Law And Courts Flashcards
Four main sources of law
Common law
Primary legislation
Secondary legislation
Directives
Common law
Judge made law
Primary legislation
Acts of parliament, statutory law
Secondary legislation
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
Directives
Legal acts of the EU
Public law is
Crimes which involve the state i.e murder
Private law is
One taking another (person or institution) to court - county or high court, do not have the rights to imprison
If someone is arrested, what are the four possible outcomes?
No further action (NFA)
Informal warning
Caution
Charge
What does the Crown Prosecution Service do? (CPS)
One police charge someone of crime, CPS decides if should be prosecuted and if this is in public interest
Which court deals with the majority of cases in the civil court system?
County court
Criminal law is the same as
Public law
Civil law is the same as
Private law
Which court are bailiffs involved in?
Civil county court
Do magistrates mostly handle civil or criminal law?
Criminal
Minors criminal offences (I.e speeding) are held in which court?
Magistrates
Serious offences in which there is a jury and barristers are held in which type of court?
Crown court
Which type of court would a rape or murder trail be held?
Crown court
What are Appellate courts?
Courts which only hear appeals from other courts
The two most senior appellate courts are the Court of Appeal and the Supreme Court
What is the court of appeal in the civil division?
The civil decision hears appeals against decision of High Court
What is the court of appeal in terms of the criminal division?
The criminal division hears appeals about alleged errors of law in the magistrates and crown courts
What are the three divisions that make up the high court?
The chancery division
Queens bench
The family division
Within high court, what does the chancery division do?
Hears matters relating to the estates of the deceased, bankruptcy, copyright, guardians, sale of land, mortgages, trademarks/ designs etc
Within the high court, what does the Queens bench do?
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
Within the high court, what does the family division do?
Hears matters such as guardianship, adoption, matrimonial actions etc
What does the court of appeal (civil division) do?
Hears appeals against decisions made in county court or in the high court
What is The Supreme Court?
The final appeal court (issues of general public importance) in both criminal and civil cases - normally heard by 5 lords although numbers may vary
What classifies as the first tier of available sentences?
Absolute discharge
Conditional discharge
Fines
What classifies as the second tier of available sentences?
Community sentences (yellow hi-vis service)
What classifies as the third tier of available sentences?
Suspended sentences (suspended term of imprisonment it immediate imprisonment)
What are non-custodial sentences?
Sentences that do not involve imprisonment
Since the 1990s prison sentences have…
Drastically risen
