Criminal courts + Appeals Flashcards
What are the different courts in the UK’s legal system ?
Magistrate
Crown court
Court of appeal
Supreme Court
The European Court of human rights
What is a prosecutor ?
In a criminal trial this is the crown or the person trying to accuse the defendant
What is a defendant ?
The person being accused
Define claimant
The person who makes a claim and brings it to court
What is a respondent ?
Someone who responds to the claim made against them
What does “beyond all reasonable doubt” mean ?
When a jury is 100% sure of someone’s guilt or innocence
What is it called when someone is trying to convince the jury ?
The burden of proof
In a civil case what are the outcomes ?
Liable or not liable
What is the next course of action for someone unhappy with a courts decision?
They can appeal the trial
How is a new law made ?
They are written up in parliament
Passed through the houses of lords and commons
Revive royal accent from the monarch
What is the end decision of a court trial called ?
A judgement
What is parliamentary supremacy ?
Parliaments supreme power to create, amend and remove laws
What are the two types of personnel in court ?
Legal personnel
Lay personnel
Which court does every criminal case go to ?
The magistrate court
Who has more rights to an appeal ?
The defendant
What does the 1995 criminal appeal act states ?
The court can allow an appeal if they think the conviction is unsafe
What does it mean to sue ?
Taking civil legal proceedings against a defendant
What does it mean to be liable ?
To be held legally responsible for a breach of the civil law
What does quash mean ?
To overturn (usually a conviction)
Under what circumstances can an appeal be launched ?
If the law has been applied incorrectly (A point of law)
If new evidence has been brought forward
If the court deems the conviction to be unsafe
What does triable-either-way mean ?
An offence that can be tried in the magistrates or crown court
What are summary offences ?
Violation of common law
What is an Acquittal ?
Certification that the accused is free from the charge of an offence
