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law paper 1 > criminal law > Flashcards

criminal law Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

defendant

A

the person being accused of doing something wrong

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2
Q

verdict

A

the decision of a case

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3
Q

burden of proof

A

the person who needs to prove the case

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4
Q

standard of proof

A

how much proof needs to be provided to win the case.

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5
Q

offence

A

another word for crime

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6
Q

charge

A

when the police accuses someone of committing a crime

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7
Q

crown prosecution service

A

the group who decides if a charge should be brought

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8
Q

bail

A

being given freedom between the time you get charged and the trial

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9
Q

remand

A

staying in custody between the time you are charged and the trial

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10
Q

convicted

A

the verdict when found guilty

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11
Q

acquitted

A

the verdict when found not guilty

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12
Q

sentence

A

the punishment given after a conviction

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13
Q

magistrates

A

the three people who decide the verdict and the sentence in the magastrates court

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14
Q

jury

A

the 12 people who decide the verdict in the crown court

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15
Q

judge

A

the person who advises the jury and decides a sentence in the crown court

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16
Q

prosecution

A

the person providing the case against the defendant

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17
Q

victim

A

the person who was allegedly wronged

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18
Q

how its written

A

R v Defendant

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19
Q

purpose of criminal law

A

to keep order in society

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20
Q

person starting the case in criminal law

A

crown prosecution service

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21
Q

courts hearing cases in criminal law

A

depends how serious the crime is but magistrates court and crown court

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22
Q

what is the limit sentence a magistrates can give

A

1 year in jail then it goes to the crown court

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23
Q

who has the burden of proof in criminal law

A

the prosecution

24
Q

what is the standard of proof in criminal law

A

the kind and amount of proof needed to show the defendant is guilty beyond reasonable doubt

25
Q

what does beyond reasonable doubt mean

A

any doubt= cant be convicted

26
Q

who decides the verdict in criminal law

A

magistrates in a magistrates court and judge/ jury in the crown court

27
Q

what are the verdicts in criminal law

A

guilty= pass a sentence
not guilty= acquitted of charge

28
Q

what are the powers of the court

A

can prosecute the defendant .

29
Q

what is the rule of law

A

no one is above the law, it applies to all people equally
laws are made enforced and applied in a clear and fair way

30
Q

what is parliamentary supremacy

A

parliament are the most e powerful law makers due to being elected democratically
therefor parliament can make laws as it wants and others can’t change the laws

31
Q

judicial creativity

A

how much influence judges have over the law
little creativity and lots of creativity

32
Q

separation of power

A

executive (government) tells what law to pass
legislative (parliament) passes laws
judiciary( judges) enforce laws

33
Q

actus reus

A

what crime they are doing and what makes it the crime e.g actus reus of murder is killing another person

34
Q

mens rea

A

what they are thinking when they are doing a crime e.g is it had intent and knowlage of wrong doing

35
Q

AR what is automatism

A

an act committed during a state of unconsciousness or grossly impaired consciousness.

36
Q

AR what is omissions

A

not acting / failing to act

37
Q

AR whats the general rule of omissions

A

omissions generally cant be actus reus unless you have a duty to act e.g your a parent or on duty

38
Q

AR what is contractual duty

A

when at work you have a duty to be safe

39
Q

AR what is relationship duty

A

when your taking care of someone you have a relationship with e.g a mother and child

40
Q

AR what is assuming responsibility voluntarily

A

when you volunteer to take care of someone you have a duty to make sure theyre alright.

41
Q

AR what is public office duty

A

when a police officer has a duty to take care of society

42
Q

AR whats creating a dangerous situation

A

when you make a dangerous situation you have a duty to take care of it

43
Q

AR But for test

A

but for means without so but for someones actions would the consequence still happen

44
Q

AR legal causation

A

operative and substantial cause test

was the conduct a significant cause of consequence

lookes at the chain of causation and any intervening act

45
Q

AR when does an intervening act break the chain of command

A

when its unreasonable or unforeseeable

46
Q

AR what are the three types of intervening acts

A

act of third party
act of victim
act of god

47
Q

AR what does it mean if the intervening act is reasonable and foreseeable

A

it doesnt break the chain and D is convicted

48
Q

AR what is an act of a third party

A

when there are other people involved than just the defendant and the victim

49
Q

AR what is the word for when the third party is a medical person,,

A

unreasonable
unforeseeable and palpably wrong e.g obviously wrong

50
Q

AR what is the act of the victim

A

if the victim reacts in an unreasonable way that causes them injury instead of the D

51
Q

AR what are the acts of god

A

natural disasters e.g.
tornadoes
hurricanes
lightening
earthquakes

52
Q

AR what is the thinskull rule

A

any charictaristic which makes the v more vulnerable e.g physical and psycological

53
Q

MR what does mens rea mean

A

guilty mind

54
Q

MR what are the two types of mens rea

A

intention
recklessness

55
Q

MR what are the two sections in intention

A

direct or indirect

56
Q

MR what does objective mean

A

what a reasonable person does

57
Q

MR what does subjective mean

A

what the v did

law paper 1 (4 decks)

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