the law and legal system

Question 1

what is the definition of a law?

Answer 1

a compulsory rule that everyone must follow

Question 2

give 3 reasons why it’s important to have laws

Answer 2

• keep everyone safe
• without laws, people wouldn’t know what to expect of others in society
• without laws, people would find it difficult to trust others

Question 3

what is prejudice?

Answer 3

beliefs that one group or aspect of identity is better/worse than another

Question 4

what is negative discrimination?

Answer 4

when a person acts on a prejudice belief and treats a person unfairly - often causes harm and creates a situation that limits/restricts an individual/group

Question 5

what is direct discrimination?

Answer 5

obvious and deliberate

Question 6

what is positive discrimination?

Answer 6

actions which are intended to improve a person’s/group’s situation and directly counter the prejudice they face (e.g a teacher giving boys extra time for a test because girls on the whole do better than boys)

Question 7

what is indirect discrimination?

Answer 7

not directly intended but actions lead to a person/group being restricted in some way (e.g a school trying to be inclusive but not having the resources for a certain student’s needs)

Question 8

state 2 legal duties in the 2010 equality act

Answer 8

• employers have a legal duty to ensure that their employees with a ‘protected characteristic’ are protected from harrassment
• employers have a legal duty to ensure employees don not discriminate against a fellow worker because of a protected characteristic

Question 9

there are 9 protected characteristics - state 4 of them

Answer 9

age, disability, race, religion/belief, sex, marriage/civil partnership, gender reassignment, pregnancy/maternity, sexual orientation

Question 10

how do you make a complaint under the equality act 2010?

Answer 10

1. keep a record of relevant events
2. seek advice (e.g from trade union, solicitor, etc.)
3. speak to a boss/supervisor to sort out the problem
4. use the company’s grievance procedure (the official complaint)
5. go through professional mediation if the matter isn’t solved through the grievance procedure
6. take legal action through an employment tribunal for an independent judgement - must be done within 3 months of the initial problem occurring

Question 11

people must be seen as _______________

Answer 11

innocent until proven guilty

Question 12

state 2 things that the defendant does not have to do

Answer 12

• answer questions in a police station
• provide a defence case statement
• give evidence at their trial
• provide an explanation for any issues raised by the prosecution
• answer questions asked by the prosecution

Question 13

what are juries allowed to take into consideration when reaching their verdict?

Answer 13

a defendant’s silence

Question 14

why do most defendants choose to make some response to charges against them?

Answer 14

the jury can take their silence into consideration when reaching a verdict of ‘guilty’ or ‘not guilty’

Question 15

what are all defendants entitled to?

Answer 15

legal representation - this should be provided by the state through legal aid (especially if they can’t afford a lawyer)

Question 16

name 2 things that defendants have the right to

Answer 16

• attend court and question witnesses
• appeal to a higher court
• legal representation

Question 17

name 2 things that defendants have the right to

Answer 17

• attend court and question witnesses
• appeal to a higher court
• legal representation

Question 18

state 2 areas of civil law

Answer 18

• human rights law
• family law
• environmental law
• land law
• EU law
• tax law

Question 19

how certain does a jury need to be within a criminal case?

Answer 19

95% certain

Question 20

how certain does a jury need to be within a civil case?

Answer 20

51% certain

Question 21

which court deals with a civil case?

Answer 21

county court, family court, tribunal, high court

Question 22

what happens to the victim in a civil case?

Answer 22

if they win, they’ll receive compensation and may have legal costs paid for. if they lose, they’re likely to have to pay the winner’s legal fees

Question 23

who takes a criminal case to court?

Answer 23

usually the CPS (crown prosecution service)

Question 24

which court deals with a criminal case?

Answer 24

magistrates’ court, crown court

Question 25

what happens to the wrongdoer within a criminal case?+

Answer 25

receive punishment - community orders, fines, imprisonment, etc.

Question 26

what types of cases does the crown court deal with?

Answer 26

serious - e.g murder, rape, robbery

Question 27

who determines the sentence in a crown court?

Answer 27

judge

Question 28

who hears the cases in a magistrates court?

Answer 28

either a judge, or 3 magistrates

Question 28

who hears the cases in a magistrates court?

Answer 28

either a judge, or 3 magistrates

Question 29

is there a jury in a magistrates court?

Answer 29

no

Question 30

what did the supreme court replace?

Answer 30

the house of lords

Question 31

the court of appeal consists of which 2 divisions?

Answer 31

civil and criminal

Question 32

where will criminals go as their punishment in youth courts?

Answer 32

usually a youth detention centre as they’re under 18

Question 33

what is parliamentary supremacy?

Answer 33

parliament is the superior power in the UK - it has the ability to make/amend laws

Question 34

why does the case of Cheney vs Conn (1968) support supremacy of parliament?

Answer 34

a person argued that their tax was being used to make nuclear weapons (illegal). the court argued applied the Finance Act in 1964 and claimed nothing illegal had happened, as later law is supreme.

Question 35

give an example of primary legislation.

Answer 35

HRA 1998, Parliament Act 1911, War Damage Act 1965

Question 36

can secondary legislation be challenged?

Answer 36

yes, by judicial review