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Flashcards in Rule of Law and Civil Law Deck (73):

What is 'Criminal Law'?

Aimes to make sure everyone is safe and protected. It covers actions that are regard as crimes against society


Examples of criminal law

Damage to property


What is 'Civil Law'?

Covers disputes between people and is usually about rights


Examples of civil law

Consumer rights
Accidents at work


Who is the 'plaintiff'?

Someone feels that damage has been down to them


Who is the 'defendant'?

Someone who brings a case against the other person


Example of civil offence

If someone writes or broadcasts something about a person that is not true, that person can sue for libel


Aim of civil cases

To uphold the rights of individuals


Aim of criminal cases

1) To maintain law and order
2) To protect society


Courts that dealt with CIVIL CASES

County Court
High Court


Courts that dealt with CRIMINAL CASES

Magistrates Court
Crown Court


Who starts the CIVIL cases

The individual whose rights have been affected - claimant


Who starts the CRIMINAL cases

1) The State through the police - Prosecutor
2) Crown Prosecution Service - Prosecutor


Standard of proof in CIVIL cases

On the balance of probabilities


Standard of proof in CRIMINAL cases

Beyond all reasonable doubt


Who makes decision in CIVIL cases

The judge


Who make decision in CRIMINAL cases

Magistrates or jury


Decision of CIVIL cases

Liable or not liable


Decision of CRIMINAL cases

Guilty or not guilty


Powers of Country/High court (Civil cases)

Compensation at a level set by the judge


Powers of Magistrates/Crown Court (Criminal cases)

1) Prison
2) Fine
3) Community Service
4) Discharge
The magistrates/ judges set the sentence


7 sources of law

1) Statute Law - Made by Parliament
2) Case Law - Based on judges decision
3) Common Law - Made outside Parliament, developed over centuries
4) Bylaws - Made by local authorities apply to their area
5) Rules and regulations E.g. By railways, bus companies, schools
6) International law - International agreements and treaties
7) European law - From EU, Britain plays a part in making these laws


7 Rights of the accused

1) To be innocent unless proven guilty
2) THe prosecution must prove the crime has been committed
3) The crime must be beyond all reasonable doubt *Better not to convict than convict innocence
4) Except youth case, the trial must be held in public
5) Witnesses must give evidence in the presence of the accused - The accused must be allowed to question when they give evidence
6) The court must listen to all that you and your lawyers have to say - relevant to your defence
7) You can never be charged with that particular offence again


Legal power of the police

1) Stop and search
2) Arrest
3) Detention
4) Investigation
5) Identification
6) Interviewing detainees


The action police will take against an arrested person if they have enough evidence

Take to a police station and detention authorised
Suspect placed in a cell


Police's responsibility

1) Uphold the Law - fairly and firmly
2) Prevent crime
3) Detect crime - Purse and bring to justice those who break the law
4) Protect, help and re-assure the community
5) Keep the Queen's Peace
6) Be seen to do all things with integrity, common sense and sound judgement


Reasonable grounds of suspects

1) Stolen goods
2) Drugs
3) Offensive weapons
4) Burglar or theft
5) Knives
6) Items which could damage or destroy property e.g. spray pain can


Rights that everybody has if arrested by the police

1) Proof of their warren card
2) Information on police powers to stop and search
3) Your rights
4) The police officer's name and police station
5) The reason for the search
6) What they think they might find when they search you
7) A copy of the search record


Conditions when police can serve a summons

1) You have given a false name or address
2) To prevent you causing physical injury to yourself or others
3) To protect a child or other vulnerable person
4) To prevent offence against public decency


Right to a phone call

In the UK,you have a right to have someone to be informed of your arrest
X the right to a phone call


Who are involved in the hearing in the magistrates' court

1) Three magistrates - Bench
2) A legall qualified Court Clerk


Which two branches is the English Legal System divided into?

Civil Courts and Criminal Courts


Who appoints magistrates?

By the Crown
- Not paid but may claim expenses and an allowance for loss of earning
- Don't usually have legal qualifications


Requirements of ' District Judges'
* In magistrates' court

1) At least 7 years' experience as a Barrister or Solicitor
2) 2 years' experience as Deputy District Judge
* They sit alone and deal with more complex or sensitive cases
e.g. Serious Fraud


What case will always be hear in the Crown Court even involve people under 18

1) Homicide 2) Rape
* Because the sentencing power of the youth court are insufficient


Limits of Magistrates court punishment

1) Cannot normally order sentence of imprisonment that exceed 6 months ( or 12 months for consecutive sentences)
2) Fines exceeding £5000


Age range that dealt in the Youth Court

10 to 17 ( not for homicide or rape)


Range of sentences available in Youth Court

* Designed to prevent further offending
1) Marking of a Detention
2) Training Order up to 2 years


What does Magistrates' Court deal with?

* 95% of cases & many civil cases
- Family matters
-Liquor licensing
- Betting and gaming


Purpose of Magistrates' Court

1) To punish law breaker
2) Resolve local disputes
3) Keep order in the community


What does Crown Court deal with?

*More serious criminal cases
- Murder
- Rape
- Robbery
∆ Some are on appeal
∆ Referred from Magistrates' Court


Crown Court trials are heard by

A judge and a 12 person jury (member of the public)


What do 'Crown Prosecution Service' do?

* It's a Government Agency
1) Prepare and conduct the court proceedings for the prosecution
2) Provide a barrister to conduct the prosecution
3) Arrange for prosecution witnesses to attend court


What dose County Court deal with?

* Referred as "Small claims Court"
1) Debt repayment - Return of goods bought on credit
2) Personal Injury
3) Contract concerning goods or property
4) Family issues - divorce or adoption
5) Housing disputes - mortgage and council rent/ re-possession


What cases do 'High Court' deal with?

More substantial civil claims (over around £ 25,000)
The action begun by "writ", which is accompanied by a "statement of claim"


3 High Court Division and what they deal with

1) Family Division - Divorce and chid welfare matters, administration of wills
2) The Chancery Division - Disputes about wills, settlements and trusts, bankruptcy, land law, intellectual property (Copyright and patents), corporate laws
3) The Queen's Bench Division - Disputes about contracts or torts or land


Appeals from Crown Courts go to

The Court of Appeal Criminal Division


Appeals from County & High Court go to

The Court of Appeal Civil Division


Appeals in criminal & civil cases from the UK go to

Supreme Court


Appeals format he highest courts of European Union member states

The European Court of Justice


Where does solicitor work in?

In magistrates' court and county court


What does solicitor do?

1) Preparation of cases
2) Advocacy
3) Litigation
* Commercial work relating to business
- Commercial transaction
- Corporate matters
-land, share and other property dealings
* Private client work (does not involve any litigation)
- conveyancing of houses
- Making wills
-Advising on tax matters


Where does barrister work in ?

Occasionally advocates in magistrates' court
Mainly work in the Crown Court, High Court or appeal courts


What does barrister do?

• Advocacy - present cases in court
•Can take an independent judgement as to how to conduct the case
•Instructed by a solicitor


What are "magistrates" and what do they do?

"lay magistrates" - justices of the peace
•They are ordinary citizens who are not legal professionals
•They have no legal training
∆ Appointed to ensure the local community is involved in the running of the legal system & its substantive decision
∆ Reflect community values
*Must have two or more magistrates
† Preside over criminal trials in the magistrates' court


Function of judge in Crown Court

1) To ensure the fair conduct of the proceedings
2) To give rulings on points of law
3) Determine the sentence if the defendant is found guilty


Judges and Juries' relation

∆ Judges will summarise and analyse the facts for the jury
∆ Should not pass comment
∆ Make adverse comments if a suspect fails to give evidence in court about a defence being relied upon


Juries in Crown Court

12 persons, aged 18 to 70
* Drawn from the electoral register of local community - Jury Act of 1974
To reflect back community standards into how the law is applied
They may not discuss the case with anyone else


Why is media not allowed to reveal the name of children or victim of sexual assault in a case?

To prevent them from being identified


Criminal Defence Service

Fund cost of legal advice and the presentation of the accused


Ineligible to serve as Jury

1) On bail
2) Served a prison sentence or detention order in the last ten years
3) Has been sentenced to five or more years in prison
4) Regularly treated for mental illness


Crime committed by children under the age of ten

Not seen to be able to understand the consequences of what they have done


Crime committed by chidden age 10-14

Aware that what they were doing was seriously wrong
* Serious offence such as murder or rape could be sent to the Crown Court for trial


Crime committed by people after the age of 14

Fully responsible for their own actions
∆ Classified as "young offenders" those aged 17 or under


What is a "restorative justice"?

Justice that aims to 'restore' young offenders to society and make them pay restoration to the people and community against whom they have offended.


3 main principles of "Youth Justice"

1) Take responsibility
- Their behaviour and offences
- Should learn to behave more responsibly in the future
2) Make amends
- To the victims of crime or to the community
3) Guidance and support
- Offend to the offender to get them back into society
- Help them develop as law abiding citizens


Who made up the "Youth Offending Team"

1) Members of police
2) Social services
3) Education
4) Probation
5) Health agencies
*in local area


What does "Youth Offending Team" do?

* Try to change the young person's attitudes and behaviour
* To 'rehabilitate' the offender
1) Counselling
2) Help for parents to become better at controlling the young person
3) Community activiteies
4) An apology to the victim or mending and damage done
5) Improving school work and attendance


Who is served in the Youth Court?

1) Youth panel magistrates
2) District judges


Youth Court's power

1) Detention and Training Orders of up to 24 months
2) A range of sentences in the community


Magistrate in Youth Court

1) At least one of them has to be woman
2) Must not be over 65 years old
3) Specially trained


Victim of crime in Youth Court

Can attend the hearings but must make a request to the court


Purpose of sentencing in court

1) To help the victim
2) To deter the offender from offending again
3) To keep people safe
4) To put off other potential criminals
5) To punish the offender and maintain respect for the law