The Fundamental Principles Of Law

Question 1

What is the idea that laws are properly enacted and clear in their purpose, and why is it so important?

Answer 1

• Laws are formally agreed and the purpose of any law is clearly set out (clear intention).
• It is essential that laws are passed and implemented through proper legal procedures.

Question 2

What is the idea of legal certainty? Why is it important for citizens?

Answer 2

• All laws in the UK must be applied in a precise and predictable manner.
• Citizens must believe that the law is fair, predictable and transparent. If they do, they are more likely to obey.

Question 3

What is the idea that there is equality and fairness in the law? Give an example where it is important.

Answer 3

• Everyone should have equal access to the justice system.
• The law applies to everyone, including members of the royal family, who have faced court and convictions.
• The legal system should ensure all offences are treated consistently, without bias.
• for example, first-time offenders who commit the same crime should receive the same treatment, regardless of their background.

Question 4

What is the idea that laws cannot be retrospective? Why is this important for citizens?

Answer 4

-Legislation cannot be pre-dated.
-You cannot be tried for an action that was not unlawful at the time.
-Provides citizens with certainty about the law.

Question 5

What’s the idea that there is a due legal process? What rights are guaranteed?

Answer 5

• The judicial system must operate as laid down in law.
• A fair trial, the right to defend oneself, the right to be represented, (if found guilty) the right to appeal.

Question 6

What is Justice?

Answer 6

The fair, impartial and consistent application of legal principles to protect rights, uphold equality, and ensure accountability within society.

Question 7

What is presumption of innocence?

Answer 7

The legal principle that every individual is considered innocent until proven guilty through fair and impartial legal proceedings.

Question 8

What is trial by jury?

Answer 8

A legal process where a group of impartial citizens determine the facts of a case and delivers a verdict, ensuring fairness and public participation in justice.

Question 9

What is access to justice?

Answer 9

Ensures that individuals can obtain fair and impartial resolution of their legal disputes through an effective, affordable, and accessible legal system.

Question 10

What are the four roles that ordinary citizens can take part in within the justice system?

Answer 10

• Members of a jury
• Magistrates
• Special constables
• Police and crime commissioners

Question 11

Who can be selected to be in a jury and what is their role? What are the conditions?

Answer 11

• Unpaid but they can receive compensation for travel, loss of earnings etc.
• You are legally obliged to attend, £1000 fine for unreturned summons form or for not turning up, if you can’t do jury duty you must have a valid reason.
• Between 18-76.
• No serious or current criminal offences.
• 12 members of the public.
• Listen to evidence, decide if the defendant is guilty or not guilty of the offence.

Question 12

What are the advantages of having a jury?

Answer 12

• Fundamental feature of democratic society.
• Make decisions in secret, free from outside influence.
• Make the legal system open as justice is done by members of the public.
• Make decisions based on fairness (jury equity)

Question 13

Disadvantages of having a jury

Answer 13

• people with prejudices
• Jury tampering is a potential issue
• Not legal experts (fair?)

Question 14

What are the 9 key principles of law? (5 principles, 4 terms)

Answer 14

• legal certainty
• laws are properly enacted and clear in purpose
• equality and fairness
• cannot be retrospective
• due legal process
• justice
• presumption of innocence
• trial by jury
• access to justice

Question 15

What does it mean to be a jury member?

Answer 15

• randomly selected citizens determine the outcome of a trial, an important citizenship duty.

Question 16

What does it mean to be a magistrate (JPs)

Answer 16

• (Justices of the Peace) ordinary citizens volunteer, determine most minor criminal cases in the magistrates courts.

Question 17

What does it mean to be a special constable?

Answer 17

• volunteers who support the work of full time police officers.

Question 18

What does it mean to be a police and crime commissioner?

Answer 18

• publicly elected officials who are responsible for the strategy and budget of a local police force.
• hold police accountable on regional basis

Question 19

What is a police commissioner? (different to a police and crime commissioner)

Answer 19

• A high ranking officer who runs the police force and manages day to day operations

Question 20

What does it mean to be a member of a tribunal hearing?

Answer 20

• A person who listens to evidence and makes fair decisions in legal disputes