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Law > Introduction To Law > Flashcards

Introduction To Law Flashcards

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MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Purpose of criminal law

A

Maintain order, punish guilty, protect innocent

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2
Q

Purpose of civil law

A

To restore injured party to their original position

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3
Q

Person starting the case (criminal)

A

Police & CPS

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4
Q

Person starting the case (civil)

A

Claimant

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5
Q

Courts that hear criminal cases

A

Magistrates and crown

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6
Q

Courts that hear civil cases

A

County and high

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7
Q

Burden of proof in criminal law

A

Prosecution

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8
Q

Burden of proof in civil law

A

Claimant

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9
Q

Standard of proof in criminal law

A

Beyond reasonable doubt “sure”

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10
Q

Standard of proof in civil law

A

Balance of probabilities

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11
Q

Who decided the verdict in criminal law

A

Jury or magistrate

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12
Q

Who decided the verdict in civil law

A

Judge

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13
Q

Verdicts in criminal law

A

Guilty/ not guilty

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14
Q

Verdicts in civil law

A

Liable/ not liable

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15
Q

Powers of the court in criminal vs civil

A

Can sentence D

Can order D to pay C damages

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16
Q

Parliament law making summary

A

Queen, HOC, HOL
Laws they make are acts of Parliament or statutes
Example: theft act 1968

17
Q

Judges law making summary

A

Called precedents

Example R v R (1991) D forced his wife to have sex with him, they made marital rape illegal

18
Q

Council law making summary

A

Called delegated legislation

Example: railway bylaw- having to join the end of a queue

19
Q

EU law making summary

A

Called regulations and directives

Example: working time directive

20
Q

The rule of law

A

No one is above the law and the law applies to everyone equally
Laws will be made, enforced and applied in a clear and fair way

21
Q

Parliamentary supremacy

A

Parliament are the most powerful law makers due to being elected democratically
Parliament may make any law that it wants, others cannot change these laws

22
Q

Judicial creativity

A

How much judges can influence the law. Little creativity respects parliamentary supremacy

23
Q

Separation of powers

A

Legislature (parliament) make laws
Executive (government) enforce laws
Judiciary (judges) interpret and apply laws

3 should be kept separate

Law (42 decks)

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