English Legal System for Crime

Question 1

In a criminal trial what is the case name?

Answer 1

R V Defendant

Question 2

In a Civil trial what is the case name?

Answer 2

Claimant v Defendant

Question 3

In a criminal trial who is the case brought by?

Answer 3

Crown prosecution service

Question 4

In a civil trial who is the case brought by?

Answer 4

Claimant

Question 5

In a criminal trial which court is the first instance?

Answer 5

Magistrates court or crown court

Question 6

In a civil trial which court is the first instance?

Answer 6

County Court or High Court

Question 7

In a criminal trial who is the burden of proof on?

Answer 7

Prosecution

Question 8

In a civil trial who is the burden of proof on?

Answer 8

Claimant

Question 9

What is the standard of proof in a criminal trial?

Answer 9

95% (Beyond reasonable doubt)

Question 10

What is the standard of proof in a civil trial?

Answer 10

51% (Balance of probabilities)

Question 11

What is the 1. Aim 2. Verdict 3. Outcome, of a criminal trial?

Answer 11

1. Protect society
2. Guilty or not guilty
3. Punishment if guilty.

Question 12

What is the 1. Aim 2. Verdict 3. Outcomme, of a civil trial?

Answer 12

1. Protect Individuals
2. Liable/Not liable
3. Damages or injunction

Question 13

Sources of law: What is Custom law?

Answer 13

A local customer outside of common law has been considered valid if it has been practised peaceably and continuously from time immemorial. Traditions only become law if it has been recognized by the court.

Question 14

Sources of law: What is Common law?

Answer 14

Unwritten law made by judges setting a judicial precedent. This is undemocratic as judges are not elected to make laws.

Question 15

Sources of law: What is Statute law?

Answer 15

Written law made by parliament in an act of parliament.

Question 16

What is an example of an aggravating factor?

Answer 16

Increase sentence given, use of a weapon, previous relevant convictions, offence committed while on bail, racially motivated offence, hostility to disability or sexuality, the offender being part of group/gang, particularly vulnerable victim, victim serving public e.g. premeditated attack.

Question 17

What is an example of a mitigating factor?

Answer 17

A lower sentence is given, Cooperation with police, genuine remorse, mental or physical illness of defendant, no previous convictions. Reduction for guilty plea - 1/3 reduction if D pleads guilty at the earliest opportunity.

Question 18

Types of sentences - Adults.

Answer 18

Fine - most common, used mostly by the magistrate’s court.

Question 19

Types of sentences - Adults.

Answer 19

Community sentence - Must contain a punishment element. Criminal Justice Act 2003 allowed unpaid work, drug rehab, and curfew requirements.

Question 20

Types of sentences - Adults.

Answer 20

Discharge - Can be conditional: must not re-offend within a certain time or absolute: punished enough.

Question 21

Types of sentences - Adults.

Answer 21

Custodial sentence - Prison or secure hospital: so serious.

Question 22

What is the aim of a sentence?

Answer 22

Punishment, deterrence, rehab, reparation.