COURTS, legal - theme C Flashcards
what is legal jurisdiction?
territories which a particular legal system has authority over (e.g UK has 3 different legal system depending on where you are)
define Magistartes court:
who handles it? jury? type of offence?
-all cases start here
-handles summary offences or also either way offences but only minor criminal matters are tried
-no jury
-heard by 2 or 3 magistrates
-no jury
what kind of sentence does a magistrate give?
A COMBINATION:
-up to 6 months ( 12 in total for multiple offences)
-fine up to £5000
-community sentence
who sits in a magistrates court?
-2/3 lay magistrate OR district judge
-legal advisor- make sure law followed, advice magistrate
-defendant
-prosecution and defence lawyers
-probation service
-media
-public
-possible witness
-court usher( escort witnesses)
who sits in a crown court?
-judge
-jury
-count clerk
-defendant
-prosecution and defence advocates
-solicoters
-probation service
-media
-public
-possible witness
-court usher( escort witnesses)
define crown court?
-1/100 cases go here
-criminal cases only INDICTABLE
-has jury
-deals with cases passed from magistrate for trial and sentencing
-what type of sentences can crown court give?
same ad magistrates
-life sentence
Define youth court?
-no jury
-10-17
-special type of magistrate’s court
-MUST BE GUARDIAN if UNDER 16
-indictable cases start in youth court but go to crown court
-NO MEMBERS OF PUBLIC ALLOWED. unless perms granted
what sentences can youth court give?
-community sentences
-detention or training order in secure centres
what’s an ombudsman?
Advantage and dis?
-official appointed to investigate individual’s claim against organisation/company/ gov department for UNFAIRNESS
-A= free of charge D=longer time
what’s a mediator?
benefits
-acting as a go-between between people in a dispute to resolve problem
-cheaper, more flexible then court
tribunals?
set to resolve certain types of disputes, such as unemployment issues
Where is civil court held? how different to criminal?
-county court
-can be held online and typically results in an amount of money being owed
what are mitigating factors?
information or evidence regarding a crime which may result in reduced charges or a lesser sentence.
what are aggravating factors?
circumstance which makes a crime more serious and can lead to more severe sentence.