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A-level Law 👩🏿‍⚖️ > Criminal Courts And Lay People > Flashcards

Criminal Courts And Lay People Flashcards

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1
Q

What is another influence on Parliament except for the interest course group?

A

E-petitions 

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2
Q

What are E-petitions ?

A

Where are you collecting signatures to support the cause

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3
Q

How do e- petitions work?

A

10,000 signatures into response from Parliament

100,000 signatures it debated in parliament 

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4
Q

What are the pros and cons of e - petitions 

A

Pros- get full disclosure of Hillsborough documents

Cons-

to revoke article 50 stop Brexit not giving much time bring back

Clarkson 1 million hundred thousand signatures but could use for the wrong purpose or persons

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5
Q

Give an Example of a e-petition that got a response from Parliament

A

The reverse of TAGS in 2019

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6
Q

What is the fourth biggest influence on Parliament?

A

The media

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7
Q

What is the media?

A

TV
Newspapers
radio

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8
Q

How Does the media influence parliament ?

A

They broadcast stories and ask constant questions giving you exposure

Media can bring you attention to key issue and run a campaign more politicians have to react

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9
Q

You can example of an act that was passed due to media what was wrong?

A

Dangerous dogs act 1994 response to media pressure for 4 dangerous breed to be responsible for dog attack

dog breeding made illegal

passed act quickly thousands but thousands of court cases due to bad wording 

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10
Q

What is the expenses scandal?

A

Claiming for expenses be

one entitled to major review of expenses changed rules some politicians sent to prison 

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11
Q

What are some examples of the media influencing Parliament ?

A

Stephen Lawrence- police failed to look at the evidence and follow procedures due to institutional racism

Stephen Lawrence enquiry letting them back persons report

Lots of media pressure - met Mandela- drama series

Paper accused suspects 

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12
Q

What are the 2!changes made due to the macpherson report?

A

Race relation ammendements act 2000

Double jeopardy- police standers - could only be tried once - scraped

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13
Q

What law was introduced after Sarah Payne murder?

A

Sarah’s law

media campaign - allowed individuals to ask for details of known sex offenders in area

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14
Q

What are the three ways of judicial control?

A

Procedural UV

Substantive UV

Unreasonableness

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15
Q

What is Procedural UV? Case?

A

Delegate law makers haven’t followed the process gone beyond the powers set up by the enabling act

Aylesbury mushroom 🍄 case

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16
Q

What is substantive UV? 2 Cases?

A

You don’t listen about what laws you’re allowed to make properly
And go and get the enabling act

Excise V cure and Deeley
R v Home Secretary

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17
Q

What is unreasonableness ? Case?

A

It’s not unreasonable that No reasonable person would make such a law and grounds deemed as void and quashed 

Roger V swindon NHS trust

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18
Q

What does ultra vires mean?

A

It’s gone beyond the powers of the enabling or parent act

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19
Q

What is stare decisis ?

A

Let the decision stand - judge has to follow earlier case

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20
Q

What is the hierarchy of types of courts for civil?

A

Supreme Court

Court of appeal

High court

County court

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21
Q

Explain the heirachy of criminal court?

A

Supreme Court

Courts of appeals

High court

Crown court

Magistrates

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22
Q

Explain how an appeal goes through civil courts

A

Goes from the county courts to the High Court to the court of appeal to the Supreme Court

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23
Q

What can the an appeal be on?

A

Fact or law

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24
Q

What does an appeal on fact mean?

A

Means that the parties are is unhappy with the verdict , sentence or damages

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25
Q

What does an appeal on law mean?

A

The certain law that has been broken needs to be defined

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26
Q

What do you have to do to a case for it to go to the Supreme Court? (civil)

A

Have to appeal it three times

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27
Q

What is the ratio Decidendi ?

A

Reason for the outcome or decision which must be followed as it is binding

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28
Q

How many times Can you only appeal on fact?

A

Once

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29
Q

Explain where the 2 ways an appeal goes to in Criminal courts.

A



Fact -
court of appeal (fact or law)

crown ->fact or law

Magistrates

Law

Supreme Court
Court of Appeal
High court - kings bench division
magistrates

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30
Q

What is high court?

A

Kings bench division

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31
Q

What does the Court of Appeal do?

A

Set up laws to follow and decide what laws had been broken

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32
Q

Why do we have to have a court hierarchy?

A

To set higher precedent for lower courts to follow

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33
Q

what is the Donoghue v Stevenson case and outcome and the ratio decidendi?

A

donoghue drank fermented snails - ill
No contact of manufacturer - friend bought drink

So… outcome -Created law of negligence

ratio consumer needs protection

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34
Q

What was the DPP V Smith case and what was the out come and ratio Decidendi ?

A

Ex-boyfriend cut women’s hair in spite

outcome- GBH (actual bodily harm )

ratio - hair is part of the body

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35
Q

What was the R v Brown case and what was the outcome and ratio Decidendi?

A

Five males doing inappropriate acts in public loos -

outcome - GBH (pleasure through pain)

Ratio- homosexual sadomasochism-But outside public domain (outside of the public would accept)

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36
Q

What is Obiter Dicta ?

A

Other things said by the way

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37
Q

What was obiter dicta used for ?

Why was there no need for this

A

It could be used to speculate an outcome if fact are difference

May persuade the precedent can be used to persuade others

no need to follow as it would lead to further complication 

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38
Q

How did obiter dicta change the outcome of the R v brown case ?

A

If it had been branding or tattooing it would allow consent



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39
Q

what did obiter dicta do to the R v Wilson?

A

Husband wanted to brand initials on the woman’s backside

but it got infected so we went to the hospital and the hospital

They were concerned so It was taking up to authorities

and they were charged with GBH

How ever there was consent which allowed for the branding

so case was dismissed

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40
Q

What is the only reason an case appeal can go to the supreme court?

A

If it’s a law reason

Fact?- just go to court of appeal for the law that was broken to be stated

41
Q

Why are there are problems concerning what an act means ?

A

Such a broad term

new developments

drafting error

changes in use of language

42
Q

How would we having such a broad term for an act be an issue?

A

It may cover more situations that may have not been intended

43
Q

How would new developments be an issue for an act ?

A

An old act of parliament doesn’t cover present day situations

44
Q

How would a drafting error be an issue for an act?

A

Those drafting the bill mayhave made an error not notice by Parliament

45
Q

What would changes in the use of language cause issues for an act?

A

Meaning of words can change over time

46
Q

What is Ejusdem generis?

A

general word that follow specific wording that are limited to the same kind

Re stock pot
Eg .tea coffee and other hot drinks - latte

47
Q

What is expression Unius execution alterius?

A

the expression meaning of one thing implies the exclusion of others

(Inhabitants of Sedgley)

48
Q

What is Noscitur a sociis?

A

the word draws meaning from the words around it

  • Inland revenue commissions v Frere
49
Q

What is Maxim ?

A

You must come to tort with clean hands - cannot come to tort if committed criminal offence 

50
Q

What are the positives of the judiciary (Eval)

A

Pay gap is reducing

there is more women

Major reform on the constitutional reform is more modern

training has improved

Robust and provides more choice

Process is independent from government interference

New route - professions SQE- more individuals from state schools will be open to professions 

51
Q

What are the negatives of the judiciary?

A

Training may not be sufficient

best lawyers do not apply

No experts in the field of expertise

Not representative of the UK 🇬🇧

Barristers May apply instead trying to open up to solicitors exclusive to enter


52
Q

What are the statistics within evaluation of the judiciary
for Asian background, BME and women within High Court? 

A

Only 5% from Asian background

BME (Low) in senior appointments

29% in High Court lower representation of women

53
Q

What is the process of the judiciary?

A
  1. Qualifications - dependent on role
  2. Selections
  3. Qualities and abilities
  4. Process
54
Q

What does the first stage of The process of the judiciary 👩🏿‍⚖️ show ?

What is it Set out in?

A

Qualifications

Courts and legal services act - amended by the tribunal court enforcement act -

Based on legal qualifications - Whether you are dependent on role and years of experience eg 7 years of experience

55
Q

What is the selection in the process of the judiciary based on? what act ?

A

Within the constitutional reform act - Judicial appointments deal with this. - Merit, character and diversity whether you’re a woman or BME

LC Is involved for appointments of higher courts
Lord Chief Justice - Lower
made by 15 commissioners- JAC More independent from Lord Chancellor

56
Q

who does the second stage of the process of the judiciary ?

A

judicial appointment commissions

JAC

57
Q

What are their several versions of? (The process of the judiciary)

A

Qualities and abilities

58
Q

what is used within the process?  (The process of the judiciary)

A

Application form

59
Q

what is the process of the last stage of the process of the judiciary? 

A

qualifying test
Then shortlist then section day- Then you have a statutory consultation- interviewed

JAC - selects - recommended for lord chancellor for appointment

60
Q

What is the importance of judicial independence? What does it
Link with ?

A

Links with doctrine of separation of powers

61
Q

What does the importance of judicial independence ensure?

A

Ensures law is impartially and consistently implemented

62
Q

What kind of rights does the importance of judicial independence give ?

A

Gives rise to human rights ensures equality 🟰 under law 

63
Q

What does the importance of judicial independence give and help with?

A

Gives public confidence
CRA makes judges independent

64
Q

what can judge make under the importance of judicial independence?

What does Professor Griffiths say? 

A

Judges can make decisions that displease the government guaranteed of under CRA S.3

Professor Griffiths said Politics of the judiciary - that judges a pro- establishment

65
Q

What are the two examples of cases of judges being independent?

A

Q V SS home department

A v SS home department

66
Q

What are the positives of Ejusdem Generis? 

A

No need for Draftsman to write a list of everything included no need to foresee new circumstance

Act can cover new situations

That can adapt to changes to society

67
Q

What are the negatives of Ejusdem Generis? 

A

Laws are not always predictable leads to unjust decisions- liberty 🗽 dependant

Allows judicial law making - separation of powers? ❌

(Kingsington V Kihara )

68
Q

What are the advantages of exclusio alterius?

A

Advantages - makes outcome of case more predictable

Allows judges to apply Law respect separation of powers

Lawyers can advise clients more easily

69
Q

What are the negatives of exclusion alterius ?

A

Cannot adapt to unforeseen circumstances
Rigid and unfair can lead to unjust decisions

70
Q

What are the advantages of Noscitur a sociis? 

A

No need for Draftsman is to write up a list

can adapt to unforeseen circumstances

71
Q

What are the negatives of Nositur a Sociis? 

A

Outcomes can be unclear

up to judge to decide disregard separation of powers

72
Q

What is the judiciary selection and appointments under? ( 8 marker )

A

The constitutional reform act 2005 separate judges from parliament

73
Q

What was The Judiciary selection and appointments carried out by? 

A

Lord Chancellor

74
Q

What was the the selection of appointments of the judiciary created by? (8)

A

Judicial appointments committee (JAC)

75
Q

What are the selections solely judged on ?(eight marker judiciary section and appointments )

A

Solely on merit

76
Q

What do you do in selections?  (eight marker judiciary section and appointments )

A

Apply for a role the

interviews are carried out by judicial appointments committee - based on merit and diversity of judiciary

77
Q

What do you do after applying and the interviews? (eight marker judiciary section and appointments ) what must the LC do ?

A

Judges and recommend to lord Chancellor- Must provide authority and rejected twice

78
Q

How much experience do you need as a solicitor/barrister?  (eight marker judiciary section and appointments )

A

5 to 7 years

79
Q

What happens after you have years of experience? (eight marker judiciary section and appointments )

A

Lord justice of appeal- records

consult Lord chief justice-

Then the judiciary appointments committee recommends to Lord Chancellor

80
Q

What is the process of the lord justice of appeal similar to?

A

Similar to the Supreme Court that does recommendations of the prime minister

81
Q

Who is responsible for training ?(Training judiciary 8 marker)

A

JSB - judiciary studies board

82
Q

Who does stage JSB work with ? (Training judiciary 8 marker)

A

Work with judiciary college

83
Q

What is the first training ? (Training judiciary 8 marker) how long ?

A

Initial training - 4-5 days

84
Q

What do they do in initial training ?

A

Sit with judges in court - visit prisons and role play - probation services

85
Q

What is after Initial training?

A

Annual training

86
Q

What is in annual training?

A

Training days

87
Q

When are the training days within annual training?

A

Every three years

88
Q

What is maybe have a refresher of within annual training? (Training of the judiciary eight marker) what do they do

A

Refresher seminar- Have a humans awareness course and discrimination course

89
Q

Who attends the seminars?  (Training of the judiciary eight marker)

A

Senior judges 

90
Q

What is prospectus?  attend seminars

A

Sign up for additional training

91
Q

What is the role the judiciary in civil courts?

A

Read case and manage case from start to finish

92
Q

what do the judiciary recommend in civil courts

A

ADR- Cooporation

93
Q

what do judiciary in civil courts allocate a case too?

A

To a track
Small- 10,000
Fast 💨 10,000 to 25,000
Multi 25,000 or complex

94
Q

what else would the judiciary allocate the case to in a civil court?

A

A Newton hearing- no need for court if facts are agreed or liability is agreed

95
Q

What do the judiciary do in the civil court after a Newton hearing or a case has been allocated to a track ? Why is it good ?

A

Set a date

is good for both sides because it prevents it from being unfair

Allows judiciary to decide on the remedy - compensation or injunction prohibited 🚫 or mandatory

managing witnesses or evidence

Allows them to decide on the cost loser pays judge 👩🏿‍⚖️ has discretion

judge needs to authorise any appeal to 28 days days

96
Q

How many days can an appeal in fact tend to last for?

A

28 days of previous Decision 

97
Q

What does the Supreme Court have?

A

higher threshold

98
Q

What do appeals depend on?

A

Here the case starts and track is allocated

A-level Law 👩🏿‍⚖️ (15 decks)

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