Criminal Courts and Lay People Flashcards
In the 17th Century, how did John Austin define law?
“A command issued from a superior to an inferior and enforced by sanctions.”
What is wrong with John Austin’s definition of law?
It is outdated, it demonstrates a broken view bias and also does not allow for the fact that punishment isn’t always the option, there are things like rehabilitation and help services present in modern day.
What are some ways that morality, law and justice overlap?
Same sex relationships became legal under the Equality Act 2010.
Same sex marriages became legal under the Same Sex Relationships Act 2013.
The declaration of Independence 1776.
Trial by ones peers.
Innocent until proven guilty.
Common law through judges and Statute law by Parliament.
The abolishment of capital punishment 1967.
What is a summary offence?
Minor criminal offences tried only in the Magistrates’ Court. For example, petty theft.
What is a triable-either-way offence?
a mid level offence tried either in the Magistrates’ court if they accept jurisdiction, or the Crown Court if the case is complex and requires legally qualified expertise. For example ABH.
What is an indictable offence?
Serious criminal offences only heard in the Crown Court (after the preliminary hearing in the Magistrates’). For example, murder.
What type of constitution does the UK have?
unwritten constitution meaning there is no single written document that sets out the rights of individuals and how the Government should act.
What are the two sources of UK law?
Statutes which are written laws, and constitutional conventions which are unwritten laws.
Who is the supreme law making body in the UK?
Parliament in Westminster, devolved power from the monarch
What type of legal system does England and Wales have?
Common law legal system meaning that it is created by judges in court who can update laws as they see fit.
which court is the final Court of Appeal in the UK?
The Supreme Court
What type of Court is the Court of Appeal?
it is an appellate court and is divided into the civil and criminal division.
What type of cases does the High Court listen to?
More serious and complex civil cases.
How many County Courts are there and what cases can be heard there?
160 County Courts and they deal with civil cases. The County Court hears money claims up to the value of £100,000 and damages on personal injury claims up to the value of £50,000.
What does the term ‘ratio’ mean?
The reasoning behind the decision.
What does the ‘ratio’ of a case do?
Brings judgement to a case.
