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A Level Law > Introduction to Law > Flashcards

Introduction to Law Flashcards

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MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is a defendant?

A

The person being accused of doing something wrong.

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2
Q

What is a verdict?

A

The actual decision of a case.

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3
Q

What is the burden of proof?

A

The person who has the job of proving the case.

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4
Q

What is the standard of proof?

A

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

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5
Q

CRIMINAL LAW

What is an offence?

A

Another word for crime.

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6
Q

CRIMINAL LAW

What is a charge?

A

This is when the police accuse someone of committing a crime.

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7
Q

CRIMINAL LAW

What is the Crown Prosecution Service (CPS)?

A

The group who decide if a charge should be brought.

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8
Q

CRIMINAL LAW

What is bail?

A

Being given freedom between the time you are charged and the trial.

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9
Q

CRIMINAL LAW

What is remand (in custody)?

A

Staying in custody between the time you are charged and the trial.

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10
Q

CRIMINAL LAW

What is a conviction?

A

When a defendant is found guilty.

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11
Q

CRIMINAL LAW

What is an acquittal?

A

When a defendant is found not guilty.

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12
Q

CRIMINAL LAW

What is a sentence?

A

The punishment given to the defendant after a conviction.

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13
Q

CRIMINAL LAW

What are magistrates?

A

The 3 people who decide the verdict and sentence in a Magistrate’s Court.

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14
Q

CRIMINAL LAW

What are the jury?

A

The 12 people who decide the verdict in the Crown Court.

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15
Q

CRIMINAL LAW

What is a judge?

A

The person who advises the jury and decides a sentence in the Crown Court.

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16
Q

CRIMINAL LAW

What is the prosecution?

A

The people proving the case against the defendant at a trial.

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17
Q

CRIMINAL LAW

What is a victim?

A

The person who was allegedly wronged in some way.

18
Q

CIVIL LAW

What is a claimant?

A

The person claiming they were wronged in some way.

19
Q

CIVIL LAW

What does it mean to sue someone?

A

Taking someone to civil court.

20
Q

CIVIL LAW

What does liable/ not liable mean?

A

The verdicts in civil law, the equivalent of guilty and not guilty.

21
Q

CIVIL LAW

What are damages?

A

Compensation- the money the claimant will receive from the defendant if the defendant is found liable.

22
Q

CIVIL LAW

What is a judge?

A

The person who decides the verdict and damages.

23
Q

What is the purpose of criminal law?

A

To maintain order, punish the guilty, achieve justice and protect the public.

24
Q

What is the purpose of civil law?

A

To resolve disputes between individuals or organisations.

25
Q

Who starts the case and holds the burden of proof in criminal law?

A

The prosecution.

26
Q

Who starts the case and holds the burden of proof in civil law?

A

The claimant.

27
Q

Which courts hear criminal cases?

A

Either a Magistrate’s Court for less serious offences or the Crown Court for more serious offences.

28
Q

Which courts hear civil cases?

A

Either a County Court for low value or the High Court for high value.

29
Q

What is the standard of proof in criminal court?

A

Beyond reasonable doubt.

30
Q

What is the standard of proof in civil court?

A

On the balance of probabilities.

31
Q

Who decides the verdict in criminal court?

A

Magistrates or jurors.

32
Q

Who decides the verdict in civil court?

A

The judge.

33
Q

What are the powers of criminal court?

A

Judge can sentence the defendant e.g prison sentence, community order or fine.

34
Q

What are the powers of civil court?

A

Judge can order defendant to pay damages and can also make an injunction.

35
Q

What is the name of laws that Parliament makes?

A

Acts of Parliament/ Statutes/ Legislation.

36
Q

What is the name of laws that Judges make?

A

Precedents.

37
Q

What is the name of laws that Local Councils and public bodies make?

A

By-laws.

38
Q

What is the name of laws that the EU makes?

A

Regulations and directives.

39
Q

What is the rule of law?

A

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.

40
Q

What is Parliamentary supremacy?

A

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.

41
Q

What is judicial creativity?

A

How much judges can influence the law and interpret it in different ways.

42
Q

What is separation of powers?

A

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.

A Level Law (44 decks)

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