Section A Flashcards
Civil law
Purpose: regulates private disputes between individuals.
Parties: claimant v defendant
Decision maker: judge
Burden of proof: claimant must prove case
Standard of proof: on the balance of probabilities
Courts: county or high
Remedies: damages( compensation) or injunction
Criminal law
Purpose: state regulated individuals behaviour
Parties: prosecution v defence
Decision maker: magistrate, judge or jury
Burden of proof: prosecution must prove case
Standard of proof: beyond all reasonable doubt
Courts: magistrates or crown
Remedies: prison, fines or community service
Separation of powers
Judiciary: apply laws- Judges
Legislature: pass laws- Par
Executive: propose laws- Gov
“Should remain separate in order to prevent any person or group of persons becoming too powerful” Montesquieu
Parliamentary supremacy/ sovereignty
Theory that parliament is the supreme law-making body.
A.V. Dicey:
Parliamentary can legislate on any subject matter
No parliament can be bound by any previous nor pass any Act that would bind a latter parliament
No other body has the right to override or set aside an Act of Parliament.
Rule of law
Theory that everyone should know the law and obey it. The law is the most important aspect of society as it prevents anarchy or arbitrary government.
Key aspects:
Can’t be punished unless broken law
Equal before law
Law should be ascertainable (can be found and identified)
Law should be certain
Law must guarantee civil liberties (for the good of citizens)
Hearing must be impartial (right to fair trial)
Point of law
Particular question relating to the law, especially one that might need to be explained to people who are not experts
Leave to Appeal
Permission to appeal the decision of a court
Appeal
Apply to a higher court for a reversal of the decision of a lower court
Case stated appeal
Appeal to a superior court on the basis of a set of facts (case) specified by the inferior courts (stated) for the superior court to make a decision on the application of the law to those facts
What are lay magistrates?
These are unpaid, part-time judges who have no professional legal qualifications.
Justices of peace
17,000 in England and Wales approx
Sit to heat cases as a bench of 2/3 magistrates
Magistrates qualifications-formal
18-75 on appointment
British, Irish or commonwealth citizen
In good health
Live close to/in area of court
Have satisfactory hearing
Able to sit for 26 half days in a year
Six key qualities by Lord Chancellor mag
Good character
Understanding and communication
Social awareness
Maturity and temperament
Sound judgement
Commitment and reliability
Prospective magistrates must also agree to
Take an oath of allegiance and disclose all criminal convictions+ civil orders (divorce, etc)
Certain people do not qualify if: their job leads to a conflict of interest (Police officer)
Selection of magistrates
Appointed by current Lord Chief Justice- delegated to senior presiding judge who relies on recommendations made by local advisory committee.
Vacancies are advertised on radio or local newspapers- application form
Process:
First interview with Local Advisory Committee. Consists of local people and some magistrates
If successful: second interview involves case studies and background chevks
Appointment of mag
LAC complies a shortlist
Passes to Lord Chief Justice-( Lord Burnett of Maldron)
Delegates to presiding judge for England and Wales (Lady Justice Macur)
Officially appoints lay magistrate on behalf of Queen/King
Appointed to particular court in order to reflect the local community so representation of area in terms of gender(57% fem), age and ethnicity(minorities-13%). No recorded disability
Role of mag
Magistrates Court Act 1980.
Maximum sentence of 12 months- Sentencing Act 2020.
Can be asked to issue police warrants for search or arrest, approve further detention at police station (max 96 hours) Police and Criminal Evidence Act 1984
97% of criminal cases
Specifically trained mag work in Youth Court ( 10-17)
See evidence and hear.
Mode of trial heaings- determines whether have jurisdiction to decide outcome and sentence.
Decide on guilt and sentence.
Deal with first hearings
Grant/refuse bail BAIL ACT 1976
Transfer cases to crown court
Assisted by magistrate clerk- qualified as barrister or solicitor for at least 5 years.
All summary and some triable
