Key Terms

Question 1

County court

Answer 1

deals with civil (non-criminal) matters

Question 2

High Court

Answer 2

They try serious criminal cases, important civil cases and assist the Lord Justices to hear appeals

Question 3

Appellate court

Answer 3

The appellate court’s task is to determine whether or not the law was applied correctly in the trial court

Question 4

Tribunal

Answer 4

a body established to settle certain types of dispute. (Court of justice)

Question 5

Dispute resolution

Answer 5

Dispute resolution is the process of resolving a dispute or conflict between different parties.

Question 6

Civil court

Answer 6

where an individual or a business believes their rights have been infringed.

Question 7

Substantive law

Answer 7

Create and define legal rights and obligations (e.g contract law, tort law) criminal offences

Question 8

Pubic laws

Answer 8

Govern the relationship between the state and its citizens, e.g criminal law; tax law; constitutional law (basically how the country is run and how it exercises power)

Question 9

Private laws

Answer 9

Create rights enforceable between individuals; usually substantive

Question 10

Private laws

Answer 10

Create rights enforceable between individuals (typically contract laws)

Question 11

What does Section 142 Criminal Justice Act 2003 have regard to?

Answer 11

• the punishment of offenders
• the reduction of crime (including through deterrence)
• the reform and rehabilitation of offenders
• the protection of the public
• the need to make reparations to victims of crime

Question 12

List types of sentences for crimes

Answer 12

fines
Litter picking
Prison
Community service
Custodial
Motoring offences

Question 13

What are the powers of the court of appeal?

Answer 13

allow the appeal and quash the conviction
Vary the conviction - to a lesser offence
Decrease the sentence (cannot increase it)
Dismiss the appeal
Order a retrial (new jury)

Question 14

What does it mean to ‘quash’ a conviction?

Answer 14

reject as invalid, especially by legal procedure.

Question 15

What are the pre-trial procedures for an indictable offence?

Answer 15

Preliminary hearing in the magistrates court
Preliminary case management hearing
Plea and trial preparation hearing
Further case management hearing

Question 16

Who advises the police which charges should be brought against a defendant?

Answer 16

Crown Prosecution Service

Question 17

What is the full name of the legislation that sets out the powers of the magistrates’ court when hearing triable-either-way offences?

Answer 17

the Magistrates’ Court Act 1980

Question 18

What does the Magistrate courts have the power to?

Answer 18

Deal with preliminary matters for indictable offences before referring to the Crown Court, sentence offenders pleading guilt to a summary offence

Question 19

What is a case stated appeal?

Answer 19

An appeal on a point of law made by either the prosecution or the defence after a trial in the Magistrates’ court to the King’s Bench Division

Question 20

What is the ‘double jeopardy’ rule?

Answer 20

A person may not be tried for a crime for which s/he has previously been acquitted or convicted, or in respect of which s/he could, on the same previous indictment/summons have been lawfully convicted

Question 21

What is meant by an ‘acquittal’

Answer 21

An acquittal is a resolution of some or all of the factual elements of the offense charged.

Question 22

What is stated in the Criminal Appeal Act 1995?

Answer 22

Shall allow an appeal against a conviction if they think that the conviction is unsafe and shall dismiss an appeal in any other case

Question 23

Crown court appeal route?

Answer 23

CC trial on indictment>Court of appeal>Supreme Court

Question 24

Summary offence?

Answer 24

Least serious offence, tried in the Magistrates court, max fine of £5000, 6 months imprisonment, ex: driving without a licence

Question 25

Triable-either-way offences?

Answer 25

Triable-either-way offences, which sit between summary and indictable I’m terms of seriousness, and which have to be tried in either the magistrates’ court or the Crown Court

Question 26

What is the criminal process?

Answer 26

Adversarial: where two parties are represented, a form of common law

Question 27

What is the court of first instance?

Answer 27

a court in which legal proceedings are begun or first heard.

Question 28

What is a “lay magistrate”?

Answer 28

A magistrate with no legal qualifications

Question 29

What is common law

Answer 29

Written law decided by judges

Question 30

What is statute

Answer 30

Written law declared by judges in parliament

Question 31

What is delegated legislation?

Answer 31

Law created by ministers or those with less power

Question 32

What is the Law of Tort.

Answer 32

imposes a duty of care, negligence, occupiers liability, typically in the civil court system

Question 33

What is the job of the Criminal Justice Services?

Answer 33

Responsible for the administrative procedure of the criminal law

Question 34

What does it mean to have a civil law system?

Answer 34

To have a set of rules written down, some countries have a very clear document where it’s noted down

Question 35

What is the Rule of Law?

Answer 35

A symbolic idea, defined by Lord Bingham as ‘an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large’

Question 36

What are some of the main principles of the Rule of Law?

Answer 36

No person shall be sanctioned except in accordance with the law All shall be equal before the law There shall be fairness and clarity of the law the government and its officials are subject to it No single branch of government can exercise unlimited power There are checks and balances, including an independent judiciary, to maintain these principles

Question 37

Who was Albert Dicey?

Answer 37

The founding father of the concept of ‘the rule of law’

Question 38

What is one of the three meanings of the ‘rule of law’ (a citizen…)

Question 39

What is the plea-before-venue?

Answer 39

A preliminary hearing in the magistrates' court where a defendant indicates his plea in response to the charges against him

Question 40

What is jury nobbling?

Answer 40

the actual or attempted influence of one or more jury members through intimidation or inducement

Question 41

Function of the jury in a criminal trial?

Answer 41

Decide facts based on evidence, come to a unanimous conclusion

Question 42

Advantages of the use of juries?

Answer 42

Public confidence, equity, secrecy of the jury room, impartiality

Question 43

Disadvantages of the use of juries in the legal system

Answer 43

Secrecy, exceptions, racial bias, tampering, lack of understanding, high acquittal rates

Question 44

How are magistrates selected?

Answer 44

Magistrates are recruited and recommended for appointment by local advisory committees, public bodies made up of existing magistrates and non-magistrates. The Senior Presiding Judge appoints magistrates on behalf of the Lord Chief Justice. You do not need legal training or formal qualifications to become a magistrate.