Law Mock Flashcards
1
Q
what are the 4 advantages of juries?
A
- random selection
- public confidence
- jury equity
- jury secrecy
2
Q
advantage of random selection of juries?
A
equal treatment can be shown with the use of juries as they do not have any connections with the relevant cases
3
Q
advantage of public confidence in juries?
A
ordinary members of the public judge defendants, 80% of those asked in a study trust juries more than a judge or magistrate
4
Q
advantage of jury equity in juries?
A
jurors can decide a verdict according to what they think is right and wrong; they don’t have to follow the law if they feel it is unfair(R v Owen), as opposed to a judge who has to follow statute and precedent
5
Q
advantage of secrecy in juries?
A
it is an offence to share reasons for decisions or discussions that take place in a jury room. if decisions were public, jurors may not be as open and honest with their thoughts
6
Q
what act makes it an offence to snitch about discussions in the court room?
A
criminal justice and courts act 2015
7
Q
what are the 4 disadvantages of juries?
A
- perverse decisions
- secrecy
- research
- bias
8
Q
disadvantage of perverse decisions in juries?
A
juries can ignore law/evidence and base decisions based on conscious, which can cause unfair decisions (R v Owen)
9
Q
disadvantage of secrecy in juries?
A
courts can’t tell if jury are using actual evidence to make decisions or just random information or prejudice
10
Q
disadvantage of using research in juries?
A
information about cases is widely available online, which can cause prejudice. in 2010, 12% of jurors admitted to using the internet.
11
Q
disadvantage of bias in juries?
A
all jurors have prejudice, which could affect the verdict, but due to secrecy, it is impossible to know (Sander vs UK) but research shows race doesn’t affect jurors decisions
12
Q
4 advantages of using negotiation, mediation, or conciliation as a form of ADR?
A
- cost-effective
- faster resolution
- preserved relationship
- parties retain control over the resolution process
13
Q
4 advantages of using arbitration in ADR?
A
- binding decision
- saves more time than court
- expert arbitrators
- confidentiality
14
Q
advantage of cost-effective in ADR?
A
ADR methods are cheaper than court cases because there are no court costs or other costs associated with trials. this makes ADR an especially appealing option for individuals or businesses with budget constraints
15
Q
advantage of reaching a faster resolution in ADR?
A
litigation could take months or even years to resolve in court, while ADR can be solved in a couple of weeks or even days
16
Q
advantage of preserved relationships in ADR?
A
ADR encourages communication and cooperation instead of confrontation, which is best in disputes where the parties have ongoing interactions, such as in business partnerships, family matters, or workplace conflicts
17
Q
advantage of parties retaining control over the resolution process in ADR?
A
the parties have more control over the process and outcome than litigation, where a judge or jury makes the final decision
18
Q
advantage of having a binding decision in arbitration?
A
provides certainty for parties involved, as the dispute is resolved without the potential for prolonged litigation or appeals
19
Q
advantage of having an expert arbitrator?
A
the parties can often choose an arbitrator with expertise in the subject matter of the dispute. beneficial in complex cases, such as those involving specialised areas of law where the parties want a decision-maker who understands the technical or industry-specific issues
20
Q
advantage of confidentiality in ADR?
A
unlike court proceedings, which are typically public, ADR processes are private, privacy can be important when discussing sensitive matters, e.g personal, financial, or trade secrets
21
Q
4 disadvantages of using negotiation, mediation, or conciliation as a form of ADR?
A
- not legally binding
- power imbalances
- dependence on cooperation
- lack of formal procedure
22
Q
4 disadvantages of using arbitration in ADR?
A
- limited right to appeal
- expensive
- lack of precedent
- potential for bias
23
Q
disadvantage of not being legally binding in ADR?
A
parties may be left without a legal remedy, unlike in arbitration or litigation, where the outcome is enforceable by law
24
Q
disadvantage of power imbalances in ADR?
A
if one party has more negotiating power, better legal representation, or superior resources, the other side cannot force a fair result
25
disadvantage of dependence on cooperation in ADR?
might agree to unfavourable terms just to end the process, leading to dissatisfaction and a sense of injustice
26
disadvantage of lack of formal procedure in ADR?
ADR results in inconsistent outcomes, as decisions are often based on the subjective judgment of the mediator or the goodwill of the parties involved. unlike formal litigation, where legal principles and precedents guide outcomes
27
disadvantage of a limited right to appeal in arbitration?
parties may be forced to accept an unfavourable or incorrect decision, even if it involves legal or factual errors
28
disadvantage of the expensiveness of arbitration?
more expensive than other forms of ADR due to high arbitration fees, costs for expert witnesses, and legal representation
29
disadvantage of lack of precedent in arbitration?
can lead to inconsistent outcomes, resulting in a lack of predictability for future cases
30
disadvantage of potential for bias in arbitration?
undermines the fairness of the process and can lead to distrust in the arbitration system
31
what act covers sentencing?
sentencing act 2020
32
where are the purposes of sentencing set?
chapter 1 s.57 of the sentencing act 2020
33
5 aims of sentencing?
1. punishment
2. rehabilitation
3. reparation
4. deterrence
5. protection of the public
34
is any punishment allowed in sentencing?
no, sentence must be proportionate to the offence
35
aim of rehabilitation?
to reform the offender into society
36
what is reparation?
repayment to the victim or community
37
aim is deterrence?
not wanting to commit the offence through fear of further punishment
38
how does sentencing protect the public?
the offender is made incapable of committing further crime
39
what is an absolute discharge?
when the offender is technically guilty but morally blameless
40
what are fines in sentencing?
sum of money exacted by penalty by the courts
41
what is a conditional discharge?
court discharges an offender on the condition that no further offence is committed
42
what are community orders?
community service (mix and matchable)
43
what is a suspended sentence?
offender has a fixed time (max 2 years) during which if no further offence is committed during this time, then the prison sentence will not be served
44
what is a fixed-term sentence?
imprisonment for a set number of time, automatically released after half their sentence is served
45
what is a discretionary life sentence?
when the maximum sentence is life imprisonment, but the judge doesn't impose it
46
what is a mandatory life sentence?
the only sentence a judge can impose for murder
47
what is the minimum term for committing murder?
12 years
48
what are the 8 types of sentencing for an adult?
1. absolute discharge
2. conditional discharge
3. fines
4. community order
5. suspended sentence
6. fixed-term sentence
7. discretionary life sentence
8. mandatory life sentence
49
definition of aggravating factors in sentencing?
factors that increase a sentence
50
definition of mitigating factors in sentencing?
factors that decrease a sentence
51
4 aggravating factors in sentencing?
1. previous convictions
2. racial or religious hostility involved
3. homophobic or ableist hostility
4. D was on bail while committing the offence
52
4 mitigating factors in sentencing?
1. D has a medical and/or physical illness
2. no previous convictions
3. showing signs of remorse
4. cooperative with police
53
3 aggravating factors for a mandatory life sentence?
1. significant degree of planning
2. vulnerable victim
3. tortured victim before killing em
54
3 mitigating factors for a mandatory life sentence?
1. intention to case gbh instead of murder
2. lack of planning
3. offender believed it was an act. of mercy
55
reduction of sentence if D pleads guilty at the earliest opportunity?
1/3rd off
56
reduction of sentence if D pleads guilty after the trial is set?
1/4th off
57
reduction of sentence if D pleads guilty at the door of the court?
1/10th off
58
3 additional powers of the court?
1. disqualifying the D from driving
2. compensation order to pay the victim
3. forfeiture order, taking away offender's property
59
elements of negligence?
duty of care, breach, damage
60
what case to check duty of care?
Robinson (2018)
61
how to check DoC through Robinson? + case?
look to see whether there is existing precedent (Bolam)
62
if no existing precedent through Robinson the next step is?
try analogy
63
what must C prove for breach?
that the duty of care has been breached
64
what must D fall below in order to breach DoC? + case?
standard of the 'reasonable person' (Blyth)
65
definition of reasonable person?
someone who completes a task competently
66
4 characteristics of D that affect standard of care?
1. professional
2. learner
3. children
4. unskilled
67
who are professionals put against in SoC? + case?
other professionals (Bolam)
68
who are learners put against in SoC? + case?
a reasonably competent person with that skill (Nettleship)
69
who are children put against in SoC? + case?
ordinary young person of the same age (Mullins v Richards)
70
who are unskilled defendants put against in SoC? + case?
a reasonably competent amateur (Wells v Cooper)
71
5 factors affecting standard of care?
1. special characteristics of C
2. size of risk
3. adequate precautions taken
4. unknown risks
5. social utility
72
what is 'but for' test in negligence? + case?
but for D's acts/omissions, would the injury or loss have occurred? (Barnett)
73
test for damage?
factual causation -> 'but for' test
legal causation -> remoteness of damage
74
what is the test for remoteness of damage?
reasonable foreseeability, the harm or injury suffered must not be too remote, which would make it unforeseeable
75
case for remoteness of damage in negligence?
The Wagon Mound 1961
76
3 intervening acts in negligence? + case?
1. act by claimant
2. act of nature
3. act of third party (Knightly v Jones)
77
is it foreseeable if the accident occurred from an unknown event? + case?
no (Doughty v Turner Ltd 1964)
78
does damage have to be extreme in negligence? + case?
no, only foreseeable (Bradford)
79
private nuisance definition?
intentional unlawful indirect interference with a person's use or enjoyment of land coming from neighbouring land
80
what is the egg shell skull rule in negligence? + case?
you must take your victim as you find them (Smith v Leech Brain 1962)
81
meaning of intentional in private nuisance? + case?
action or danger (Sedleigh Denfield)
82
private nuisance elements?
1. intentional
2. indirect
3. interference
4. enjoyment/use of land
5. unlawful
83
meaning of indirect in private nuisance? + case?
can be noise, smell, vibrations (Sturges v Bridgman)
84
what doesn't count as indirect interference in private nuisance? + case?
TV signal (Hunter v Canary Wharf Ltd)
85
meaning of interference in private nuisance? + case?
physical damage or loss of amenity (Robinson v Kilvert)
86
how to define the person who enjoys/uses the land in private nuisance? + case?
someone with a proprietary interest in it (Christie v Davey)
87
what does unlawful mean in private nuisance?
unlawful means unreasonable, not illegal
88
7 factors of reasonableness in private nuisance?
locality
duration
sensitivity of C
malice
social benefit
damage
effect of C's human rights
89
case for duration in private nuisance?
Crown River Cruises Ltd
90
case for sensitivity of C in private nuisance?
Network Rail v Morris
91
case for malice in private nuisance?
Hollywood Silver Fox Farm
92
case for social benefit in private nuisance?
Miller v Jackson
93
defences for private nuisance? + cases
1. prescription - going on for at least 20 years without complaint (Sturges v Bridgman)
2. statutory authority (Watson)
94
remedies for private nuisance? + case?
1.injunctions
2. compensation (Coventry v Lawrence)
3. abatement
95
where is attempts statued in?
s1(1) criminal attempts act 1981
96
actus reus of attempts?
an act which is more than merely preparatory
97
mens rea of attempts?
intention to commit an act, which if completed is an offence
98
case for more than merely preparatory?
Jones
99
what 2 things don't count as more than merely preparatory?
1. just equipping yourself
2. just being in position
100
what must D do in order to count as more than merely preparatory? + case?
embark upon the actual commission of the offence (Gullefer)
101
case for just equipping yourself in attempts?
R v Geddes
102
case for just being in position in attempts?
Campbell
103
does conditional attempt count? + case?
yes, (Easom)
104
what does the case of Shivpuri in attempts state?
attempts include 'impossible' crimes
105
what does the case of Pearman in attempts state?
oblique intent will suffice
106
what does s3 of the Crime Act 1967 state?
person can use self defence to protect themselves and others from harm using force they believe is reasonable in the moment
107
what statute states that a person can use self defence to protect themselves and others from harm using force they believe is reasonable in the moment?
s3 Crime Act 1967
108
what does s76 of the CJIA 2008 state?
d may not be able to fully weigh up the necessary level of force but nevertheless must use what is reasonable in the circumstances they believe themselves to be in
109
what statute states that the d may not be able to fully weigh up the necessary level of force but nevertheless must use what is reasonable in the circumstances they believe themselves to be in
s76 CJIA 2008
110
what are the 2 tests for self defence?
1. subjective test, was the force necessary?
2. objective test, whether the amount of force justified in the situation D was in
111
will self defence be successful if force was too extreme or the danger had passed? + case?
no, (R v Clegg)
112
what case and statute made it so that self defence in a household has a wider use of force?
R v Martin, s43 Crime and Courts Act 2013
113
what 3 things must be sufficed so the D can use force that is not grossly disproportionate?
1. D must not be a trespasser
2. D is in/partly in a dwelling
3. D believes V is a trespasser
114
how much force can be used in household cases?
as long as its not grossly disproportionate
115
can self defence be used for mistaken force? + case?
yes, (R v Gladstone Willis)
116
can you use preemptive force such as making preparations to defend yourself against crime even if it hasn't been committed yet? + case?
yes, (A G Ref No. 2)
117
do you need a reluctance to use force to protect yourself? + case?
no, (R v Bird)
118
what 2 things to look at for consent?
1. is the consent genuine?
2. what can a person consent to?
119
4 factors that affect genuineness of consent? + cases?
1. lying about your ability (Melin)
2. consenting through fear
3. v is unable to give consent
4. non disclosure of a disease (Dica)
120
name a situation where there could be implied consent?
a concert
121
name the case for implied consent
R v Wilson and Pringle
122
can a person consent to murder? + case?
no, (Pretty v UK)
123
where are the exceptions of consenting to NFO laid out?
A G (Ref No. 2 1980)
124
what are the exceptions of consenting to NFO?
1. dangerous exhibits
2. chastisement children
3. properly conducted sports games
4. vital medical interference
125
what does R v Barnes state about consent in ball games?
reckless sport injuries and off the ball injuries aren't covered by implied consent
126
what case states reckless sport injuries and off the ball injuries aren't covered by implied consent?
R v Barnes
127
what statute + case states that you can consent to tattoos and piercings?
Tattooing of Minors Act 1969 and R v Wilson
128
what does the Tattooing of Minors Act 1969 and R v Wilson state?
you can consent to tattoos and piercings
129
what case states that there are body modifications you can't consent to?
R v B M
130
what does R v B M state about consent?
there are body modifications you can't consent to
131
who are there special considerations for consenting to life saving or improving medical procedures + case?
people under 16, (Gillik)
132
when will the law accept mistaken consent?
as long as its genuine (R v Jones)
133
what case states chastisement is legal?
A v UK
134
can sadomasochism be consented to? + case?
no, (Brown)
135
what statute sets out both assault and batter?
s.39 CJA 1988
136
AR and MR of assault?
a person intentionally or recklessly causes another to apprehend the use of immediate unlawful violence
137
case for "causing another to apprehend" in assault?
R v Logdon
138
case for "an act, not omission" in assault?
R v Constanza
139
case for "immediate" in assault?
R v Ireland
140
mens rea of assault?
* intention to cause the V to apprehend unlawful and immediate violence
*recklessness as to whether this apprehension would occur
141
AR of battery?
application of unlawful physical force to another
142
MR of battery?
intentionally or recklessly applied force to a person
143
case for "force can be indirect" in battery?
R v Haystead
144
case that states touching clothes counts as touching the person?
R v Thomas
145
do omissions count in battery? + case?
yes, DPP v Santa Bermudez
146
what case shows that battery can be through a continuing act?
Fagan v MPC
147
case for MR of battery?
R v Venna
148
what statute is ABH set in?
s.47 OAPA 1861
149
AR of ABH?
assault occasioning actual bodily harm
150
MR of ABH?
same as that for assault or battery
*intention or recklessness to cause V to apprehend immediate unlawful force
* intention or recklessness to apply unlawful physical force
151
case for MR of ABH?
R v Savage
152
"assault" meaning in ABH?
assault or battery
153
"actual bodily harm" meaning + case?
any hurt or injury that interferes with the health or comfort of the victim, (R v Miller)
154
what must the injury be in ABH?
more than trivial
155
what case includes a person's hair in ABH?
R v Smith
156
AR of s.20 GBH?
unlawfully maliciously wounding to inflict any grievous bodily harm
157
"wound" meaning in s.20 GBH?
breaking of the continuity of the whole of the outer skin
158
definition of "grievous bodily harm"
really serious bodily harm
159
MR of s.20 GBH?
maliciously, meaning intentionally or recklessly:
*needed only to intend some harm to occur
or
*be reckless as to some harm would occur
160
what case sets out the MR for s.20 GBH?
R v Savage
161
which case state there must be breaking of the skin to have a wound?
JCC v Eissenhower
162
what case shows that if combined injuries are serious enough, it can count as GBH?
Brown and Stratton
163
difference between s.20 and s.18 GBH?
the mens rea
164
AR of s.18 GBH or Wounding?
exact same as s.20, unlawfully maliciously wounding to inflict any grievous bodily harm
165
MR of s.18 GBH or Wounding?
requires a specific intent, it must have been D's intention to do some previous bodily harm
166
what case held that it was essential to prove specific intent for s.18 GBH?
R v Belfon
