Media Law: 2 The Legal System Flashcards
(35 cards)
Criminal law
[3]
- wronged the entire community
- in name of the state (i.e. the Queen)
- can bring private prosecution, but relatively rare
Civil law
[1]
- everything else
Private law
[1]
- disputes between private individuals/companies
Public law
[2]
- keeps public bodies in check
- mostly don via application of a judicial review
DEF: when CRIMINAL case brought against someone
“charged”
DEF: when CRIMINAL case reaches court
being “prosecuted”
DEF: someone accused of committing a crime
“defendant”
DEF: other side of a CRIMINAL case
“prosecution”
Format of writing/speaking criminal cases
[2]
- R v xxxx
- The Queen against xxxx
DEF: if prosecution wins case
defendant is “guilty” or “convicted”
DEF: what happens to a convicted defendant
they are “sentenced”
DEF: when CIVIL case brought against someone
being “sued”
DEF: person brining civil case
“claimant”
DEF: person civil case is against
“defendant”
Format of writing/speaking civil cases
[2]
- [defendant surname] v [claimant surname]
- [defendant surname] and [claimant surname]
DEF: if claimant wins
[2]
- defendant has “lost” or has been found “liable”
- NEVER “guilty” or “convicted”
DEF: what happens to defendant when claimant wins
- defendant has been “awarded damages against” them
- NEVER “sentenced” or “fined”
traditional difference between solicitors and barristers
[2]
- solicitors dealt with clients, then referred to barristers for specialism or to be represented in court
- only barristers allowed to represent in higher courts
changes in relationship between solicitors and barristers
[3]
- happened since 1990
- clients can now directly consult barristers
- solicitors can now represent in all courts (“solicitor advocates”)
QCs
[4]
- service as barrister/solicitor for at least 10 years
- considered particularly talented/experienced
- not automatic, must apply (can get rejected)
- higher-paid work
Supreme Court Justices
[3]
- sit in Supreme Court
- 12 at a time
- ‘Lord’ or ‘Lady’
Lord and Lady Justices of Appeal
[3]
- sit in Court of Appeal
- 38 at a time
- ‘Lord’ or ‘Lady’
heads of Criminal/Civil Divisions of Courts of Appeal
[2]
- Master of the Rolls [Civil]
- Lord Chief Justice [Criminal]
High Court judges
[5]
- sit in High Court
- most serious cases in Crown Court
- just over 100 in number
- spend time ‘on circuit’ in regional courts
- journos refer to ‘Mr/Mrs Justice [surname]’
