Rights and responsibilities- what are a citizens rights and responsibilities within the legal system Flashcards
Name the 5 parts of the justice system
-police
-judiciary
-legal representatives
-criminal and civil courts
-tribunals and dispute resolution
What are the duties of the police?
-protect life and property
-preserve order
-crime prevention
-bringing offenders to justice
What is the role of a police constable ?
-work within the community
-provide visible deterrence and reassurance through patrols
-attend road accidents, enforce road legislation
-submit crime and intelligence reports
-gather evidence, take statements, interview suspects, victims and witnesses
-attend and give evidence in court
What are the powers of the police ?
Stop and search
Power of arrest
Entry, search and seizure
What is the role of the judiciary?
-administer justice according to the law
-pass sentences in criminal cases
-make decisions In civil law cases
The UK doesn’t have a ……… police force. The police service is operated on a …………. basis. There are ……. district police forces in the UK
National
Regional
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What is the role of the Lord Chief Justice?
Most senior judge in the UK, head of an independent judiciary
What is the role of a magistrate ?
Volunteers from the local community, also referred to as JPs. Receive training and legal advice. Sit on a bench of three
What is the role of judges?
-preside over court proceedings
-interpret and apply law
-create case law
-decide sentencing
-chair public inquiry’s and commissions
What is case law?
When the law is unclear, judges make decisions. Once these are upheld or used by other court they become judge created ‘case law’
What powers do the judiciary hold?
Power to interpret the law
Power to control hearings and trials in their courtroom
Power to determine the sentence given (within guidelines)
Power to influence debate and discussions over certain topics
List 3 right you acquire at 16
-you can work full time if you have left school, have a national insurance number and the job has accredited training
-you can give consent and have sex
-you can be married or live together with parents permissions
-you can be prosecuted for having sex with someone under 16
-you can apply for a passport without parent consent
List 3 rights can you acquire at 18
-you are an adult
-you can get a tattoo or body piercing
-you can watch an 18 film
-national minimum wage entitlement increases
-you can change your name
-you can vote and be called for jury service
-you can stand as an MP or local councillor
-you can buy and drink alcohol in a bar
-you can get married or enter a civil partnership without parental consent
List 3 rights you can acquire at 21
-you can drive HGV with the right license
-you can apply to adopt a child
-you can apply for a license to fly commercial transport e.eg aeroplanes
-you can enter some 21+ venues
Define civil law
Law which deals with disputes between individuals such as debt or divorce
Define criminal law
Law which deals with individuals and groups who are accused of breaking the law e.g. via theft, vandalism, violence etc
What does ADR stand for?
Alternative dispute resolution
What is meant by mediation?
Parties discuss disputes with a neutral third party called a mediator. The mediator helps the parties reach their own opinion
Give an advantage and disadvantage of mediation
+
Cheaper than court
Agreement likely to last longer than something which was forced
-
May not lead to a settlement
Not binding
What is meant by conciliation
A conciliator is used to help resolve disputes but plays a more active role than a mediator
Give an advantage and disadvantage of mediation
+
Entirely private
Good success rate
-
May not lead to a settlement
What is meant by arbitration?
Parties agree to have their dispute heard by a private arbitrator who makes a binding decision for them
Give an advantage and disadvantage of arbitration
+
Decisions can be enforced by courts
Quicker than court proceedings
- No state funding
-professional arbitrators can be expensive
What is meant by negotiation?
Parties involved discuss issues and compromise or make a decision about how the issues can be resolved
Give an advantage and disadvantage of negotiation
+
Informal
No cost
Private
-
Not able to make a decision
What are tribunals ?
Inferior courts which deal with specialised subjects e.g. employment, health, social care
Give an advantage and disadvantage of tribunals
+
Deal with specialised issues
Simple and informal
Cheaper and quicker than courts
-
Inequality between those who pay for additional legal aid and those who can’t
What is an ombudsman?
Official appointed to check on government activity on behalf of a citizen to investigate a complaint made. Also used in private sector
Give an advantage and disadvantage of ombudsmen
+
Lead to recommended changes to government agencies or public bodies
-
Cannot deal with matters that could be dealt with in courts
Complaints must be made through an elected representative
In an analogy, the legal executive could be described as a ……….
The solicitor is the …….. ………
The barrister is the …….. ……
Paramedic
Family doctor
Hospital consultant
……… and ………… courts mainly deal with criminal cases
Magistrates
Crown
……… and …………. courts mainly deal with civil cases
Family
County
