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Law > End Of Spring Term Revision Test > Flashcards

End Of Spring Term Revision Test Flashcards

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1
Q

Appeal Courts

A

Supreme Court
Court of Appeal
Divisional Courts of the High Court
Crown Court

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2
Q

First instance

A

High Court
Crown Court
County Court
Magistrates Court

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3
Q

Litigation

A

Taking a case to court to have the judge decide who is at fault

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4
Q

Which civil tracks uses an inquisitorial style?

A

Small Claims Track
No lawyer
Judge aids in presenting case

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5
Q

Three divisions of the High Court

A

Queen’s Bench Division- Tort and Contract
Chancery- property, mortgages, trusts
Family- matrimonial and children

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6
Q

Main type of cases heard in the Magistrate’s Court

A

Family

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7
Q

Why are leap frog appeals sometimes necessary?

A

To avoid a precedent from the House of Lords which would bind the Court Of Appeal if the case were appealed there

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8
Q

In which court do all criminal cases start?

A

Magistrates’ Court

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9
Q

A mid-ranging offence which can be committed in a wide ranging way e.g. Theft of criminal damage

A

Triable either way offences

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10
Q

A minor crime like common assault or speeding

A

Summary

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11
Q

A serious crime like murder, rapr or robbery

A

Summary

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12
Q

A serious crime like murder, rape or robbery

A

Indictable

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13
Q

Will be sorted into either summary or indictable trial through mode of trial proceedings

A

Triable either way

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14
Q

Will be tried in the magistrates court by a bench of lay Magistrates or a single District Judge of the Magistrates Court

A

Summary

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15
Q

Will be tried on indictment in the Crown Court by a judge and jury

A

Indictable

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16
Q

Defence appealing against sentence and/or conviction from the magistrates court

A

Crown Court

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17
Q

Defence or Prosecution making a ‘case States’ appeal from the Magistrates Court

A

Queen’s Bench

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18
Q

Appeal (given leave) on a point of public interest from the Queen’s Bench Divisional Court or the Court of Appeal

A

Supreme Court

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19
Q

A ‘case-stated’ appeal by the defence of prosecution from the Crown Court

A

Court of Appeal

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20
Q

An appeal referred from the Crown Court asking to quash an acquittal because of interference with witnesses or jurors

A

Queens Bench

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21
Q

Defence appeal (with leave) against sentence and/or conviction or the prosecution ask the Attorney- General to make a reference on a point of law

A

Court of Appeal

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22
Q

What is a Scott v Avery clause?

A

An agreement to arbitrate in the event of a dispute

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23
Q

Negotiation

A

Assisted Settlement

24
Q

Arbitration

A

Alternative adjudication

25
Q

Conciliation

A

Assisted settlement

26
Q

Mediation

A

Assisted settlement

27
Q

ADR- Parties voluntarily agree to accept the adjudication of a third party

A

Arbitration

28
Q

ADR- Parties resolve their dispute with the assistance of a third party ‘go-between’

A

Mediation

29
Q

ADR- Parties resolve their dispute with the assistance of a third party who has some expertise in the area of the dispute

A

Conciliation

30
Q

ADR- Parties resolve their dispute informally either in person or via a solicitor or other professional

A

Negotiation

31
Q

What is the main statute governing police powers?

A

PACE

32
Q

Which police power is governed by s.1 of this statute?

A

Stop and searches

33
Q

What is the name of the guidelines which advise police on the correct use of statutory powers?

A

Codes of Practice

34
Q

What must a police officer act on when stopping and searching a person?

A

Reasonable grounds of suspicion

35
Q

Power to use reasonable force in affecting a stop and search

A

S.117

36
Q

Power to seize unlawful articles going in a stop and search

A

S.1 (6)

37
Q

Safeguard preventing the removal of anything more than outer coat, jacket and gloves

A

S.29

38
Q

Police Officer doing a stop and search must give name, number, station and reason for the search

A

S.2 3)

39
Q

What is relevant to a lawful arrest?

A

That D is involved or suspected of involvement in a crime
The D’s arrest is necessary by reference to the necessity tests
That D is asked to define his/her ethnicity
That D is told he/she is under arrest and why

40
Q

What is not relevant to a lawful arrest?

A

That D must be cautioned

41
Q

On arrival at the station, who decides whether D should be detained?

A

Custody Officer

42
Q

What are the safeguards upon Detention?

A

To inform the suspect that he has the right to inform someone if his arrest
To inform the suspect that he has the right to an appropriate adult if under 17 or ‘vulnerable’
To tell the suspect he has the right to consult the Codes of Practice
To open a custody record detailing D’s detention
To inform the suspect he has the right to free legal advice

43
Q

What is not a safeguard upon detention?

A

To inform D of his right to bail

44
Q

Maximum period of detention authorised by police after any extension by a senior officer

A

36 hours

45
Q

Absolute maximum period of detention unless being held under terrorist legislation and following extensions by Magistrates

A

96 hours

46
Q

First review of D’s detention by a custody officer

A

6 hours

47
Q

Regulatory Sample

A

Breath

48
Q

Non-intimate sample

A

Fingerprints

49
Q

Intimate

A

Semen

50
Q

Sentencing aim? An ‘eye for an eye’, a ‘tooth for a tooth’

A

Retribution

51
Q

Sentencing aim- sorry seems to be the hardest word

A

Reparation

52
Q

Sentencing aim- Big Brother is watching

A

Deterrence

53
Q

Sentencing aim- New skills means new choices

A

Rehabilitation

54
Q

Sentencing Aim- lock em up and throw away the key

A

Incapacitation

55
Q

What is the main aim when sentencing a youth offender?

A

Rehabilitation

56
Q

Jurisdiction

A

The power of a court and the types of cases it is able to hear

Law (18 decks)

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