Rights & Responsibilities - Rights & Responsibilities Within The Legal System Flashcards

1
Q

Who in the police force is directly elected, held accountable & in charge?

A

Police & crime commissioner.

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2
Q

Do candidates for the role have to stand with a political party?

A

They can stand independently too.

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3
Q

What are the 3 roles of the police?

A

Maintain law & order
Protect members of the public & their property
Prevent, detect & investigate crime

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4
Q

What are the 3 most commonly used powers of the police?

A

Stop & search
Power to arrest
Entry, search & seizure

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5
Q

What are the 2 rules to making a stop & search?

A

Person/vehicle may have stolen items/prohibited articles

Must have reasonable grounds for suspecting illegal activity

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6
Q

What are the 2 rules to making an arrest?

A

Individual must be involved in committing/attempting to commit a crime
Individual must be informed they’re under restraint, use reasonable force & be told why they’re being arrested

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7
Q

What must police obtain to search & enter premises?

A

A warrant.

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8
Q

What is the CPS?

A

Independent body that prosecutes criminal cases in England & Wales.

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9
Q

Who does the CPS work closely with?

A

The police.

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10
Q

Who is the attorney general?

A

Oversees the CPS & is a gov minister held accountable to Parliament for their work.

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11
Q

What does “judiciary” mean?

A

System of judges.

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12
Q

What is the judiciary responsible for?

A

Settlement of legal issues where a citizen is accused of breaking the law they determine the sentence given to them.

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13
Q

What is the role of the judiciary?

A

Enforce & interpret law.

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14
Q

What political bias should the judiciary uphold?

A

Neutral.

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15
Q

How can one become a judge?

A

Work in a legal profession before you’re appointed.

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16
Q

What are the 3 branches of legal profession?

A

Legal executives
Solicitors
Barristers

17
Q

What are legal executives?

A

Legally qualified professionals employed by solicitors to specialise in a given area of law.

18
Q

What are solicitors?

A

Prepares cases & its advocacy in magistrates & county courts
Deal with commercial work, land & building issues, house sales, wills & tax matters
Have a law degree
Undertake 3yrs of training

19
Q

What are barristers?

A

Advocacy
Present cases in courts
Employed by solicitors to work on behalf of the solicitor but pursue their own judgement
Work in magistrates, crown, high & appeal courts
Law graduates
On the job training
Work for themselves

20
Q

What does criminal law deal with?

A

Cases where a citizen has broken the law.

21
Q

What does civil law deal with?

A

Disputes between individuals/organisations which are resolved by the award of damages
Personal injury claims & contract breaches
Outcome is liable/not liable

22
Q

Do civil courts involve a jury?

23
Q

What type of court are most civil cases held in?

A

County courts.

24
Q

What do civil cases punish with?

A

Fines up to £5,000.

25
What type of courts are criminal cases held in?
Magistrates court | Crown court
26
Tribunals
Inferior courts | Determine a resolution of a dispute
27
Ombudsmen
Officials appointed to check on gov activity on behalf of a citizen To investigate complaints made Make recommendations & publish reports, isn’t binding
28
Negotiation
Parties involved discuss issues & compromise to resolve issues.
29
Mediation
Parties discuss dispute with a 3rd party (neutral). | Act as a facilitator to help sides come to an agreement
30
Conciliation
Helps resolve issues by playing an active role & giving opinions.
31
Arbitration
Parties agree to have their dispute heard by a private arbitrator who makes a binding decision.
32
Age of criminal responsibility in England & Wales
10.
33
What is the punishment of criminal law?
Custodial/non-custodial sentence.
34
Common law
Developed law using the decision of judges in specific cases.
35
Scotland’s courts
``` Justice of the peace court Sheriff court Sheriff appeal court High court of justiciary Supreme Court of Scotland ```
36
Northern Ireland’s courts
``` UK Supreme Court Court of appeal High court County court Crown court Magistrates court Coroners’ court ```