Legal Basics

Question 1

2 divisions of law

Answer 1

1. Civil law
   = deals with private claims & the redress of private wrongs
2. Criminal law
   = deals with offences that are deemed to harm the community & the sovereign

Question 2

Police Bail

Answer 2

A system by which police release people from custody questioning on the proviso they return at a later date.

Question 3

Court Bail

Answer 3

A system by which a person awaiting trial may be released by court, pending next hearing.

Question 4

Branches of the legal profession

Answer 4

1. Barrister
   = advocate who argues the case in court
2. Solicitor
   = legal advisor

Question 5

Sources of Law

Answer 5

Custom = common law

Precedent = based on decisions in higher courts

Prosecute = initiate legal proceedings

Delegated legislation = statutory instruments by laws

EU = regulations & directives

International treaties = terms can be enacted into law

Equity = injunctions

European Convention on human rights = can be used to modify UK law

Indictment = list of charges read out in court

Defendant = person in court accused of the offence

Charge with a crime = make formal accusation via govt authority

Statutes = acts of parliament

Question 6

Counsel

Answer 6

Legal representative

Question 7

QC - Queen’s counsel

Answer 7

Senior barrister

Question 8

Types of court

Answer 8

Magistrates Court
= Deals with 95% of all criminal cases
= Panel of 2/3 magistrates hear summary trials

Crown Court
= More serious cases for trial

Supreme Court
= Highest court in English & Welsh law

Question 9

Types of Criminal Offence

Answer 9

Summary offence
= Minor offence which can be dealt with at a magistrates court

Either-way offence
= Can be tried at a magistrates court or by a jury at a crown court
= A defendant who pleads not guilty has right to opt for jury trial

Indictable-only offence
= Once which can be tried only by a jury at crown court