Rights and responsibilities- what are a citizens rights and responsibilities within the legal system Flashcards

1
Q

Name the 5 parts of the justice system

A

-police
-judiciary
-legal representatives
-criminal and civil courts
-tribunals and dispute resolution

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2
Q

What are the duties of the police?

A

-protect life and property
-preserve order
-crime prevention
-bringing offenders to justice

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3
Q

What is the role of a police constable ?

A

-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

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4
Q

What are the powers of the police ?

A

Stop and search
Power of arrest
Entry, search and seizure

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5
Q

What is the role of the judiciary?

A

-administer justice according to the law
-pass sentences in criminal cases
-make decisions In civil law cases

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6
Q

The UK doesn’t have a ……… police force. The police service is operated on a …………. basis. There are ……. district police forces in the UK

A

National
Regional
43

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7
Q

What is the role of the Lord Chief Justice?

A

Most senior judge in the UK, head of an independent judiciary

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8
Q

What is the role of a magistrate ?

A

Volunteers from the local community, also referred to as JPs. Receive training and legal advice. Sit on a bench of three

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9
Q

What is the role of judges?

A

-preside over court proceedings
-interpret and apply law
-create case law
-decide sentencing
-chair public inquiry’s and commissions

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10
Q

What is case law?

A

When the law is unclear, judges make decisions. Once these are upheld or used by other court they become judge created ‘case law’

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11
Q

What powers do the judiciary hold?

A

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

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12
Q

List 3 right you acquire at 16

A

-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

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13
Q

List 3 rights can you acquire at 18

A

-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

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14
Q

List 3 rights you can acquire at 21

A

-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

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15
Q

Define civil law

A

Law which deals with disputes between individuals such as debt or divorce

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16
Q

Define criminal law

A

Law which deals with individuals and groups who are accused of breaking the law e.g. via theft, vandalism, violence etc

17
Q

What does ADR stand for?

A

Alternative dispute resolution

18
Q

What is meant by mediation?

A

Parties discuss disputes with a neutral third party called a mediator. The mediator helps the parties reach their own opinion

19
Q

Give an advantage and disadvantage of mediation

A

+
Cheaper than court
Agreement likely to last longer than something which was forced

-
May not lead to a settlement
Not binding

20
Q

What is meant by conciliation

A

A conciliator is used to help resolve disputes but plays a more active role than a mediator

21
Q

Give an advantage and disadvantage of mediation

A

+
Entirely private
Good success rate

-
May not lead to a settlement

22
Q

What is meant by arbitration?

A

Parties agree to have their dispute heard by a private arbitrator who makes a binding decision for them

23
Q

Give an advantage and disadvantage of arbitration

A

+
Decisions can be enforced by courts
Quicker than court proceedings

  • No state funding
    -professional arbitrators can be expensive
24
Q

What is meant by negotiation?

A

Parties involved discuss issues and compromise or make a decision about how the issues can be resolved

25
Q

Give an advantage and disadvantage of negotiation

A

+
Informal
No cost
Private

-
Not able to make a decision

26
Q

What are tribunals ?

A

Inferior courts which deal with specialised subjects e.g. employment, health, social care

27
Q

Give an advantage and disadvantage of tribunals

A

+
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

28
Q

What is an ombudsman?

A

Official appointed to check on government activity on behalf of a citizen to investigate a complaint made. Also used in private sector

29
Q

Give an advantage and disadvantage of ombudsmen

A

+
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

30
Q

In an analogy, the legal executive could be described as a ……….
The solicitor is the …….. ………
The barrister is the …….. ……

A

Paramedic
Family doctor
Hospital consultant

31
Q

……… and ………… courts mainly deal with criminal cases

A

Magistrates
Crown

32
Q

……… and …………. courts mainly deal with civil cases

A

Family
County