Courts & Trials Flashcards

Question

What is an adversarial process?

Answer 1

The process is not intended to find the truth, but to test the strength of the case against the accused

Answer 2

It is responsible for: policy in relation to the criminal, civil, family, and administrative justice system, sentencing policy, probation and prisons, the courts and tribunals, legal aid, constitutional reform, and it sponsors the Law Commission, and supports the judiciary,

Answer 3

To review the law, the codification of English law, the elimination of legal anomalies, the repeat of obsolete and unnecessary law, reducing the number of separate enactments, simplifying and modernising the law

Answer 4

King's Bench Division, Chancery Division, Family Division

Answer 5

When either party is dissatisfied on a point of law with a decision from the Crown Court, the Crown Court may 'state a case' for the opinion of the Queen's Bench

Answer 6

i) the rule against bias ('no man may be a judge in his own case'), ii) audi alteram partem (hear the other side)

Answer 7

i) mandamus, ii) prohibition, iii) certiorari

Answer 8

an order from the King's Bench commanding a person or body to perform a duty imposed by common law or statute

Answer 9

an order from the King's Bench to prohibit an inferior court or tribunal from continuing to exceed, or threatening to exceed, its jurisdiction

Answer 10

an order removing the decision of an inferior judicial body into the King's Bench Division to have its legality inquired into

Answer 11

i) secure an impartial trial, ii) review an excess of jurisdiction, iii) challenge an ultra vires act, iv) to quash a judicial decision made contrary to natural justice, v) correct errors of law on the face of the record

Answer 12

i) decisions are quick; ii) procedure is cheap; iii) informal atmosphere suits litigants; iv) wide discretionary power; v) often staffed by experts; vi) ensure efficient administration of statute policy

Answer 13

i) held in private and lack publicity; ii) parties may be prohibited from being represented by lawyers; iii) ratio decidendi isn't always published; iv) experts cannot always be impartial; v) sometimes include civil servants from the Ministry directly involved, who cannot be impartial; vi) rights of appeal can be limited; vii) wide discretion can make decisions inconsistent and unpredictable

Answer 14

social security, industrial injuries, employment, rent, domestic (trade unions, solicitors, doctors and other medical practitioners)

Answer 15

to search for and give effect to the intention of Parliament

Answer 16

Because the Privy Council hears appeals from dominions outside the UK, where the law may be different to English law

Courts & Trials Flashcards

Courts, Trials, Judicial Precedent