law and justice Flashcards

Question

what are the two basic principles within society according to Rawls

Answer 1

basic liberties equality of opportunity and equality of distribution

Answer 2

such as freedom of speech, would apply to everyone, according to Rawls, basic rights are inalienable and can never be sacrificed for the common good.

Answer 3

social and economic inequalities may exist, but only: -Where they benefit the least advantaged members of society; and -Provided all offices and positions are open to everyone.

Answer 4

advocated a free market, libertarian theory of justice. His entitlement theory of justice has three principles According to Nozick property that has been acquired justly cannot be appropriated by the state to redistribute wealth.

Answer 5

of justice in acquisition of justice in transfer of rectification on injustice

Answer 6

this deal with rules on how property can be initially obtained.

Answer 7

this deals with the rules on how property can be transferred.

Answer 8

this deal with the rules on how injustices arising from the application of the first two principles can be put right A. Theft B. Fraud C. Breach of contract

Answer 9

former justice secretary Ken Clarke: ‘I genuinely believe that access to justice is the hallmark of civilised society’.

Answer 10

if there is to be access to justice for all who need it. People may not be able to access and use their legal rights unless they have help from those who are qualified to help them.

Answer 11

-not 20% of people being eligible for legal aid in civil cases -in the 1980’s this was 80% -creating a two tier system with this that can afford to have legal representation and those that cannot

Answer 12

4,116- over 50% of fee income is legal aid work

Answer 13

protects the Ds and places the burden on the prosecution to established the case reasonable doubt

Answer 14

in rules securing the right to a fair trial and the rules relating to the trial by the jury

Answer 15

fair trial, have no link to or personal knowledge of anyone involved in the case

Answer 16

may be influenced by media pressure and make perverse decisions that go against the law, if a jury reaches a verdict based on bias, then justice has not been achieved

Answer 17

even if the offender commit the crime, but if done for moral imperatives so the jury can say not jury

Answer 18

He leaked docs to an opposition MP that showed that Gov had lied about the sinking of the Argentine ship “general belgrano” during the falklands war.

Answer 19

charged under the official secrets act 1911, judge gave clear direction to the jury that his actions amounted to an offence, but the jury acquired

Answer 20

are also designed to balance the interests of the parties the case: evidence of previous convictions is general not allowed unless they are very similar to the offence that the defendant is being tried for

Answer 21

by the judge under s.78 PACE if it would have such an adverse effect on the fairness of the proceedings that it ought to be excluded. However, improperly obtained evidence can still be admitted

Answer 22

Prosecutor appealed by way of case stated from magistrate who had exercise their discretion to exclude evidence of possession of drugs that had been obtained by an illegal search of the accused’s room by the police

Answer 23

magistrates had exercised their discretion wrongly in the particular case;

Answer 24

Stephen Lawerence

Answer 25

found that the family of Stephen Lawernce did not achieve justice due to police failures during the investigation. It was not Neil 2012 that two of the five suspects were convicted of murder.

Answer 26

investigated the murder, stating that they were “institutionally racism”

Answer 27

against conviction and/or sentence. could be a point of law

Answer 28

against unduly lenient sentence

Answer 29

the attorney- general may appeal on a point of law to the court of appeal where they wish to question a judge’s direction that has led to an acquittal

Answer 30

the pretrial process the trial process the appeal system

Answer 31

which evidence is collected and a charge made (there are now safeguards set out in the police and criminal evidence act 1984

Answer 32

should incorporate the right to the jury trial, the presumption of innocent and the right to silence

Answer 33

she had two cot deaths- bacterial infect convicted of smothering her babies - the expert witness gave wrong stats

Answer 34

It is the independent body that investigates potential miscarriage of justice in england, wales and northern ireland

Answer 35

Allow people to get their case review their case if they think they have been wrongly sentenced or wrongly convicted of a criminal offence and they have lost their appeal.

Answer 36

850+ - an average of around one referral every 11 days

Answer 37

to the fairness of the law itself and its outcomes, rather than the processes and systems that surround it.

Answer 38

principle of proportionality governs sentencing practice in criminal courts. The idea that the ‘punishment fits the crime’ delivers justice for victims

Answer 39

D’s wife suffered from an intolerable and incurable medical condition, and repeatedly begged D to kill her. One morning, she awoke the D by scratching him and demanded that he kill her. He asphyxiated her with a pillow, hesitating once when he thought she wanted him to stop, but continuing when she begged him to continue.

Answer 40

charged with murder. His defence, he relied on the defence of provocation. He claimed that her demands had become too much for him

Answer 41

COA described the wife’s behaviour as ‘the opposite’ of provocation. They characterised the defendant as not losing control, but deliberately accessing his wife’s wishes. This was demonstrated in particular by the defendant's calm manner and temp hesitation.

Answer 42

that defendants are not likely to success in showing that they have lost control in mercy killing cases

Answer 43

her son suffered serious head injuries. He underwent lifesaving surgery which removed part of his skull which resulted in severe head and facial disfigurement. He was in vegetative state and was hopefully recovered. She was convinced that he will be vegetative forever. She became obsessive and believed he was in pain and wanted his suffering to end. Injected him with a lethal dose of heroin with intention to kill.

Answer 44

she was changed with murder. Appealed her case. Her conviction was upheld.

Answer 45

“The law of murder does not distinguish between murder committed for malevolent reasons and murder motivated by familial love”

Answer 46

“Until parliament decides otherwise, the law recognises a distinction between the withdrawal of treatment supporting life, which, subject to stringent conditions, may be lawful, and the active termination of life, which is unlawful.”

Answer 47

consider the defence of duress, you have learnt that it is available for crimes other than murder and attempted murder.

Answer 48

R v Dudley v Stephens(1884) and R v Howe(1987)

Answer 49

that defendants will only be liable where the damage is reasonably foreseeable. The potential unfairness to the defendant is further reduced by the availability of defences, such as an act of God.

Answer 50

Parties to a contract may try to exclude or reduce their liability for breach of contract by relying on exclusion clauses. The traditional rule is that these clauses are effective as the buyer should be aware. However, this can be unfair on the weaker party so there are rules to protect the consumer.

Answer 51

Olley v Marlborough court hotel 1949

Answer 52

In criminal law the principles of sentencing try to achieve a just balance between the interest of the victim, the interests of society and the interests of the defendant. Has this always been achieved? Sentencing practice generally follows the principle of proportionality: the more serious the offence, the harsher the sanction that will be imposed.

Answer 53

Those convicted of murder will be given a mandatory life sentence and the judge will impose a tariff which is the minimum term the murderer has to serve.

Answer 54

to restore the C to their pre-tort position

Answer 55

based on the loss of bargain- to put the C in the position they would have have been performed