Court processes

Question 1

What is Common Law?

Answer 1

Dates back to the Magna Carta. Law applied across whole of the country.

Question 2

What is Statute Law?

Answer 2

Current legal system in England and Wales. Parliament make and amend.

Question 3

What is Case Law ?

Answer 3

Interpretations of the law. Law produced after cases reach court.

Question 4

What are Acts of Parliament ?

Answer 4

Definitions of offences, powers of arrest and penalties.

Question 5

What are Statutory Instruments?

Answer 5

Allow details of an act to be revised without parliament.

Question 6

What are bye-laws ?

Answer 6

Local laws made by local authority. Approved by Secretary of State.

Question 7

What % of cases are dealt with in Crown ?

Answer 7

5%

Question 8

What is a Summary only offence ?

Answer 8

Dealt with in Magistrates.

Question 9

What is a either-way offence ?

Answer 9

Magistrates decide if they can deal with it or if it needs to be sent to Crown.

Question 10

What is an Indictable offence ?

Answer 10

Can only be dealt with in Crown.

Question 11

What are 3 indictable offences ?

Answer 11

Serious assaults, Murder, Sexual assaults.

Question 12

What is Actus Reas?

Answer 12

A persons ACTIONS.

Question 13

What is Mens Rea ?

Answer 13

A persons STATE OF MIND. The degree of Mens Rea can vary.

Question 14

What are Strict Liability offences ?

Answer 14

All that needs to be proven is the guilty act.

Question 15

What is the Burden of Proof ?

Answer 15

Prosecution to prove the guilt of the defendant not on the defendant to prove their innocence. ‘Beyond Reasonable Doubt’

Question 16

What is a Statutory Defence ?

Answer 16

Conditions written in law which, when present, prevents the suspect from being convicted. For example; Self Defence.

Question 17

What are Points to Prove ?

Answer 17

Each offence has a list of points that are needed to be proven for a conviction. Each point to prove has to be present or no conviction.