TERMS

Question 1

TORT

Answer 1

A civil wrong for which a monetary damages may be awarded

Question 2

SEEK DAMAGES

Answer 2

Financial compensation from the person or organisation who used information without permission, defamed etc.

Question 3

SOURCES OF UK LAW

Answer 3

Custom – Common law is made by judges, rather than parliament. A crime is said to be an offence at common law if the judges have always treated it as a crime, e.g murder, manslaughter and common assault

Precedent – Set by judges earlier ruling on common law cases – so previous judgement on a case sets future judgement over time.

Statute – Basically, acts of Parliament

European Convention of Human Rights - put directly into UK law on 2nd October 2000 with 1998 Human Rights Act

Question 4

DIVISIONS OF LAW

Answer 4

Civil

Criminal

Question 5

STANDARDS OF PROOF

Answer 5

Civil law – judged on the BALANCE OF PROBABILITIES

Criminal – requirement of conviction is BEYOND ALL REASONABLE DOUBT

Question 6

COURTS

Answer 6

Magistrates Court
Crown Court
High Court
Youth Court

Question 7

CIVIL COURT PROCEDURE

Answer 7

An individual or organisation suing. The person suing is the Claimant

Person being sued is the defendant or respondent

If person sueing succeeds they may be awardes damaged by the court, or whatever is the redress they are seeking

Civil cases begin with issuing a claim form

Civil cases may involve the court granting an injunction – an order by the court which is legally binding, to stop or start doing something

Sometimes in disputes, parties may reach an agreement to end the action without the court ruling – known as a settlement

Question 8

INDICTABLE, EITHER WAY, SUMMARY OFFENCES

Answer 8

Indictable only offences are the most serious, punishable by longest prison terms

• e.g murder, rape, robbery and such cases are processed by the magistrates court but cannot be dealt with there
• Maximum jail term magistrates can impose is six months and this would be too lenient for these cases

Either way offences

• Include theft, sexual assault, GBH. These cases can be dealt with either at Crown court or Magistrates
• Magistrates may hear the case and decide it is too serious for them, and sent it to the Crown
• Regarded as less serious than indictable-only, but can still be distressing harmful crimes

Summary offences

• Comparatively minor offences
• Include common assault, drunkenness and speeding offences
• Dealt with by Magistrates courts unless defendant is facing both summary and an either way, or indictable only charges, a crown court may deal with all of them
• People charged with summary only have no right to a jury trial

Question 9

CLAIMANT VS DEFENDANT

Answer 9

Claimant
The person who brings an action in the civil court

Defendant
Criminal - a person who is accused of committing a crime
Civil - The person defending or denying; the party against whom relief or recovery is sought in an action or suit

Question 10

MULTIPLE BARRISTERS

Answer 10

Council

Question 11

MITIGATION

Answer 11

A plea for leniency in the sentence due to be imposed, citing extenuating circumstances, which is made in court by or on behalf of a convicted offender

Question 12

PLEA

Answer 12

A formal response by the defendant to the affirmative assertions of the plaintiff in a civil case or to the charges of the prosecutor in a criminal case.

Question 13

BAIL

Answer 13

The system by which a person awaiting trial, or appeal, may be freed by a court pending the next hearing

Question 14

PROCEEDINGS ARE ACTIVE WHEN

Answer 14

A person is arrested 
An arrest warrant is issued 
A summons is issued 
Person is charged verbally/orally 
A document specifying the charge s served on the accused 

Cease to be active when
Arrested person released without being charged
No arrest made within 12 months of the issue of an arrest warrant
Case discontinued
Defendant acquitted or sentenced
Defendant found unfit to be tried or please, or court orders the charge to lie on file

Question 15

INNUENDO VS INFERENCE

Answer 15

Innuendo
An apparently innocuous statement understood as defamatory by those with special knowledge, in other words it has a hidden meaning to those in the know

Inference
A statement with a secondary meaning which can be understood by someone without special knowledge, but who can read between the lines

Question 16

WHY MEDIA ORGANISATIONS RELUCTANT TO FIGHT DEFAMATION

Answer 16

Uncertain how the judge will interpret what is written
Difficulty in proving the truth
Huge damaged can be awarded if the case is lost
Massive legal costs paid by the loser
Might be better to settle out of court

Question 17

TYPES OF INJUNCTION

Answer 17

Injunctions

• In journalism to report in a balanced way, you will approach the subject/s of a story to get their side before we publish
• Sometimes they will seek an injunction from a judge to ban publication. Usually temporary until a court can consider the issue. Hearing will decide if injunction remains in place, is cancelled or lifted

Super injunctions

• Bans anyone from even mentioning that an injunction has been granted
• It is sometimes called a ‘non-publication’ injunction

Contra Mundum

• Injunction which prohibits anyone who knows about it reporting anything
• Therefore simply notifying the media means they are bound by it, without there having to be a further hearing

Question 18

ANONYMITY FAMOUS 5

Answer 18

Name  
Address 
School or place of education 
Workplace 
Image, moving or still

Question 19

KEY PHASES ANONYMITY ORDERS

Answer 19

Whether order is “validly made”

Whether orders are made in respect of individuals who are “concerned in the proceedings”

Whether an order is “actively made” or “automatically in place”

Whether anonymity is “lifelong” or “temporary”

Question 20

JUVENILES AND ANONYMITY

Answer 20

Age of criminal responsibility is 10 years old

Child aged under 10 cannot be prosecuted for a crime (other judicial processes will take place, however)

A child below this age cannot tell between right and wrong, the law says

A juvenile – is a child ages between 10 and up to, but not actually, 18 years of age

At 18 – in eyes of the law you are an adult

Question 21

CHARGE

Answer 21

A formal accusation. Giving offender basic details of alleged crime, may include date, place, details. Once someone is charged, proceedings are active and the case will be prosecuted at court.

Question 22

CLAIM FORM

Answer 22

The document which begins many types of civil action