Basic knowledge of the law

Question 1

Where do British laws come from?

Answer 1

Common/custom law: Dates back to Middle Ages

Precedent/Case Law: Judges use previous cases to determine convictions

Statue Law: Primary legislation (Acts of Parliament) and secondary legislation (statutory instruments) supplement common law

European Union law (European Convention on Human Rights for instance, enshrined into UK law in 2000 by Human Rights Act 1998. Increases EU influence on UK courts)

Question 2

What types of law do we have?

Answer 2

Criminal law: The person accused of the crime (the defendant) is prosecuted, in most cases by the Crown Prosecution Service.

They plead guilty or not guilty and are convicted or acquitted.

Fined/prison/community service.

R v Smith with R standing for Regina or Rex.

Civil law: The person taking action is the claimant and the person they are taking action against (being sued) is the defendant (same term as criminal cases).

Private claims between individuals or organisations.

Monetary damages can be paid.

You are found liable for a civil tort, not guilty

Civil cases are written Brown v Smith and spoken about as Brown and Smith

Question 3

ECHR: ARTICLE 10

Answer 3

“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority”

Question 4

Who does what in courts?

Answer 4

Barrister or counsel: May be junior counsel or a Queen’s Counsel (QC).

QCs are often referred to as ‘silks’.

Their clients are the solicitors who “instruct” them

Solicitors: Advise clients and represent them in civil and criminal courts in every area of law.

Question 5

Charge?

Answer 5

Formal accusation

Question 6

Prosecute?

Answer 6

Police charge minor crimes but CPS prosecute major crimes, usually involving death

Question 7

Claimant?

Answer 7

In Civil law, person who is suing/taking action

Question 8

Defendant?

Answer 8

Civil and criminal law. Person accused of civil or criminal wrongdoing

Question 9

Damages?

Answer 9

Civil law. Amount of money paid by a defendant

Question 10

Tort?

Answer 10

A civil wrong

Question 11

Claim form?

Answer 11

Starts a civil action

Question 12

Injunction?

Answer 12

Court order to stop someone doing something

Question 13

Settlement?

Answer 13

Civil law. When civil case is settled before trial

Question 14

Found or held liable?

Answer 14

Have to pay damages in a civil case

Question 15

Sue

Answer 15

Civil law. Take proceedings against someone

Question 16

What are the different courts?

Answer 16

Magistrates: For criminal cases (max 6 months prison for one offence).’Lay magistrates’ are members of public employed by MoJ. District judges too who sit alone.

3 types of criminal case:

Indictable only: Most serious charges triable only by a Crown court jury e.g. murder, rape, robbery.

Defendants appear at a magistrates’ court then case is sent to a Crown court ‘for trial’, although if the defendant pleads guilty at Crown court there will not be a trial. If there is a Crown court trial, a jury there will decide the verdict. If the defendant is convicted, a judge there will sentence her or him.

Either-way: Include theft and sexual assault. Defendant makes preliminary appearance in a magistrates’ court, where can choose to be tried at Crown court (by a jury), or ask to be dealt with by the magistrates’ court. If magistrates’ court, that court may agree to deal with it (by sentencing relatively quickly a defendant who pleads guilty, or by trying the case) but may rule the case must be dealt with by the Crown court, if the magistrates’ court considers it does not have sufficient power to punish the defendant who pleads guilty, or in the event of a conviction in a trial.

Summary: Minor offences, which can only be dealt with by magistrates e.g. drunkenness and most motoring offences.

Reporters restricted from reporting from magistrates contemporaneously due to jury involvement.

Question 17

What does the Crown Court do?

Answer 17

Crown Court: For more serious cases. Verdict decided by jury and defendant is sentenced by a judge.

3 main functions:

Try indictable-only and either-way offences sent to them by the magistrates’ court (jury trial)

Sentence cases sent from a magistrates’ court (no jury is involved in sentencing, because the judge will sentence)

Hear appeals from magistrates’ courts against convictions or against the severity of the sentence imposed

Question 18

What other courts are there?

Answer 18

Youth courts: For juvenile defendants. If they’ve committed a more serious crime they go to Crown Court.

A young defendant co-accused of a crime with an adult may be tried in magistrates.

High Court: deals with appeals. Serious/complex civil cases go here, usually tried by jury if involves fraud or false imprisonment. Defamation cases go here. Appeals against sentence or conviction by a Crown court are heard by the Court of Appeal

County Court: Most civil cases go to County Court, such as debt recovery, breach of contract, negligence, bankruptcy, divorce and care proceedings.

Supreme Court: The ultimate court of appeal, for both criminal and civil cases.

Question 19

What are the different high offices in law?

Answer 19

Head of judiciary: Lord Chief Justice

Government legal advice: Attorney General who states the gov’s position on legal issues.