal distinction in law
Civil law resolves disputes between individuals criminal law punishes acts against the state
84
What are the two primary sources of law
Legislation and judicial precedent
85
Explain Statutory Interpretation
The process by which judges give meaning to words in Acts of Parliament
86
What is the Literal Rule in statutory interpretation
Judges give words their plain ordinary meaning
87
What is the Golden Rule in statutory interpretation
Judges modify a literal meaning to avoid an absurd or repugnant result
88
What is the Mischief Rule in statutory interpretation
Judges interpret a statute to remedy the defect in the old law it was designed to fix
89
What is the Purposive Approach in statutory interpretation
Judges interpret a statute based on Parliament's overall intention or purpose
90
What are Intrinsic Aids to statutory interpretation
Materials found within the statute itself like the long title or headings
91
What are Extrinsic Aids to statutory interpretation
Materials found outside the statute like dictionaries or Law Commission reports
92
Explain Judicial Precedent
The doctrine where courts are bound by previous decisions of higher courts in similar cases
93
What is the Ratio Decidendi
The binding legal reason for a court's decision in a case
94
What are Obiter Dicta
Non-binding statements or observations made by a judge during a case
95
What is the hierarchy of criminal courts
Magistrates Court Crown Court Court of Appeal Criminal Division Supreme Court
96
What is the role of the Magistrates Court in criminal cases
Tries summary offences determines allocation for triable-either-way cases and conducts preliminary hearings for indictable offences
97
What is the role of the Crown Court in criminal cases
Tries indictable offences and triable-either-way offences elected for jury trial or sent by magistrates and hears appeals from magistrates
98
Who are lay people in the criminal courts
Lay Magistrates also known as Justices of the Peace and Jury members
99
What is the role of lay magistrates
Unpaid volunteers who hear most criminal cases in the Magistrates Court deciding guilt and sentencing for minor offences
100
What is the role of juries in criminal courts
Twelve members of the public who decide guilt or innocence in the Crown Court based on facts presented
101
What are the roles of barristers
Specialise in advocacy representing clients in higher courts and providing expert legal opinions
102
What are the roles of solicitors
Provide legal advice prepare documents and represent clients in lower courts
103
What are the roles of legal executives
Qualified lawyers who handle various legal matters similar to solicitors often specialising in specific areas of law
104
How are legal personnel regulated
Through professional bodies like the Bar Standards Board for barristers and Solicitors Regulation Authority for solicitors
105
What are the types of judges in criminal courts
District Judges Circuit Judges High Court Judges and Justices of the Supreme Court
106
What is the role of judges in criminal courts
To ensure a fair trial rule on points of law guide the jury and pass sentences upon conviction
107
What is access to justice in the criminal system
The ability for individuals to obtain legal advice and representation when accused of a crime
108
What is the primary form of funding in the criminal justice system
Public funding provided through legal aid schemes based on means and merits tests
109
What are the main criticisms of access to justice in the criminal system
Cuts to legal aid limited availability for certain cases and high private costs
110
What is law and society
The study of how law interacts with and influences societal norms values and structures
111
What is fault in criminal law
The blameworthy state of mind or conduct of the defendant which is required for a crime to be committed
112
What is law and justice
The concept that law should be applied fairly and impartially to achieve equitable outcomes for individuals and society
113
What is law and morality
The relationship between legal rules and moral principles or beliefs in society and how one influences the other

CRIMINAL LAW (4 decks)

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