Basic Principles of Law Flashcards
What are the 3 categories of offences?
Indictable-only, Either-way, Summary
What is an indictable-only offence?
The most serious crimes punishable by the longest prison terms e.g. murder, rape, robbery. CROWN COURT.
What is an either-way offence?
An offence that could be dealt with either at a Crown court or magistrates.
What is a summary offence?
Minor offences e.g. common assault. Take place in magistrates
What are the 2 elements to defining criminality?
Actus reus
Mens rea
What is the actus reus?
an which is potentially criminal
What is mens rea?
The criminal act was planned or with guilty intention
What are the 2 basic divisions of law?
Criminal law- contempt. Offences that harm the whole community. CROWN
Civil law- defamation. disputes between individuals or organisations
What are the 2 types of lawyers?
Solicitors- deal directly with client. prepare cases for barrister
Barristers- known collectively as counsel
Open justice vs?
Presumption of innocence
Right to a fair trial
What are the sources of law?
Custom- traditions
Precedent- the judicial process of courts
Statutes- Acts of parliament
European regulations- EU law
What are the key articles of the European Convention on Human Rights?
Article 6- right to a fair trial
Article 8- right to privacy
Human Rights Act 1998 put the convention into UK law
what is a tort?
a civil wrong doing e.g. defamation
What are the different types of court?
Criminal courts
Civil courts
Supreme court
Coroner’s court
What courts are criminal courts?
Magistrates court, youth court, crown court, court of appeal, supreme court
What are the civil courts?
Magistrates court, county courts, high court, court of appeal, supreme court
Magistrates court
no jury
limited sentencing powers- 6 months max for single offence or a fine
Reporting restrictions apply in preliminary hearings
Youth courts
Similar procedures to a magistrates court
Less formal setting
Juveniles are not jailed they are detained
Crown court
Juries decide verdicts in trials, judges decide sentence
County court
Deal with most civil cases
High court
CRIMINAL: Appeals from magistrates and youth courts
CIVIL: deals with most complex or serious civil cases e.g. defamation
Supreme court
Deal with civil and criminal
Appeals
- Each court can appeal
- it goes up in ranking
What does charge mean?
formally accuse (someone) of something, especially an offence under law.
what does prosecute mean?
to bring legal action against for redress or punishment of a crime or violation of law
what is a claim form?
the document used to start proceedings and contains information relevant to the proceedings
