Introduction to Law Flashcards
What is a defendant?
The person being accused of doing something wrong.
What is a verdict?
The actual decision of a case.
What is the burden of proof?
The person who has the job of proving the case.
What is the standard of proof?
How much proof needs to be provided to win the case.
CRIMINAL LAW
What is an offence?
Another word for crime.
CRIMINAL LAW
What is a charge?
This is when the police accuse someone of committing a crime.
CRIMINAL LAW
What is the Crown Prosecution Service (CPS)?
The group who decide if a charge should be brought.
CRIMINAL LAW
What is bail?
Being given freedom between the time you are charged and the trial.
CRIMINAL LAW
What is remand (in custody)?
Staying in custody between the time you are charged and the trial.
CRIMINAL LAW
What is a conviction?
When a defendant is found guilty.
CRIMINAL LAW
What is an acquittal?
When a defendant is found not guilty.
CRIMINAL LAW
What is a sentence?
The punishment given to the defendant after a conviction.
CRIMINAL LAW
What are magistrates?
The 3 people who decide the verdict and sentence in a Magistrate’s Court.
CRIMINAL LAW
What are the jury?
The 12 people who decide the verdict in the Crown Court.
CRIMINAL LAW
What is a judge?
The person who advises the jury and decides a sentence in the Crown Court.
CRIMINAL LAW
What is the prosecution?
The people proving the case against the defendant at a trial.
CRIMINAL LAW
What is a victim?
The person who was allegedly wronged in some way.
CIVIL LAW
What is a claimant?
The person claiming they were wronged in some way.
CIVIL LAW
What does it mean to sue someone?
Taking someone to civil court.
CIVIL LAW
What does liable/ not liable mean?
The verdicts in civil law, the equivalent of guilty and not guilty.
CIVIL LAW
What are damages?
Compensation- the money the claimant will receive from the defendant if the defendant is found liable.
CIVIL LAW
What is a judge?
The person who decides the verdict and damages.
What is the purpose of criminal law?
To maintain order, punish the guilty, achieve justice and protect the public.
What is the purpose of civil law?
To resolve disputes between individuals or organisations.
Who starts the case and holds the burden of proof in criminal law?
The prosecution.
Who starts the case and holds the burden of proof in civil law?
The claimant.
Which courts hear criminal cases?
Either a Magistrate’s Court for less serious offences or the Crown Court for more serious offences.
Which courts hear civil cases?
Either a County Court for low value or the High Court for high value.
What is the standard of proof in criminal court?
Beyond reasonable doubt.
What is the standard of proof in civil court?
On the balance of probabilities.
Who decides the verdict in criminal court?
Magistrates or jurors.
Who decides the verdict in civil court?
The judge.
What are the powers of criminal court?
Judge can sentence the defendant e.g prison sentence, community order or fine.
What are the powers of civil court?
Judge can order defendant to pay damages and can also make an injunction.
What is the name of laws that Parliament makes?
Acts of Parliament/ Statutes/ Legislation.
What is the name of laws that Judges make?
Precedents.
What is the name of laws that Local Councils and public bodies make?
By-laws.
What is the name of laws that the EU makes?
Regulations and directives.
What is the rule of law?
No-one is above the law and the law applies to all people equally. Laws will be made, enforced and applied in a clear and fair way.
What is Parliamentary supremacy?
Parliament are the most powerful law makers due to being elected democratically. Therefore Parliament can make any laws that it wants and others can’t change these laws.
What is judicial creativity?
How much judges can influence the law and interpret it in different ways.
What is separation of powers?
Theory that the legislature (Parliament) should make laws, the executive (Government) should come up with ideas and enforce laws and judiciary (judges) should interpret and apply law. The 3 should be kept separate and not overlap.
