Basic Law - week 1 - extras

Question 1

Theft

Answer 1

is dishonest appropriation of property,
Belonging to another person,
With the intention of permanently depriving the other person of it (either way)

Question 2

Robbery

Answer 2

is theft by force or by threat of force (indictable only)

Question 3

Burglary

Answer 3

is entering a building as a trespasser
And stealing or attempting to steal therein
Or inflicting or attempting to inflict grievous bodily harm (GBH)
to someone inside the building

Question 4

Blackmail

Answer 4

Making an unwarranted demand with menaces with a view to gain (indictable only)

Question 5

Fraud

Answer 5

a dishonest making of a false representation’ (for example, using a credit card dishonestly, or using a false identity to open a bank account). (indictable only)

Question 6

Handling

Answer 6

dishonestly receiving goods, knowing or believing them to be stolen or dishonestly helping in the retention, disposal or sale of such goods. (either-way)

Question 7

Aggravated burglary

Answer 7

burglary while armed with a firearm, imitation firearm or any other weapon or explosive (indictable-only)

Question 8

Wasting police time

Answer 8

a person knowingly making a false report that a crime has occoured or falsely claiming to have information material to an investigation (summary)

Question 9

Perverting the course of justice

Answer 9

concealing evidence, or giving false information to the police (indictable only)

Question 10

Perjury

Answer 10

knowingly giving false evidence after taking an oath as a witness to tell the truh in court (indictable only)

Question 11

Suspended sentence

Answer 11

the defendant is warned what specific length of prison term he/she faces
but this punishment will not be put into effect by the court
unless the defendant commits a further offence,
for which a jail sentence could be imposed,
within the period in which the first sentence is suspended.

Question 12

Conditional discharge

Answer 12

This type of discharge means that the defendant
does not face any immediate punishment, and no future punishment (e.g. jail or a fine) is specified, but the defendant is warned that if he/she is convicted of any further offence within the period laid down by the court,
he/she is liable, when facing court for the subsequent offence, to face punishment for both the original and the subsequent offence

Question 13

Absolute discharge

Answer 13

the court does not consider that any punishment is appropriate, given the circumstances.

Question 14

Consecutive sentence

Answer 14

4+2+4=10

Question 15

Tort

Answer 15

a civil wrong for which monetary damages can be awarded

Question 16

Injunction

Answer 16

an order made by a court/judge compelling a person/organisation to do something or stop doing something

Question 17

Settlement

Answer 17

when the parties (defendant and claimant) in a civil case agree not to proceed with the case, and often involving an agreed sum of money being paid by one of the parties to the other (usually by the defendant to the claimant

Question 18

Surety

Answer 18

A person who guarantees that the defendant will answer bail.
If the defendant jumps bail, the surety may have to forfeit a sum of money previously fixed by the court as part of the guarantee.
If ordered to pay the money to the court, the surety could be jailed if he/she fails to do this.

Question 19

An indictment

Answer 19

the document at Crown court which contains the charge(s)/ count(s) faced by the defendant

Question 20

Mitigation

Answer 20

information given to a court about a convicted defendant, either by the defendant or his/her lawyer, when asking for leniency in the sentence to be applied is

Question 21

Claim form

Answer 21

previously known as a writ, a document that begins many forms of civil actions

Question 22

Counsel

Answer 22

Barrister (singular or plural)

Question 23

Charge

Answer 23

a formal accusation, giving the alleged offender basic details of the crime allegedly committed. It means the case will be prosecuted and will got to court.

Question 24

Prosecute

Answer 24

In criminal courts a defendant is prosecuted (opposed to sued).

Question 25

To sue

Answer 25

In civil cases a claimant sues a defendant or respondent who admits or denies liability (opposed to guilt) and is found not liable or liable and, if liable, ordered to pay damages

Question 26

Solicitor

Answer 26

Solicitors deal directly with the client. They advise, prepare the client’s case and take advice, when necessary, from a barrister specialising in a particular area of the law

Question 27

Barristers

Answer 27

know singularly or collectively as ‘counsel’. They wear a wig and gown in the higher courts, the crown courts and country courts but not in magistrates courts. Barristers who have been practising for more than ten years may apply to the Lord Chancellor for appointment as a Queen’s Counsel (QC).

Question 28

Head of the judiciary

Answer 28

Lord Chief Justice

Question 29

Damages

Answer 29

a sum of money awarded as compensation

Question 30

Found liable/admitted liability

Answer 30

found guilty but in a civil case/admitted guilty

Question 31

Community order

Answer 31

community service, follow a curfew, treatment for drug addiction. PRISON WOULD OTHERWISE BE APPROPRIATE

Question 32

the main civil courts

Answer 32

county courts and the high court

Question 33

examples of torts

Answer 33

copyright infringement, breaches of contract

Question 34

Most likely to use a jury in a civil court for

Answer 34

fraud/false imprisonment

Question 35

Acceptable ratios in jury votes

Answer 35

11-1 10-2

Question 36

Types of crown court judges

Answer 36

High Court Judges: can sit in high court and crown courts. Referred to as Mr Justice Smith or Mrs Justice Smith. Only they can try the most serious offences such as murder because they’re most experienced.

Circuit Judges: referred to as Judge John Smith. They are barristers of at least ten years’ standing or solicitors who have been Recorders.

Recorders: part-time judges. Barristers or solicitors who have held ‘right of audience’ (that is the right to represent clients) at Crown court. Recorders are usually referred to as the Recorder, Mr John Smith.

Question 37

To take silk

Answer 37

Become Queen’s counsel

Question 38

two branches of legal profession

Answer 38

barrister and solicitor

Question 39

What title (name) is held by the “law officer” whose duties include giving advice to the government on legal matters?

Answer 39

Attorney General

Question 40

cases to be taken into consideration.

Answer 40

ones which are
not on the charge sheet but which the defendant has admitted during recent
co-operation with the authorities.

Question 41

indictment

Answer 41

written statement of the charge put to the defendant at crown court

Question 42

treasure

Answer 42

at least 10% silver or gold | at least 300 years old

Question 43

community punishment

Answer 43

carry out unpaid work in the community under the supervision of a probation officer