The Fundamental Principles Of Law Flashcards
What is the idea that laws are properly enacted and clear in their purpose, and why is it so important
-Laws are formally agreed and the purpose of any law is clearly set out.
-It is essential that laws are passed and implemented through proper legal procedures.
-Laws should be clear in their intention.
What is the idea of legal certainty
-All laws in the UK must be applied in a precise and predictable manner.
-Citizens must believe that the law is fair, predicable and transparent. If they do they are more likely to obey.
What is the idea that there is equality and fairness in the law
-Everyone should have equal access to the justice system.
-Fairness means treating people equally; for example, first-time offenders who commit the same crime should receive the same treatment, regardless of their background.
-The law applies to everyone, including members of the royal family, who have faced court and convictions.
-The legal system should ensure all offences are treated consistently, without bias.
What is the idea that laws cannot be retrospective
-Legislation cannot be pre-dated.
-You cannot be tried for an action that was not unlawful at the time.
-Provides citizens with certainty about the law.
What’s the idea that there is a due legal process?
-The judicial system must operate as laid down in law. Certain rights are guaranteed: A fair trial, the right to defend oneself, the right to be represented, (if found guilty) the right to appeal.
-This is an important guarantee of a citizen’s rights and is fundamental to the operation of the justice system.
What is Justice?
The fair, impartial and consistent application of legal principles to protect rights, uphold equality, and ensure accountability within society.
What is presumption of innocence
The legal principle that every individual is considered innocent until proven guilty through fair and impartial legal proceedings.
What is trial by jury
A legal process where a group of impartial citizens determine the facts of a case and delivers a verdict, ensuring fairness and public participation in justice.
What is access to justice
Ensures that individuals can obtain fair and impartial resolution of their legal disputes through an effective, affordable, and accessible legal system.
What are the four roles that ordinary citizens can take part in within the justice system?
(Give their definitions)
Members of a jury: randomly selected citizens determine the outcome of a trial, an important citizenship duty.
Magistrates: ordinary citizens volunteer, determine most minor criminal cases in the magistrates courts.
Special constables: volunteers who support the work of full time police officers.
Police and crime commissioners: publicly elected officials who are responsible for the strategy and budget of a local police force.
What is a special constable
A volunteer who helps frontline police work
What is a police commissioner
An elected person who is responsible for area policing including the budget, council tax charged etc
What is a member in a tribunal heading
Someone on a judicial body who helps to decide disputes, they listen to evidence and question witnesses.
What is a magistrate?
Someone who acts as a judge in a law court that deals with crimes that are less serious. Ordinary people, no legal qualifications required, capacity to make fair decisions.
Who can be selected to be in a jury and what is their role?
Unpaid but they can receive compensation for travel, loss of earnings etc.
You are legally obliged to attend, £1000 fine for unreturned summons form or for not turning up, if you can’t do jury duty you must have a valid reason.
Between 18-76.
No serious or current criminal offences.
12 members of the public.
Listen to evidence, decide if the defendant is guilty or not guilty of the offence.
What are the advantages of having a jury?
Fundamental feature of democratic society.
Make decisions in secret, free from outside influence.
Make the legal system open as justice is done my members of the public.
Make decisions based on fairness, jury equity
Disadvantages of having a jury
Make up of people with prejudices
Jury tampering is a potential issue
Not legal experts
