Key Terms Flashcards
County court
deals with civil (non-criminal) matters
High Court
They try serious criminal cases, important civil cases and assist the Lord Justices to hear appeals
Appellate court
The appellate court’s task is to determine whether or not the law was applied correctly in the trial court
Tribunal
a body established to settle certain types of dispute. (Court of justice)
Dispute resolution
Dispute resolution is the process of resolving a dispute or conflict between different parties.
Civil court
where an individual or a business believes their rights have been infringed.
Substantive law
Create and define legal rights and obligations (e.g contract law, tort law) criminal offences
Pubic laws
Govern the relationship between the state and its citizens, e.g criminal law; tax law; constitutional law (basically how the country is run and how it exercises power)
Private laws
Create rights enforceable between individuals; usually substantive
Private laws
Create rights enforceable between individuals (typically contract laws)
What does Section 142 Criminal Justice Act 2003 have regard to?
• the punishment of offenders
• the reduction of crime (including through deterrence)
• the reform and rehabilitation of offenders
• the protection of the public
• the need to make reparations to victims of crime
List types of sentences for crimes
fines
Litter picking
Prison
Community service
Custodial
Motoring offences
What are the powers of the court of appeal?
allow the appeal and quash the conviction
Vary the conviction - to a lesser offence
Decrease the sentence (cannot increase it)
Dismiss the appeal
Order a retrial (new jury)
What does it mean to ‘quash’ a conviction?
reject as invalid, especially by legal procedure.
What are the pre-trial procedures for an indictable offence?
Preliminary hearing in the magistrates court
Preliminary case management hearing
Plea and trial preparation hearing
Further case management hearing
Who advises the police which charges should be brought against a defendant?
Crown Prosecution Service
What is the full name of the legislation that sets out the powers of the magistrates’ court when hearing triable-either-way offences?
the Magistrates’ Court Act 1980
What does the Magistrate courts have the power to?
Deal with preliminary matters for indictable offences before referring to the Crown Court, sentence offenders pleading guilt to a summary offence
What is a case stated appeal?
An appeal on a point of law made by either the prosecution or the defence after a trial in the Magistrates’ court to the King’s Bench Division
What is the ‘double jeopardy’ rule?
A person may not be tried for a crime for which s/he has previously been acquitted or convicted, or in respect of which s/he could, on the same previous indictment/summons have been lawfully convicted
What is meant by an ‘acquittal’
An acquittal is a resolution of some or all of the factual elements of the offense charged.
What is stated in the Criminal Appeal Act 1995?
Shall allow an appeal against a conviction if they think that the conviction is unsafe and shall dismiss an appeal in any other case
Crown court appeal route?
CC trial on indictment>Court of appeal>Supreme Court
Summary offence?
Least serious offence, tried in the Magistrates court, max fine of £5000, 6 months imprisonment, ex: driving without a licence
Triable-either-way offences?
Triable-either-way offences, which sit between summary and indictable I’m terms of seriousness, and which have to be tried in either the magistrates’ court or the Crown Court
What is the criminal process?
Adversarial: where two parties are represented, a form of common law
What is the court of first instance?
a court in which legal proceedings are begun or first heard.
What is a “lay magistrate”?
A magistrate with no legal qualifications
What is common law
Written law decided by judges
What is statute
Written law declared by judges in parliament
What is delegated legislation?
Law created by ministers or those with less power
What is the Law of Tort.
imposes a duty of care, negligence, occupiers liability, typically in the civil court system
What is the job of the Criminal Justice Services?
Responsible for the administrative procedure of the criminal law
What does it mean to have a civil law system?
To have a set of rules written down, some countries have a very clear document where it’s noted down
What is the Rule of Law?
A symbolic idea, defined by Lord Bingham as ‘an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large’
What are some of the main principles of the Rule of Law?
No person shall be sanctioned except in accordance with the law
All shall be equal before the law
There shall be fairness and clarity of the law
the government and its officials are subject to it
No single branch of government can exercise unlimited power
There are checks and balances, including an independent judiciary, to maintain these principles
Who was Albert Dicey?
The founding father of the concept of ‘the rule of law’
What is one of the three meanings of the ‘rule of law’ (a citizen…)
What is the plea-before-venue?
A preliminary hearing in the magistrates’ court where a defendant indicates his plea in response to the charges against him
What is jury nobbling?
the actual or attempted influence of one or more jury members through intimidation or inducement
Function of the jury in a criminal trial?
Decide facts based on evidence, come to a unanimous conclusion
Advantages of the use of juries?
Public confidence, equity, secrecy of the jury room, impartiality
Disadvantages of the use of juries in the legal system
Secrecy, exceptions, racial bias, tampering, lack of understanding, high acquittal rates
How are magistrates selected?
Magistrates are recruited and recommended for appointment by local advisory committees, public bodies made up of existing magistrates and non-magistrates. The Senior Presiding Judge appoints magistrates on behalf of the Lord Chief Justice. You do not need legal training or formal qualifications to become a magistrate.
