Section A Part 1 Flashcards

(64 cards)

1
Q

What is the primary role of magistrates in the UK legal system?

A

To hear and decide on summary criminal cases and some either-way offenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

True or False: Magistrates can impose prison sentences longer than twelve months.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the maximum sentence a magistrate can impose?

A

Twelve months imprisonment for a single offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Fill in the blank: Magistrates’ courts deal primarily with _______ cases.

A

summary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What type of cases do magistrates primarily handle?

A

Summary and some either-way offenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

True or False: Magistrates are legally trained professionals.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the minimum age requirement to become a magistrate?

A

18 years old.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How many magistrates usually sit on a bench for a hearing?

A

Two or three.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the role of the legal advisor in a magistrates’ court?

A

To provide legal guidance to the magistrates.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the term for magistrates who are appointed to sit in the Youth Court?

A

Youth magistrates.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

True or False: Magistrates can conduct trials for serious criminal offenses.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the purpose of a pre-sentence report in magistrates’ courts?

A

To assist magistrates in determining an appropriate sentence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fill in the blank: The majority of criminal cases in England and Wales are dealt with in _______ courts.

A

magistrates’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the function of the summary trial process in magistrates’ courts?

A

To resolve less serious offenses quickly and efficiently.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the term for offenses that can be tried either in magistrates’ courts or crown courts?

A

Either-way offenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is one of the key advantages of magistrates’ courts?

A

They provide a quicker resolution of cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

True or False: Magistrates have the power to grant bail.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a ‘committal hearing’?

A

A hearing to decide whether an either-way offense should be tried in the crown court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the role of the Crown Prosecution Service (CPS) in magistrates’ courts?

A

To prosecute criminal cases on behalf of the state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Fill in the blank: Magistrates are expected to be _______ members of their communities.

A

unbiased

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the maximum fine a magistrate can impose for a summary offense?

A

Up to £5,000.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

True or False: Magistrates can hear civil cases.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the name of the process by which magistrates decide the guilt or innocence of a defendant?

A

Trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What do magistrates consider when deciding on a sentence?

A

The severity of the offense and the circumstances of the offender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Fill in the blank: The _______ is responsible for appointing magistrates.
Lord Chancellor
26
What type of training do new magistrates undergo?
Induction training and ongoing training throughout their term.
27
What is the minimum number of sittings a magistrate must attend to remain active?
At least 13 sittings a year.
28
True or False: Magistrates can make decisions based on their personal beliefs.
False
29
What is the role of the magistrates' clerk?
To assist magistrates with legal procedures and administrative tasks.
30
Fill in the blank: A magistrate's decision is made based on the principle of _______.
beyond reasonable doubt
31
What is meant by the term 'lay magistrates'?
Magistrates who are not legally trained but are appointed to serve.
32
What is the significance of the 'Magistrates' Court Act 1980'?
It established the framework for the operation of magistrates' courts.
33
What is the primary function of a jury in a criminal trial?
To determine the guilt or innocence of the defendant.
34
True or False: Juries are used in both civil and criminal cases.
True.
35
What is the minimum number of jurors required for a jury in England and Wales?
12 jurors.
36
Fill in the blank: A jury's decision must be __________.
unanimous.
37
What is the term for the process of selecting jurors?
Jury selection or voir dire.
38
What is the legal age requirement to serve on a jury in the UK?
18 years old.
39
True or False: Jurors are allowed to conduct their own research about the case.
False.
40
What is the term for a jury's verdict in a criminal trial?
Verdict of guilty or not guilty.
41
Which Act governs the use of juries in England and Wales?
The Juries Act 1974.
42
What is one reason a juror may be disqualified from serving?
Being under 18 years old.
43
What is the role of a foreman in a jury?
To lead the discussions and announce the verdict.
44
True or False: Jurors can be questioned about their deliberations after the trial.
False.
45
What is the maximum number of jurors that can be empaneled for a trial?
12 jurors.
46
Fill in the blank: A jury's decision is known as a __________.
verdict.
47
What is the significance of the 'right to a jury trial'?
It protects against arbitrary government action.
48
What is the term for a trial without a jury?
Bench trial.
49
True or False: Jurors are paid for their service.
True.
50
What is an example of a case where a jury would not be used?
A family law case.
51
What does the term 'jury tampering' refer to?
Illegally influencing a juror's decision.
52
What is the consequence if a jury cannot reach a unanimous decision?
A hung jury.
53
What is the purpose of jury instructions?
To guide jurors on the law applicable to the case.
54
What is a 'challenge for cause' in jury selection?
A request to dismiss a juror for a specific reason.
55
What is a 'peremptory challenge'?
A dismissal of a juror without stating a reason.
56
True or False: All jurors must be from the same geographical area as the trial.
True.
57
What is the role of the judge in a jury trial?
To oversee the legal process and ensure a fair trial.
58
What is meant by 'jury nullification'?
When a jury decides to acquit a defendant despite evidence of guilt.
59
Fill in the blank: Jurors must base their decisions on __________.
evidence presented at trial.
60
What happens if a juror is found to have misconducted themselves?
They may be held in contempt of court.
61
What is the term for the written record of a jury's deliberations?
There is no official written record.
62
True or False: Jurors can discuss the case publicly after the trial concludes.
True, but they are often discouraged from doing so.
63
What is the 'jury pool'?
The group of potential jurors from which a jury is selected.
64
What is the primary purpose of having a jury?
To ensure community participation in the justice system.