Chapter 2: How the legal systems differ within the UK Flashcards
In Scotland, how many levels of courts are there?
In Scotland, there are 4 levels of courts:
- Justices of the peace
- Sheriff and summary
- Sheriff and jury
- The High Court
In Scotland, the first court level is Justices of the peace.
Justices of the peace act in a similar fashion to the what system in England and Wales?
Justices of the peace act in a similar fashion to the Magistrates’ Court system in:
- England
- Wales
In Scotland, the second court level is Sheriff and summary.
In Sheriff and summary, the sheriff (judge) does what?
In Sheriff and summary, the sheriff (judge) determines: 1. Guilt Or, 2. Innocence ,as well as presiding over the trial
In Scotland, the third court level is Sheriff and jury.
In Sheriff and jury, cases are heard by who?
In Sheriff and jury, cases are heard by:
- The sheriff (judge)
- A jury of 15 jurors (members of the public)
In Scotland, the fourth court level is the High Court.
The High Court deals with what?
The High Court deals with the most serious cases
In civil law, who is the case brought by?
In civil law, the case is brought by: 1. An individual 2. Group Or, 3. Organisation
In criminal law, who is the case brought by?
In criminal law, the case is brought by the CPS on behalf of the state
In civil law, what is the decision?
In civil law, the decision is the defendant found: 1. Liable Or, 2. Not liable in regard to the issue
In criminal law, what is the decision?
In criminal law, the decision is the defendant is:
1. Convicted if guilty
Or,
2. Acquitted if not guilty
Acquitted
Acquitted is to free (someone) from a criminal charge by a verdict of not guilty
In civil law, what is the proof required?
In civil law, the proof required is preponderance of evidence
In criminal law, what is the proof required?
In criminal law, the proof required is beyond reasonable doubt
In civil law, what is the burden of proof?
In civil law, the burden of proof is that the claimant must give proof of the claim
In criminal law, what is the burden of proof?
In criminal law, the burden of proof is that the accused is innocent until proven guilty
In civil law, what is the punishment?
In civil law, the punishment is: 1. Damages 2. Compensation Or, 2. An injunction
An injunction
An injunction is an order to stop taking an action
In criminal law, what is the punishment if found guilty?
In criminal law, the punishment is a: 1. Non-custodial Or, 2. Custodial sentence if found guilty
In civil law, describe appeals
In civil law, either party can appeal a court’s decision