Theme c Flashcards

1
Q

what is The role of the Law

A
  • the idea of everyone following the law is called the rule of law key roles of the law
  • set out acceptable actions
  • to keep order in society and provide a common understanding of what would happen if you break the law
  • Ensure fairness-no one should be punished for something they did not do
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2
Q

what is the law made to do?

A
  • punish- if committing a crime then a consequence will be served
  • to deter- the thought of punishment will put of people and will hesitate to break a law
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3
Q

How does the law effect our daily lives?

A

the law controls

  • what we can buy
  • what we consume
  • where we live
  • how we can be educated
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4
Q

How can the law affect our daily lives in the UK?

A

examples in the UK of how the law affects our daily lives

  • have to be in school until 18
  • must do maths and English until 16
  • alcolole cigeretes and epens until 18
  • must have a tenant if renting
  • can only a limited amount of hours if under 18
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5
Q

How does the law settle disputes within society?

A

the law is also there to settle disputes within society. this also links to civil law such as:

  • family custody and marriage, business contracts,
  • land boundaries,
  • consumer protection( items brought from suppliers) protected under the Consumer Rights Act 2015
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6
Q

How does the law protects the public?

A
  • all citizens should be protected from danger and harm such as manslaughter murder injury homicide burglary
  • health and safety protection should be provided in schools, workplaces, and homes
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7
Q

How is the law responding to new situations?

A
  • terrorism=where groups such as ISIS have emerged and the law has to be flexible to deal with it
  • science discoveries boundaries with scientific discoveries eg: human fertilization and Embryonic Act 1991 prevents embryos from being used after 14 days. it’s unethical
  • new technology in social media where privacy is needed
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8
Q

What are the Ages of responsibility including driving, marriage, voting, working, armed forces, navy?

A
  • Drive -17 able to get a provisional license to learn
  • marriage non-consent 18- avoids being pressured or abused into getting married and avoiding being taken advantage of
  • voting- 18-responsible enough to vote in general elections
  • working - part-time 13-16 full-time 18- avoids young people being exploited into working many hours affecting their health and education in a negative way
  • Army forces- consent 16 nonconsent 18- need to be mature and their career path might change
  • navy- 16 - responsible enough for age related role
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9
Q

What are Debates about legal age limits?

A
  • some may argue that 16-year-olds are responsible enough to vote in elections because they can work, pay tax and join the navy
  • on the other hand, some may argue that 16 yr olds lack maturity and are unexperienced or may be influenced
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10
Q

What is the ages of responsibility in wales and england?

A
  • under 10 = cant be arrested for crimes
  • 10-17 = can go to youth court
  • 18=prison and adult court
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11
Q

What age can you go to youth court in scotland?

A

8

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12
Q

What is the principle of the law?

A
  • the fundamental principle of the law is to ensure that all citizen’s rights and freedom are protected through the rule of law
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13
Q

what are the basic rights of citizens in the uk?

A
  • right to life
  • right of freedom of expression
  • right to a free trial
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14
Q

What is the Rule of Law?

A
  • everyone should be accountable for their actions
  • protection of citizens from harm and danger
  • Everyone should follow the law
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15
Q

What is the magna carta?

A

the first document to put into writing the principle that the king and his government was not above the law

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16
Q

each citizen in a democracy has the right to in the court :

A
  • be respected
  • prepare for a defense
  • appeal to the highest court
  • have impartial juries and judges at their hearing
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17
Q

What is common law?

A

common law which are laws signed by judges or verdicts in the past in which have similar cases, the ruling is set as a precedent for other judges to follow

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18
Q

What is the relationship between England and Wales in terms of jurisdiction, and how does the Welsh legal system interact with the shared jurisdiction?

A
  • England and Wales share the same jurisdiction
  • they share common law which are laws signed by judges or verdicts in the past in which have similar cases, the ruling is set as a precedent for other judges to follow
  • wales can still amend or change the law to suit the country but still follow the same jurisdiction
  • welsh assembly- 60 members. 40 voted by first past the post
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19
Q

What is the scotish juristiction?

A
  • they have the same employment law as the uk
  • they have different criminal and civil law
  • criminal law verdicts are not guilty not proven and guilty
  • the Scottish Supreme court is their highest court
  • roman law
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20
Q

What is the Northern ireland juristiction?

A
  • has its own assembly
  • has some common laws that have been passed through the UK parliament (when they were with them)
  • it also has some common laws passed by Ireland’s parliament
  • UK laws do not apply to NI due to the country’s historical and religious background. The abortion act 1967 does not apply to them
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21
Q

What are the sources for the law in the UK?

A

common law-

  • laws that have been made by judges and verdicts that have been made#if a judge rules on a case, that becomes precedent for other judges in the future to follow

legislation

  • creating laws within parliament
  • A private member bill(a backbench MP) can propose a new law
  • rarely do they succeed as they are always debates with the government about it

Eu

  • laws set by the EU must be followed
  • any of the 26 members including the UK can’t create laws that contradict the EU laws
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22
Q

Why does the UK have criminal law?

A
  • criminal law maintains order and protects society as a whole
  • it also protects harm against to property and people.
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23
Q

What are the types of crimes that go against criminal LAW (people)? 5 points

A
  • assault
  • rape
  • robbery
  • murder
  • manslaughter
24
Q

What are the types of crimes that go against criminal LAW (property)? 4 points

A
  • vandalism
  • fraud
  • arson
  • forcible entry
25
Q

Who are criminal cases brought by?

A

criminal law cases are brought by the crown proescution services for breach of the law

26
Q

What is the role of civil Law?

A

Civil law aims to deal with disputes between individuals or organisations.

27
Q

What are the different types of civil law disputes? 6 points

A
  • contracts
  • debt
  • divorce and custody of children
  • injury
  • property disputes
  • consumer disputes
28
Q

What is the Role of the Police? 4 points

A
  • their role is to keep the public safe
  • they patrol for crimes
  • They educate people within schools and the community
  • They collect evidence and investigate
29
Q

What are the powers granted to police officers? 6 points

A
  • They have the right to search people beyond reasonable suspicion
  • They can arrest anyone who believes, committed a crime
  • They can use force if necessary
  • They can enter a premises to save a life or avoid a crime
  • They can detain someone for 24 hours
  • To Charge someone if they have enough evidence to show to the crown prosecution services
30
Q

What are the roles and responsibilities of judges in the legal system? 7 points

A
  • they are in charge of trials
  • They keep Order in the court
  • They uphold the law
  • ## They make cases fair
31
Q

What is the role of magistrates in the legal system?

A

magistrate

  • They volunteer
  • They are also legal advisors
  • The role is to deal with minor cases in criminal law
  • Some may deal with civil cases
  • can transfer cases to a higher court
32
Q

What are the roles and functions of legal representation in the legal system?

A
  • They help cases to be fair
  • They provide legal advice
  • They act on behalf of the defendant
  • Solicitors, prepare cases whereas barristers represent the client In court
33
Q

What are the responsibilities and characteristics of the jury in the legal system?

A
  • They look at the evidence
  • They have to be under
  • they come with a verdict
  • The verdict has to Be beyond reasonable doubt
  • They are selected at the Crown Court
  • 12 Are selected
34
Q

What are tribunals?

A
  • Tribunals Are like courts, but are informal
  • The court system has a first tier and upper tier
  • There are around 130 different types of tribunals that deal with over 1 million cases a year
  • They had disputes regarding employment, criminal injury, immigration, provisional and benefits
  • They have limited powers for fines, penalty and compensation
35
Q

What are special constables?

A

People from all background who volunteered to assist the police

36
Q

What are the rights of a citizen during an arrest?

A
  • The police have to tell the defendant why he is being arrested as it violates the right to a fair trial
  • They have the right to tell someone else for 32 reasons
  • To let them know Where are they are?
  • To get an adult present, if under 18
  • They have a right to call a solicitor
    • If they don’t have one, then they will be given one
37
Q

What is the crown court?

A
  • They deal with more serious offences, such as murder, arson or rape
  • They have a jury 12 people who select a verdict
  • The judge does not come with the verdict
38
Q

what are magistrates court?

A
  • They deal with less serious type of offences such as minor assault
  • The magistrate court has three magistrates, which of volunteers and one legal advisor
  • Any appeals to a higher court, which is the Crown Court
39
Q

how does civil county court work?

A

County court:

  • Judge which Comes with a judgement
  • It can be online
  • They can defend themselves, hire a solicitor , barrister or advisor to defend
  • They don’t Lead to punishment usually They Pay compensation
40
Q

What are the different types of civil high courts?

A

Queens bench division:

Family division

Chancery division:

41
Q

what is the family division?

A

It deals with family laws, such as custody of individuals under 18

42
Q

What is the chancery division?

A
  • The Chancery division deals with company law, landlord and patents on mortgages
  • The High Court has civil cases that are too complex for the county court
43
Q

What’s the difference between youth courts and adult court

A
  • When a youth is being arrested, they have a right to be accompanied by a responsible adult
  • If the offender is guilty, but not enough to go to court, they can get a caution warning I need to be assessed by the youth offending team to rehabilitate
44
Q

What is youth court?

A
  • Most cases involving defendants that are from the age 10 to 17
  • The court is a type of magistrate court, in which a judge or three magistrates are there it has no jury
  • The age of offence and previous records are taken into account
  • Cases such as theft, burglary and drug offences are dealt with
45
Q

How does youth sentencing work?

A

sentencing
- The punishment could be community, service fines detention and training
- Prison time is not used which can cause re-offending
- A conditional or absolute discharge may be given, if the arrest or the court experience is considered a punishment

46
Q

how does the court rehabilitate young offender

A
  • Rehabilitate, which means community service, education, and training to help not to re-offend
47
Q

define restorative justice?

A

Restorative justice, such as to give back to society and community service

48
Q

define referral orders

A

Referral orders which means the young person makes up for the damages caused

49
Q

what are the factors for rising crime rates?

A

Poverty, unemployment, social and family, abuse misuse of drugs and alcohol

50
Q

how are crime rates statistics affected?

A
  • Level of accuracy. The home office has a certain rule where only certain criteria is accepted as a crime.
  • More people reporting crimes, which results and higher crime rates, but less real crime
  • Less people reporting some people witness crimes, but don’t report them which affect the crime rates
51
Q

Why do people not report crimes?

A
  • Embarrassed to call
  • They are afraid from vengeance
  • They don’t want stress
  • Lack of trust in the justice system and police
  • Afraid of being on the suspect list
  • Don’t want the offender to get into Trouble
  • Not detecting the crime
52
Q

Why do people reoffend?

A
  • No job or home
  • Fund a drug addiction
  • Learn tricks and trades in jail to commit more crime
  • Maybe institutional or not Familiar to the outside system as they were used to The prison system
53
Q

how do we reduce crime rates?

A
  • Sort out a higher education to teach the young What’s right and what’s wrong?
  • Community policing to Spread awareness about what is happening in the local area
  • Provide counselling for drug addiction to help drug offenders to stop funding the addiction
  • Clubs for young people such as use clubs to make sure younger people don’t get bored into committing crime
54
Q

how can we protect ourselves from crimes?

A
  • Security measures such as ambz CCTV and locking and alerting devices because potential property and people in jeopardy will be alarmed
  • more lighting Such as streetlight, because there is less likely to be crimes, committed within broad daylight
  • Neighbourhood watches, because they are most likely to notice criminals
55
Q

define deference

A

By using deterrence more people offered of the consequences like going to jail or getting a fine this is called deterrence.

56
Q

what powers do judges have?

A

They apply the law made by common law or legislation
They decide on a punishment
They set A Precedent by their interpretation Of a Case

57
Q

what ways have laws altered as a result of changing values in society

A

Values have changed towards marriage and now the
law recognises civil partnerships
* Values have changed towards same sex relationships
with the decriminalisation of homosexuality and the
approval of gay marriage
* Values have changed towards the rights of children
and their voice is given a more concrete legal footing
* Values have changed towards respecting other ethnic
and social groups with the support of protective
legislation
* Values have changed to recognise the equality of
women in the home and in the workplace