exam revision Flashcards
(22 cards)
what is social cohesion?
Willingness of members of a society to cooperate with eachother in order to survive and prosper.
what are the principles of justice?
fairness, access and equality
what is the role of fairness?
fairness means all people can participate in the justice system and its processes should be impartial and open. for example, if a person is deaf they should be able to have an interpreter.
what is the role of access?
access refers to the ability that all people should be able to engage with the justice system and its processes on an informed bias.
what is the role of equality?
equality refers to all people being treated in the same way. But if treatment creates disparity or disadvantage adequate measures should be implemented to remove the issue.
what is the relationship between courts and parliament?
the interpretation of statutes by courts (statutory interpretation)
the codification (collect all law on one topic and make it one) of common law
the abrogation (abolish a law) of common law
the ability of courts to influence parliament.
what are the two sources of law?
statute - law made by parliament
common - law made by courts
what is the court hierarchy?
high court
supreme court (appeals)
supreme court (trial division)
county court
magistrates court
why is there a court hierachy?
Specialisation: Different courts handle different types of cases, allowing them to develop expertise. For example, the Magistrates’ Court deals with minor offences, while the Supreme Court handles serious offences.
Appeals: The hierarchy allows parties to appeal decisions to higher courts if they believe an error was made in a lower court.
Administrative Convenience: Minor and more frequent cases are heard in lower courts, while serious and complex cases go to higher courts. This improves efficiency.
Doctrine of Precedent: Higher courts set legal precedents that lower courts must follow, helping ensure consistency and predictability in legal decisions.
what are the characteristics of effective laws?
laws must reflect societies values.
laws must be enforceable.
laws must be known .
laws must be clear and understood.
laws must be stable.
what is the difference between summary and indictable offences?
summary offences are offences that are less complex or serious. for example speeding.
indictable offences are offences that are more complex and serious, these include, murder or arson.
what is actus reus?
actus reus refers to the physical element of a crime. for example, the action of murdering someone
what is mens rea?
mens rea is the mental element of a crime. for example premeditated murder or having a history of crime.
what is causation?
the direct relationship between 2 events. where event 1 was the reason event 2 happened. for example, if a person is speeding (event 1) and they kill someone (event 2) they will be charged.
what is defense to a crime?
justification or lawful reason given by the accused as to why they are not guilty of a criminal offence
what are defenses to a crime?
self-defense
mental impairment
accident
intoxication
what is the role of a jury?
the role of a jury is to determine the outcome of an accused person. juries use facts to determine this and have strict rules they must follow. such as, not using media.
when would a jury be used?
juries are used to determine the guilt of an accused person who is charged with an indictable offense. juries contain 12 people and are not used in the magistrate’s court or appeals.
how can fairness be achieved?
fairness can be achieved by allowing all people to use the justice system impartially and openly. for example, if a person’s first language is not English they should be granted an interpreter
what are sentencing factors?
sentencing factors are factors a court must take into consideration when sentencing an offender. some factors may increase or reduce the sentence.
what is mitigating factors?
mitigating factors are facts or circumstances about an offender or an offence that can lead to a less severe sentence
what is aggravating factors?
aggravating factors are facts or circumstances about an offender or an offence that can lead to a more severe sentence
