The English Legal System Flashcards

The Entirety of The English Legal System (43 cards)

1
Q

Unpaid, part-time judges who have no legal qualifications but hear cases in the Magistrate’s courts.

A

Lay Magistrates

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2
Q

Courts which are presided over by magistrates that deals with minor offences and holds preliminary hearings for more serious ones.

A

The Magistrate’s Courts

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3
Q

Crimes that can be proceeded against summarily, without the right to a jury trial and/or indictment.

A

Summary offences

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4
Q

Criminal offences that can be heard in the magistrates’ or Crown Court.

A

Either-way offences

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5
Q

The committee in the local area which selects and recruits magistrates.

A

The Local Advisory Committee

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6
Q

The person who has been delegated the responsibility of appointing Magistrates on behalf of the Queen.

A

The Lord Chancellor

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7
Q

The organisation responsible for training Judges in County, the Crown, Higher Courts and Tribunals

A

The Judicial Studies Board

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8
Q

Training which magistrates receive that covers matters such as the organisation of the bench, the administration of court and the roles and responsibilities they have.

A

Initial training

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9
Q

When a newly trained magistrate is given a mentor to give the support required to develop competencies.

A

Mentoring

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10
Q

An induction course to give magistrates the required knowledge to sit in court.

A

Core training

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11
Q

Training which helps magistrates prepare for their first appraisal.

A

Consolidation training

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12
Q

When a magistrate who has been specially trained will sit on the bench and observe whether the new magistrate successfully demonstrates the competences.

A

First appraisal

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13
Q

Proceedings held in the Magistrate’s Court, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.

A

Preliminary hearings

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14
Q

Deciding the punishment which an offender will receive for criminal behaviour.

A

Sentencing

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15
Q

The measures taken to achieve justice.

A

Punishment

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16
Q

Repaying or giving back to the victim of a crime.

A

Reparation

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17
Q

Giving offenders the skills they need to prevent them from re-offending.

A

Rehabilitation

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18
Q

Preventing possible crimes, whether it is individual deterrence or general deterrence.

19
Q

Mitigating the risks to the public of potentially dangerous individuals.

A

Public protection

20
Q

Preventing offenders from re-offending.

A

Individual deterrence

21
Q

The prevention of possible offenders from committing crimes.

A

General deterrence

22
Q

Judicial sentences consisting of mandatory custody of the convict.

A

Custodial sentences

23
Q

Monetary penalties which have been imposed upon individuals who have been convicted of a crime.

A

Financial penalties

24
Q

Set amounts of unpaid work given to convicts to give back to the community.

A

Community sentences

25
When a defendant is found guilty of a crime but is given no punishment as it would be inappropriate.
Discharge sentences
26
Non-binding guidelines that inform sentencing.
Sentencing guidelines
27
A public body which issues guidelines on sentencing in the UK.
The Sentencing Council
28
Factors which reduce the sentence which a judge gives.
Mitigating factors
29
Factors that increase the sentence which a judge gives.
Aggravating factors
30
A pressure group with centres throughout the United Kingdom that give free legal advice to assist people with money, legal, consumer and social welfare issues.
The Citizens Advice Bureau
31
Centres which offer free legal services to the public in areas with a lack of solicitors.
Law Centres
32
Solicitors whose services are available for free at police stations to those arrested under suspicion of committing crimes.
Duty Solicitors
33
Insurance which the client already had before the prospect of legal proceedings arose.
Before-the-event insurance
34
An agreement with a legal representative which provides for his or her fees, or any part of them, to be paid only in certain circumstances - usually only if the client wins the case.
After-the-event insurance/Conditional Fee Agreement
35
An initial set of requirements which determine whether a client is entitled to free legal aid.
The Interest of Justice Test
36
An order by Magistrates usually at a pre-liminary hearing which grants a defendant free legal aid or representation.
Magistrate’s representation order
37
A set of requirements which determine whether a client is entitled to free legal aid in the Magistrate’s Court.
The Magistrate’s Court Means Test
38
A set of requirements which determine whether a client is entitled to free legal aid in the Crown Court.
The Crown Court Means Test
39
Law which has developed in a community without being deliberately invented.
Custom law
40
Law which is created by judges in court cases.
Common law
41
Law which is made as an Act of Parliament.
Statute law
42
A theory which states that the three branches of government share responsibilities to avoid discretionary powers or any branch from exercising the role of another.
The Separation of Powers theory
43
The doctrine that all people and institutions are subject to and accountable to law that is fairly applied and enforced.
A.V Dicey’s Rule of Law