Basic Principles of Law

Question 1

What are the 3 categories of offences?

Answer 1

Indictable-only, Either-way, Summary

Question 2

What is an indictable-only offence?

Answer 2

The most serious crimes punishable by the longest prison terms e.g. murder, rape, robbery. CROWN COURT.

Question 3

What is an either-way offence?

Answer 3

An offence that could be dealt with either at a Crown court or magistrates.

Question 4

What is a summary offence?

Answer 4

Minor offences e.g. common assault. Take place in magistrates

Question 5

What are the 2 elements to defining criminality?

Answer 5

Actus reus

Mens rea

Question 6

What is the actus reus?

Answer 6

an which is potentially criminal

Question 7

What is mens rea?

Answer 7

The criminal act was planned or with guilty intention

Question 8

What are the 2 basic divisions of law?

Answer 8

Criminal law- contempt. Offences that harm the whole community. CROWN
Civil law- defamation. disputes between individuals or organisations

Question 9

What are the 2 types of lawyers?

Answer 9

Solicitors- deal directly with client. prepare cases for barrister
Barristers- known collectively as counsel

Question 10

Open justice vs?

Answer 10

Presumption of innocence

Right to a fair trial

Question 11

What are the sources of law?

Answer 11

Custom- traditions
Precedent- the judicial process of courts
Statutes- Acts of parliament
European regulations- EU law

Question 12

What are the key articles of the European Convention on Human Rights?

Answer 12

Article 6- right to a fair trial
Article 8- right to privacy
Human Rights Act 1998 put the convention into UK law

Question 13

what is a tort?

Answer 13

a civil wrong doing e.g. defamation

Question 14

What are the different types of court?

Answer 14

Criminal courts
Civil courts
Supreme court
Coroner’s court

Question 15

What courts are criminal courts?

Answer 15

Magistrates court, youth court, crown court, court of appeal, supreme court

Question 16

What are the civil courts?

Answer 16

Magistrates court, county courts, high court, court of appeal, supreme court

Question 17

Magistrates court

Answer 17

no jury
limited sentencing powers- 6 months max for single offence or a fine
Reporting restrictions apply in preliminary hearings

Question 18

Youth courts

Answer 18

Similar procedures to a magistrates court
Less formal setting
Juveniles are not jailed they are detained

Question 19

Crown court

Answer 19

Juries decide verdicts in trials, judges decide sentence

Question 20

County court

Answer 20

Deal with most civil cases

Question 21

High court

Answer 21

CRIMINAL: Appeals from magistrates and youth courts
CIVIL: deals with most complex or serious civil cases e.g. defamation

Question 22

Supreme court

Answer 22

Deal with civil and criminal

Question 23

Appeals

Answer 23

• Each court can appeal

- it goes up in ranking

Question 24

What does charge mean?

Answer 24

formally accuse (someone) of something, especially an offence under law.

Question 25

what does prosecute mean?

Answer 25

to bring legal action against for redress or punishment of a crime or violation of law

Question 26

what is a claim form?

Answer 26

the document used to start proceedings and contains information relevant to the proceedings