english legal system Flashcards

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1
Q

who can appeal from the magistrates court to the crown court

A

the defence

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2
Q

why type of appeal is made from the magistrates court to the kbd in the high court

A

case stated appeals

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3
Q

what type of appeal is made from the crown court to the kbd in the high court

A

case stated appeals

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4
Q

which law governs appeals

A

criminal appeal act 1968

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5
Q

what is a case stated appeal

A

made to a higher court for a decision on the application of the law to the facts of the case

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6
Q

what must be involved for the case to go to the supreme court

A

the point of law is of general public importance

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7
Q

on what grounds can the defence appeal if they plead guilty

A

the sentencing

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8
Q

on what grounds can the defence appeal if they plead not guilty

A

the conviction and sentence

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9
Q

what is leave to appeal

A

the permission to appeal from an original court

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10
Q

which statute gives grounds for appeal

A

the criminal appeal act 1995

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11
Q

what must new evidence be for appeals

A

it must be admissible and give good grounds for appeal

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12
Q

what is evidence assessed for in appeals

A

as to why it was not produced in the original trial

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13
Q

under what act might the prosecution appeal against the judges ruling

A

criminal justice act 2003

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14
Q

under what act might the prosecution appeal under the point of law

A

criminal justice act 1972

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15
Q

under what act might the prosecution appeal under the point of law

A

criminal justice act 1972

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16
Q

under what act might the prosecution appeal against the judges ruling

A

criminal justice act 1972

17
Q

why might there be a appeal in the point of law

A

if the judge made an error, the new law is binding

18
Q

what is the highest court which hears appeals for civil cases

A

court of justice of the eu

19
Q

what is the highest court which hears appeals for criminal cases

A

the supreme court

20
Q

which two lower courts hear criminal cases

A

magistrates court
crown court

21
Q

where do most civil cases start

A

the county court

22
Q

what are the three divisions of the high court

A

kings bench division
family division
chancery division

23
Q

which courts hear criminal and civil cases

A

supreme court
court of appeal

24
Q

what cases does the kings bench division hear

A

contract and tort law

25
Q

what cases does the family division hear

A

magistrate appeals on family matters such as divorce

26
Q

what cases does the chancery division hear

A

tax partnerships and bankruptcy

27
Q

what is the purpose of criminal law

A

punishment and rehabilitation of people who violate the laws of the state

28
Q

what is the purpose of civil law

A

concerns private disputes between individuals and businesses

29
Q

who starts a criminal case

A

taken on behalf of the state

30
Q

who starts a civil case

A

the individual or the business

31
Q

what is the standard of proof in criminal cases

A

beyond reasonable doubt

32
Q

what is the standard of proof in civil cases

A

balance of probabilities

33
Q

what is the outcome of a criminal case

A

a sentence

34
Q

what is the outcome of a civil case

A

a remedy

35
Q

what is the burden of proof in criminal cases

A

placed on the prosecution

36
Q

what is the burden of proof in civil cases

A

the claimant is charged with