Mock Section A

Question 1

What are the classification of offences in criminal law?

Answer 1

Summary- minor offence, heard at magistrates
triable either way- magistrates or crown infront of judge and jury, theft and assault
indictable
Indictable- heard in crown, murder manslaughter and rape

Question 2

Describe process of a summary offence

Answer 2

-Preliminary hearing: 1st appearance at magistrates and plea guilty/not guilty
-Magistrates want pre sentence reports
- if d pleads not guilty will have an adjournment
-pre trial review
-final hearing date finalised

Question 3

Describe process of either way offence

Answer 3

-Magistrates or crown
-plea before venue hearing- d can request court and asked for plea:guilty/not guilty
-if plead guilty d cant ask for crown
-Mode of trial- if not guilty- decides where held

Question 4

Describe process of an Indictable offence

Answer 4

-early administrative hearing at magistrates
Deals w public funding etc
-case sent to crown
- d will plea
- if guilty - sentencing
-if not guilty- pre trial review
- trial by judge and jury

Question 5

What is meant by judicial review?

Answer 5

Claimant challenges lawfulness of gov decision, if win conviction quashed

Question 6

What is meant by public and private law?

Answer 6

Public- crimes are committed against the state
Private- civil disputes between private individuals

Question 7

What are the 3 divisions in civil courts?

Answer 7

Chancery, family , queens bench

Question 8

What does chancery division do?

Answer 8

Enforcement of mortgages, disputes relating to trust property, property and land matters, involves disputes, cases heard by single judges

Question 9

What does family division do?

Answer 9

Disputes about when country’s law should apply and all international cases concerning family matters under the Hague convention, heard by a single judge, crime and courts act 2013 created separate family matters, previously dealt with in family division now dealt with here

Question 10

What does queens bench division do?

Answer 10

Biggest of the 3, deals with contract and tort law where amount claimed is over 100,000

Question 11

Which court for which case?

Answer 11

Small- <10,000, <£1000 for personal injury
County- <£100,000, <£50,000 personal injury
High- >£100,000, >£50,000 for personal injury

Question 12

What are the fast tracks for civil courts

Answer 12

small - <£10,000 or £1000 for personal injury ( 5 year as solicitor or barrister)
Fast track- £10,000 to £25000 (7 years experience)
Multi track- £25000 + (7 years)

Question 13

What are the 5 aims of sentencing

Answer 13

Retribution, deterance, rehabilitation, protection of the public, repartition

Question 14

What is meant by retribution

Answer 14

Imposing punishment because offender has broken law

Question 15

What is meant by deterance

Answer 15

Punishment aimed at stopping d from re offending
Type 1) aimed at person being punished
Type 2) impact of the threat of legal punishment on the public

Question 16

What is meant by rehabilitation

Answer 16

Alter behaviour of d and retrograde into society

Question 17

What is meant by protection of the public

Answer 17

Removing offenders from society

Question 18

What is meant by reparation

Answer 18

Making amends for a wrong

Question 19

What are factors in sentencing

Answer 19

Offence
Sentencing guidlines
Background
Pre sentence reports

Question 20

What is a mitigating factor

Answer 20

Lessons severity of sentence
- plea guilty
-1st time offender
-physical illness

Question 21

What are the 4 main categories of sentencing

Answer 21

Custodial
Community
Fines
Discharges

Question 22

What is meant by mediation

Answer 22

Non biding dispute resolution process in which neutral 3rd party assists parties to settle differences but doesnt advise them

Question 23

What is meNt by conciliation

Answer 23

A 3rd party steers negotiations towards an amicable conclusion

Question 24

What is meant by negotiation

Answer 24

Process of coming to an agreement usually the first method used in adr, negotiating until a settlement is agreed or a court hearing occurs

Question 25

What is meant by arbitration

Answer 25

Parties choose an arbitrator who is a third party specialist

Question 26

How do you start a claim in an employment tribunal

Answer 26

Fills out ET1 form, when recieved et3 is sent to employer, employer sends back to et with counter points, court clerk will ask them if they wish to give evidence on holy book or affirm

Question 27

What is the judiciary

Answer 27

The term used for a group of judges

Question 28

What are the 2 types of judges

Answer 28

Inferior- district judge recorder circuit judge
Superior- high court, lady justice of appeal

Affects training and work and the terms in which they hold office