the law and legal system Flashcards
what is the definition of a law?
a compulsory rule that everyone must follow
give 3 reasons why it’s important to have laws
- keep everyone safe
- without laws, people wouldn’t know what to expect of others in society
- without laws, people would find it difficult to trust others
what is prejudice?
beliefs that one group or aspect of identity is better/worse than another
what is negative discrimination?
when a person acts on a prejudice belief and treats a person unfairly - often causes harm and creates a situation that limits/restricts an individual/group
what is direct discrimination?
obvious and deliberate
what is positive discrimination?
actions which are intended to improve a person’s/group’s situation and directly counter the prejudice they face (e.g a teacher giving boys extra time for a test because girls on the whole do better than boys)
what is indirect discrimination?
not directly intended but actions lead to a person/group being restricted in some way (e.g a school trying to be inclusive but not having the resources for a certain student’s needs)
state 2 legal duties in the 2010 equality act
- employers have a legal duty to ensure that their employees with a ‘protected characteristic’ are protected from harrassment
- employers have a legal duty to ensure employees don not discriminate against a fellow worker because of a protected characteristic
there are 9 protected characteristics - state 4 of them
age, disability, race, religion/belief, sex, marriage/civil partnership, gender reassignment, pregnancy/maternity, sexual orientation
how do you make a complaint under the equality act 2010?
- keep a record of relevant events
- seek advice (e.g from trade union, solicitor, etc.)
- speak to a boss/supervisor to sort out the problem
- use the company’s grievance procedure (the official complaint)
- go through professional mediation if the matter isn’t solved through the grievance procedure
- take legal action through an employment tribunal for an independent judgement - must be done within 3 months of the initial problem occurring
people must be seen as _______________
innocent until proven guilty
state 2 things that the defendant does not have to do
- answer questions in a police station
- provide a defence case statement
- give evidence at their trial
- provide an explanation for any issues raised by the prosecution
- answer questions asked by the prosecution
what are juries allowed to take into consideration when reaching their verdict?
a defendant’s silence
why do most defendants choose to make some response to charges against them?
the jury can take their silence into consideration when reaching a verdict of ‘guilty’ or ‘not guilty’
what are all defendants entitled to?
legal representation - this should be provided by the state through legal aid (especially if they can’t afford a lawyer)
name 2 things that defendants have the right to
- attend court and question witnesses
- appeal to a higher court
- legal representation
name 2 things that defendants have the right to
- attend court and question witnesses
- appeal to a higher court
- legal representation
state 2 areas of civil law
- human rights law
- family law
- environmental law
- land law
- EU law
- tax law
how certain does a jury need to be within a criminal case?
95% certain
how certain does a jury need to be within a civil case?
51% certain
which court deals with a civil case?
county court, family court, tribunal, high court
what happens to the victim in a civil case?
if they win, they’ll receive compensation and may have legal costs paid for. if they lose, they’re likely to have to pay the winner’s legal fees
who takes a criminal case to court?
usually the CPS (crown prosecution service)
which court deals with a criminal case?
magistrates’ court, crown court
what happens to the wrongdoer within a criminal case?+
receive punishment - community orders, fines, imprisonment, etc.
what types of cases does the crown court deal with?
serious - e.g murder, rape, robbery
who determines the sentence in a crown court?
judge
who hears the cases in a magistrates court?
either a judge, or 3 magistrates
who hears the cases in a magistrates court?
either a judge, or 3 magistrates
is there a jury in a magistrates court?
no
what did the supreme court replace?
the house of lords
the court of appeal consists of which 2 divisions?
civil and criminal
where will criminals go as their punishment in youth courts?
usually a youth detention centre as they’re under 18
what is parliamentary supremacy?
parliament is the superior power in the UK - it has the ability to make/amend laws
why does the case of Cheney vs Conn (1968) support supremacy of parliament?
a person argued that their tax was being used to make nuclear weapons (illegal). the court argued applied the Finance Act in 1964 and claimed nothing illegal had happened, as later law is supreme.
give an example of primary legislation.
HRA 1998, Parliament Act 1911, War Damage Act 1965
can secondary legislation be challenged?
yes, by judicial review
