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Criminal Justice Landscape > Law And Courts > Flashcards

Law And Courts Flashcards

1
Q

Four main sources of law

A

Common law
Primary legislation
Secondary legislation
Directives

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2
Q

Common law

A

Judge made law

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3
Q

Primary legislation

A

Acts of parliament, statutory law

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4
Q

Secondary legislation

A

Made by those elected via parliament i.e ministers, to fill in primary legislation such as adding a drug to a pre-existing misuse of drug act

Also put in practical measures that enable law to operate and be informed in daily life

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5
Q

Directives

A

Legal acts of the EU

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6
Q

Public law is

A

Crimes which involve the state i.e murder

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7
Q

Private law is

A

One taking another (person or institution) to court - county or high court, do not have the rights to imprison

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8
Q

If someone is arrested, what are the four possible outcomes?

A

No further action (NFA)
Informal warning
Caution
Charge

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9
Q

What does the Crown Prosecution Service do? (CPS)

A

One police charge someone of crime, CPS decides if should be prosecuted and if this is in public interest

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10
Q

Which court deals with the majority of cases in the civil court system?

A

County court

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11
Q

Criminal law is the same as

A

Public law

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12
Q

Civil law is the same as

A

Private law

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13
Q

Which court are bailiffs involved in?

A

Civil county court

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14
Q

Do magistrates mostly handle civil or criminal law?

A

Criminal

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15
Q

Minors criminal offences (I.e speeding) are held in which court?

A

Magistrates

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16
Q

Serious offences in which there is a jury and barristers are held in which type of court?

A

Crown court

17
Q

Which type of court would a rape or murder trail be held?

A

Crown court

18
Q

What are Appellate courts?

A

Courts which only hear appeals from other courts

The two most senior appellate courts are the Court of Appeal and the Supreme Court

19
Q

What is the court of appeal in the civil division?

A

The civil decision hears appeals against decision of High Court

20
Q

What is the court of appeal in terms of the criminal division?

A

The criminal division hears appeals about alleged errors of law in the magistrates and crown courts

21
Q

What are the three divisions that make up the high court?

A

The chancery division
Queens bench
The family division

22
Q

Within high court, what does the chancery division do?

A

Hears matters relating to the estates of the deceased, bankruptcy, copyright, guardians, sale of land, mortgages, trademarks/ designs etc

23
Q

Within the high court, what does the Queens bench do?

A

Hears matters relating to ‘habeas corpus’ (violation of personal liberty) I.e judicial review and ordinary civil disputes

  • also those which cannot be tried in county court for example higher value possession or personal injury claims
24
Q

Within the high court, what does the family division do?

A

Hears matters such as guardianship, adoption, matrimonial actions etc

25
Q

What does the court of appeal (civil division) do?

A

Hears appeals against decisions made in county court or in the high court

26
Q

What is The Supreme Court?

A

The final appeal court (issues of general public importance) in both criminal and civil cases - normally heard by 5 lords although numbers may vary

27
Q

What classifies as the first tier of available sentences?

A

Absolute discharge
Conditional discharge
Fines

28
Q

What classifies as the second tier of available sentences?

A

Community sentences (yellow hi-vis service)

29
Q

What classifies as the third tier of available sentences?

A

Suspended sentences (suspended term of imprisonment it immediate imprisonment)

30
Q

What are non-custodial sentences?

A

Sentences that do not involve imprisonment

31
Q

Since the 1990s prison sentences have…

A

Drastically risen

Criminal Justice Landscape (6 decks)

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