Key Definitions Flashcards
What is the definition for a defendant?
A person or group against whom a criminal or civil action is brought (the alledged wrongdoer)
What is the definition for a victim?
A person who has been harmed, physically or mentally including any other adverse circumstances. (who the defendant has allegedly committed the crime against)
What is a lawyer?
An individual that practises or studies law.
What is a barrister?
A Lawyer who specialises in advocacy and litigation. (represents people in court)
What is a solicitor?
A lawyer who provides specialist legal advice and guidance before a trial. They can prepare cases as well as instruct barristers.
What is a judge?
A senior lawyer who is appointed to decide (depending of their role) the sentence in criminal cases and (sometimes) the facts and the decisions in trial within civil cases.
What is a Jury?
12 members of the public who sit in the crown court and provide a verdict upon evidence being presented to them.
What is a magistrate?
A civil officer who administers the law in the magistrates court through deciding facts, verdict and sentences in low criminal acts.
What is an appeal?
The process in which cases are reviewed by a higher authority, parties request a formal change to an official decision.
Who is the appellant?
The person who is appealing to the higher court against a decision of the lower court.
What is the appellate court?
Court of appeal, hears a case upon appeal that has already been heard by lower courts. (there are no juries in appellate courts)
What are the courts of first instance?
The courts where trials are first held, the initiation of proceedings.
What is the definition of a verdict?
The final decision of the jury or the judge on the matter submitted to the trial. (decision of guilty/not guilty)
What is Actus Reus?
The ‘guilty act’, the physical act of committing a crime.
What is Mens Rea
The ‘guilty mind’, referring to the criminals intent that constitutes part of a crime.
Who is the DPP (Director of Public Prosecutions)?
`Head of crown prosecution service, responsible for conducting all criminal prosecutions made by police (decides if they should appear in law court)
Who is the Attorney General (AG)?
The chief law officer to the crown and senior legal officer to its government. (office above the DPP, send erroneous sentences and convictions to appeal courts)
What is the meaning of Acquit?
To decide officially in a court of law that someone is not guilty of a crime.
What is the definition of a sentence?
The punishment that a court imposes on an individual convicted of a criminal offence.
What is the meaning of quashed?
When a defendant who was originally found guilty but found to be not guilty on appeal. (to annul or set aside an earlier formal decision.)
What is the meaning of Regina/Rex?
Latin name for the queen (head of state), used to represent the crown in public criminal prosecutions.
