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Law > The Legal System - Paper 1 Section A > Flashcards

The Legal System - Paper 1 Section A Flashcards

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1
Q

county courts

civil court

A
  • most civil claims up to £100,000
  • negligence, tresspassing, debt, housing
  • open court with a single judge
  • less legal argument
  • judge decideds compensation
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2
Q

appeal from county court to high court

civil courts

A

can go if its relevant to any section

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3
Q

appeal route from county court to court of appeal

civil court

A
  • goes if raises a point of principle
  • heard by circuit judge if orginally heard by district judge (&other way round)
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4
Q

high court - kings bench

civil court

A
  • over £100,000
  • more complicated laws
  • hear case stated appeals and application reviews
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5
Q

high court - chancery division

civil court

A
  • buisness, property, land & partnerships
  • claims and disputes over trust
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6
Q

high court - family

civil court

A
  • heard privately - sensitive
  • child marrage, abduction, forced marriage
  • if happens outside of country they will still hear it
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7
Q

appeal route from high court to court of appeal

civil courts

A
  • national important
  • sufficent importance (leapfrog)
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8
Q

court of appeal

civil court

A
  • leal grounds
  • rare for new evidence to be heard
  • has to be made within 21 days
  • can change or agree with decision
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9
Q

appeal route from court of appeal to supreme court

A
  • only goes if permission is granted
  • national importance
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10
Q

supreme court

civil court

A
  • only if genreal public are involved or new law
  • 12 judges in whole court
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11
Q

3 track sytem - small claims

civil court

A
  • under £10,000
  • under £1000 in injury
  • max 2-3hrs
  • no lawyers
  • informal
  • county court
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12
Q

3 track system - fast track

civil court

A
  • £10,000-£25,000
  • £50,000 in injury
  • 30 days
  • open court for 1 day
  • county court
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13
Q

3 track system - multi track

civil court

A
  • £25,000-£50,000
  • no time limit
  • formal
  • over £50,000 in injury
  • judge sets timetable ect
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14
Q

pre court procedures

civil court

A
    • alternative dispute resolution- way to solve dispute without court
  2. pre action protocols- prepare documents ect that the court expect
  3. which court to use- dpends on the claim
  4. issuing a claim- N1 form , a fee to pay for claim
  5. defending claim- dispute claim or amit liability
  6. track allocation- go to one of the three tracks
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15
Q

employment tribunals

civil court

A
  • prelimary matters-claim must be made within 3 months - contract arbitration service - see if there is a resolution - claim passed to employer
  • the hearing- held in indiviudual rooms - hear evidence in full or partial - might decide on day or in writing
  • appeal- 42 days to appeal, court of appeal or supreme court
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16
Q

ADR - negotiation

civil court

A
  • two parties talk prior to the court
  • no third party
  • two s
  • solicters can do it whilst in court

+ quick & cheap
- unlikely to reach an agreement

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17
Q

ADR - mediation

civil court

A
  • talk about dispute to an indepent 3rd party
  • doesnt give opinions
  • used lots in family law
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18
Q

ADR - conciliation

civil court

A
  • talk about dispute to 3rd party but 3rd party can give sugestion on how to solve
  • parties are together so may cause trauma and damadge relationships
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19
Q

arbitration

civil court

A
  1. arbitration act 1996 (section 1)
    * obtain fair resoltion of dispute without delay
    * parties decide who they work with
    * if they cant decide the court appoints it themselve (section 18)
  2. arbitration by contract - scott v avery clause - cant sue until you have done arbitration
  3. arbitration act 1996 (section 9)- court can order a stay if you dont follow arbitration rules
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20
Q

evaluations of ADR

civil court

A
  1. advantages
    * less hostile
    * parties have more control
    * cheaper and more flexable
    * experts in area
  2. disadvantages
    * not legally binding (dont have to follow)
    * emotionally stressful
    * unproductive
    * no appeal route
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21
Q

evaluations of civil courts

civil court

A
  1. advantages
    * productive
    * in public interest
    * impartial judge
    * good appeal route
  2. disadvantages
    * hostile
    * lenghty complex rules
    * slow - could get worst
    * judge is not specialised
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22
Q

advantages of arbitration

civil court

A
  1. parties can choose arbitrater - section 1 - gain confidence and takes away bias - process is easier
  2. private - public image is kept - big buisness can still carry on and not loose profit
  3. award enforced through court - legally binding
  4. reduce court workload - more thorrow procedings as they have the time
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23
Q

disadvanatages of arbitration

civil court

A
  1. no legal aid- those who cant afford wont get the same justice
  2. may be forced into it due to contract- more stress on those who dont want to go into it
  3. no appeal route- if not fair then you cant appeal - waste of money
  4. not always in publics best intrest- if involes public they wont find infomation out and can become restless
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24
Q

summary offence

criminal court

A
  • magitrates court
  • vandilsm, battery, assult, speeding
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25
Q

triable either way offence

criminal court

A
  • magistrates/crown court
  • theft, ABH
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26
Q

indictable

criminal court

A
  • crown court
  • murder, manslaughter, GBH, treason
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27
Q

magistrates court

criminal court

A
  • summares all cases - deals with first hearings
  • warrents for arrest and youth courts
  • small offences
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28
Q

appeal route for magistrates to crown court

criminal court

A
  • if pleaded guilty you can only appeal sentence
  • if pleaded not guilty you can appeal sentence and conviction
  • judge and 2 magistrates
  • can only change sentence to magistrates maxium powers
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29
Q

appeal route from magistrates to high court

criminal court

A
  • magistrates make lots of mistakes of law
  • can confirm, vary or reverse sentence
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30
Q

crown court

criminal court

A
  • triable either way or indcitable offences
  • plead gulity only a judge
  • plead not guilty a judge and jury
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31
Q

appeal route from crown court to high court

criminal court

A
  • by defendant- defendant must obtain leave - consider if new evidence would be admissable
  • by prosecutor- if jury was knobbled - new evidence in the intrest on the public
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32
Q

high court

criminal court

A

can only try a case through the appeal route

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33
Q

appeal route from the high court to the supreme court

criminal court

A
  • only if brings point of law or national importance
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34
Q

court of appeal

criminal court

A
  • decrease on increase sentence
  • allow, quash or dismiss
  • try with new jury
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35
Q

appeal route from court of appeal to supreme court

criminal court

A
  • if point of law is involved
  • must get leave
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36
Q

supreme court

criminal court

A
  • very unlikely
  • R V P (1919) - new law where raping your wife is a crime
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37
Q

pre trial procedures - summary offence

criminal court

A
  • first hearing- clerk takes name, adress and plea
  • plead guilty- consider sentence, hear what defendant has to say, annouce sentence
  • plead not guilty- magistates will try to discover the issue and set a trial date
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38
Q

pre trial procedures - triable either way

criminal court

A
  • first hearing- hear plea
  • plead guilty- automatically sent to magistates and decide sentence
  • plead not guilty- 1. magistrates decide where the case goes - defendant cant request crown court
    2. mode of trial- magistrates make decison where to go - look at law complexity - breach of trust and orgnised crime goes straight to crown court
    3. if accepted- defendant can decide magistates o crown court if they have a choice
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39
Q

pre trial procedures - indictable

criminal court

A
  • first hearing- magistrates take defendants identity and decide bail or custody and legal aid
  • crown court- “arraign” the defendant (take plea)- set trial date and timetable
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40
Q

aims of sentencing - punishment and retribution

criminal court

A
  • mean of revenge or vengence
  • prison or heavy fine
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41
Q

aims of sentencing - deterrance

criminal court

A
  • discourage future criminal acts through fear of consequence
  • prison , heavy fine , community service (max 300hr)
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42
Q

aims of sentencing - reform and rehabilitation

criminal court

A
  • criminal behavouir back to normal through support
  • community service, suspended prison sentence
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43
Q

aims of sentencing - protection of the public

criminal court

A
  • criminal makes amends for their actions
  • fine , community service
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44
Q

aims of sentencing - denuciation

criminal court

A
  • public or judical condemnation through punishment
  • prison, heavy fine or community sentence
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45
Q

factors in sentencing - aggravating

criminal court

A
  • previous convictions
  • racial, relegious, disabilities or sexual oritation
  • pleaded not guilty
  • theft - how much theyve stollen
  • assult - extent of injury
  • wether several offenders are convicted - who played biggest part
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46
Q

factors in sentencing - mitigation

criminal court

A
  • no previous convictions
  • shows genuine remorse
  • taking minor part in the offence
  • mental illnes or disability
  • pleading guilty
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47
Q

other factors in sentencing

criminal court

A
  • previous convictions
  • pre-sentence report
  • medical report
  • finacial situations
  • sentecning guidlines
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48
Q

types of sentencing (custodial sentence) - suspened sentence

criminal court

A
  • dont go to prison if they comply to rules and no more offences
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49
Q

types of sentencing (custodial sentence) - manditory life sentence

criminal court

A
  • 21 or older is convicted of murder is sentenced to 10 life sentences
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50
Q

types of sentencing (custodial sentence) - discretionary sentence

criminal court

A
  • manslaughter
  • GBH
  • rape
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51
Q

types of sentencing (custodial sentence) - fixed term sentence

criminal court

A
  • determate sentence with fixed length of time
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52
Q

types of sentencing (custodial sentence) - intermittent sentence

criminal court

A
  • the sentence is served on an intermittent basis
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53
Q

types of sentencing (custodial sentence) - minimum sentence

criminal court

A
  • 7 years for 3rd class drugs
  • 3ys for 3rd buglary
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54
Q

types of sentencing (community order) -unpaid work requirement

criminal court

A
  • 40-300hrs of unpaid work to charity
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55
Q

types of sentencing (community order) - activity requirments

criminal court

A
  • under go training or education to gain qualifitcation
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56
Q

types of sentencing (community order) - programe requirment

criminal orders

A
  • programe which is desgined to adress behavour
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57
Q

types of sentencing (community order) - prohibted activet requirments

criminal court

A
  • not allowed at certain activities - football games ect
58
Q

types of sentencing (community order) - curfew requirment

criminal court

A
  • 2-16hrs per day with tag
  • exclusive requirment to a place
59
Q

types of sentencing (community orders) - exclusive requirment

criminal court

A
  • prohibited from a place for max 2yrs
60
Q

types of sentencing (community order) - residence requirment

criminal court

A
  • must reside at specif place
61
Q

types of sentencing (community order) - mental health treatment

ciminal courr

A
  • undergo treatment to improve behaviour
62
Q

types of sentencing (community order) - drug rehabilitiation requirment

criminal court

A
  • programme which will decrease drug offence
63
Q

types of sentencing (community order) - alchol treatment requirments

criminal court

A
  • 6m-3yrs to reduce intake of alchol induced offences
64
Q

types of sentencing (community order) -supervision requirment

criminal court

A
  • meet with prohibation offecer who can help motivate good behaviour
65
Q

types of sentencing (community order) - attendance centre requirment 25 and younger

criminal court

A
  • attend centre instead of going to prison
66
Q

types of sentencing (community order) - fines

criminal court

A
  • magistartes - £5000
  • crown court- unlimited
67
Q

types of sentencing (community order) - discharge (conditional)

criminal court

A
  • realised on condition if no other offence for 3 years
68
Q

types of sentencing (community order) - discharge (absolute)

criminal court

A
  • no penalty
  • technically guilty but morally blameless
69
Q

evaluations of sentencing

criminal court

A
  1. prison population
    * weakness - overcrowding
    * can lead to less privacy which can cause more violent/hostile behavoir
  2. prison sentence
    * justice for public and victum
    * sends clear message to society
  3. reoffenfing
    * detterrancecan put fear into the offender which can lead to better behavour
    * fear of reoffending
70
Q

magistrates

criminal court

A
  • unpaid volenters
  • 26 half days a year
  • pannels of 3 (2 wingers & 1 chair)
71
Q

first requirement of magistrtes

criminal court

A

must have the following characteristics
1. good character
2. understanding & communication
3. social awarness
4. maturity & sound temperent
5. sound judgement
6. commitment & reliabilty

72
Q

secound requiremnt of magistrates

criminal court

A

formal requirments
1. age: 18-70yrs
2. area: local knowledge
3. commitment: 26 half days

73
Q

third requirment for magistrates

criminal court

A

willing to take an oath of allegiance

74
Q

fourth requirment of magistrates

criminal court

A

disclose any convictions or civil orders (no matter how minor or long ago)
expect minoe traffic offence

75
Q

who cant be a magistrate

criminal court

A
  • people with bad chRcter and personal standing
  • bankrupt
  • serving member of his majestys force
  • member of the police force
  • traffic warden
  • close relative to those two jobs
  • relative of a magistrate of the same bench
  • disabilty that can effect duties
76
Q

appoitment proccess for magistrates

criminal court

A
  1. lord chancellor appoints magistrates with help of** local advisory committees**
  2. the lac are made of magistrates, ex magistrates and normal people
  3. fill in a form online with all your details and why you want to be a magistrate
77
Q

selection process of becoming a magistrate

criminal court

A
  • lac will interview potential magistrates
  • send a list of potential to lord chancellor
  • first interview is finsing out personal attributes and 6 key characteristics and various views on criminal issues
  • secound intervew is presenting them wit case studies of normal cases heard in magistrates
78
Q

magistrates work - judical work (judge/case decisions)

criminal court

A
  1. committal proccedings
    * responsible for intial hearing and sending case to right court
    * may commit for trail if belived to be in their power
  2. trying cases
    * try all summar offences & high proportion of either way offences
    * in summary cases they are the judge and give a conviction and sentice
    * if triable either way magistrates may belive their power is to little
79
Q

magistrates work - adminstrative

criminal court

A
  1. warrants
    * issue a search warrant or a warrent to arrest a suspect
  2. bail
    * decide if bail or reminaing in custody
  3. appeal
    * 2 sit in cc with judge to hear appeal from mag
    * have equal vote but should go with judge
  4. training
  5. community work
    * will visit prisons and schools
80
Q

magistrates work - specialist

criminal court

A
  1. youth court
    * specially trained in youth courts
  2. family proceedings court
    * wide range of domestic issues
81
Q

appotment of jury

criminal court

A
  • selected at random - used electoral system
  • 15 are chosen and 12 are selected - 15 stay for whole time
  • vetted by both pros & def - DBS & authorised jury check (personal info)
82
Q

challanged the jury

criminal court

A
  • to the array - whole jury due to a bias or unreprosentive
  • for cause - an individual
  • prosectuiton right to stand by
83
Q

qualification of jury

criminal court

A
  • 18-76 years old
  • resident of UK
  • hospital care
84
Q

disqualifications of jury

criminal court

A
  • criminal convictions
  • on bail
  • banned for 10yrs if imprisoned
  • extented sentence
85
Q

role of the jury - deliberation

criminal court

A
  • deciding decison
  • judge only directs points of law and if they believe D is not guilty
  • jury retire to a private room to decide
  • anomous deciscion only after 2 or more hours of deliberation
86
Q

role of jury - within trial

criminal court

A
  • jury will be shown evidence - hear from witness and relevant evidence
  • listen to defendants side and their version of events
  • jury can ask questions to the judge via the usher
87
Q

role of the jury - verdicts

criminal court

A
  • if after 2 hours or more the jury havent made a whole verdict - judge will call them back in to make a majority verdict
  • must announce numbers in open court - judge makes sure its legally allowed
88
Q

advantages of juries

criminal court

A
  1. public confidence
    * reprosents the people of society
    * normal people who will have to live with the “criminal”
    * gives the public confidence
  2. randomly selected
    * control bias - may be a bias but easily delt with
    * have different opions that can bring the best justive
89
Q

disadvantages of jury

criminal court

A
  1. perverse decisions
    * r v young - ouiji board to talk to dead to ask if killed
    * go against the law
    * may be idfferent for every case
  2. lack of legal understanding
    * faud trials are extremely comfusing and have high levels of law
    * may make mistake if they dont understand
    * may be out of their depth
90
Q

inns of court

legal proffesionals

A

somewhere where all barristers register and they help train them

91
Q

right of audience

legal proffesionals

A

a right to appear and conduct proceedings in law

92
Q

cab rank rule

legal proffesionals

A

barristers cant refuse work

93
Q

direct accses

legal proffesionals

A

a scheme which qualifies barristers to take instructions directly form client

94
Q

advocacy

legal proffesionals

A

presenting a clients case in court

95
Q

litigation

legal proffesionals

A

process of taking legal action

96
Q

chartered legal executive

legal proffesionals

A
  • solicter that specialeses in an area of law
  • right to partnerships in law firms and judical appoitment
  • work mainly wit solicters
97
Q

solicters

legal proffesionals

A
  • provide advice and guide clients
  • law firms
  • jobs differ depending on area of law
  • draft letters and contracts
  • act on behalf of client in negotiations
  • little advocay rights
98
Q

barristers

legal proffesionals

A
  • reprosent clients in court
  • sel employed
  • settle negotations and write advice letters
  • called junior when quailifed
  • kings council after 10 years you can apply
99
Q

regulation of legal personnel

legal proffessionals

A
  • solicitors regulatory authority
  • liabilty
  • legal ombudsman
  • CILEX reulation board
  • bar standards board
  • liabilty in contract and negligence
100
Q

regulation of legal personnel - solicitors regulatory authority

legal proffesionals

A
  • deal with complaints
  • invastigate and if serious will be taken to solictor disiplinary tribunal
  • can be fined, reprimend or suspended
  • can stop a solicter from ever practicing again
101
Q

regulation of legal personnel - liability

legal proffesional

A
  • eneters contract with client on direct accses scheme - client can sue for breach of contract
  • sollicter can be liable in negligence to people who werent their client but affected by ther negligence
102
Q

regulation of legal personnel - legal ombudsman

legal proffesional

A
  • investigates complaits about lawyers
  • request any data if neccesary
  • solve complications between clients and lawyers
103
Q

regulation of legal personnel - bar standards board

legal proffesional

A
  • code of conduct B have to follow
  • investiate alleged breaches
  • disipline barristers - go back to training, fine , suspend up to 3yrs, disbar
  • if barrister not happy can make a complaint to legal ombudsman
104
Q

regulation of legal personnel - CILEx regulation board

legal proffesionals

A
  • give advice and education
  • all legal people are in it
  • guide for good practice
  • deals with compliaints - miscondcut and can refer to disciplintry tribunal
105
Q

regulation of legal personnel - liability in contract and negligence

legal professional

A
  • contrcat between client and solicter
  • if client doesnt pay solicter can sue
  • client can sue if breach on contract
  • can be sued if someone other than their client is affected by their work - white v jones - father wanted will, solicter didnt reply and father died before will could be done, daughter didnt get inheritance so sued for the money
106
Q

inferior judge

legal professional

A
  • trial courts
  • disctrict judge
  • circiuit judge
  • tribunal judge
107
Q

superiror judge

legal professional

A
  • appeal courts
  • lord justice of appeal
  • lord cheif justice
  • justice of supreme court
108
Q

why do we have judical independance?

legal professional

A
  • freedon from pressure
  • no bias
  • good for democracy
  • prevents tyrany
109
Q

how do we have judical independance?

legal professional

A
  • “seperation of power”
  • secruity of tenure
  • rule of law
  • imunity of suit
  • independance from case
  • judical review
  • human rights law
110
Q

judical independance - seperation of power

legal professional

A
  • branches of government are not dependant of eachother
  • none is to dominant over the other
  • are seperate from legislature and executive
  • differnent people and independantly appointed
111
Q

judiciary independance - secruity of tenure

legal professional

A
  • cant be fired by the government
  • apponited for life
  • can only be fired by monarch
112
Q

judicial independance - rule of law

legal professional

A
  • no one is above the law
  • everyone is equal in the eye of the law
  • laws should be clear and not constantly changing
113
Q

judical indpendance - immunity of suit

legal professional

A
  • can not sue a judge for their legal decisions
  • no fear for the judge
  • sirros v moore - defendant tried to sue a judge for making the guilty
114
Q

judical independace - independance from the case

legal professional

A
  • must declare independence
  • have to step down if you have any connection
  • R v Pinochet - defendant was on trial for human rights, judge was a patron for human rights chariety and he didnt declare - re did the case
115
Q

judical independence - judical review

legal professional

A
  • power of high court judge to decide if a government law is legal or not
116
Q

judical indepence - human rights act

legal professional

A
  • judges can declare governement to change/ make an act for the better of the public
117
Q

recent changes to judical system - consitutional reform act 2005

legal proffesional

A
  • supreme court made
  • lord cheif justice
  • formal meetings between governemnt and judicary
118
Q

high court judge

legal proffesional

A
  • high court
  • superior
  • try serious criminal cases & civil case
  • appointed by the monarch
119
Q

lord justice of appeal (civil)

legal proffesional

A
  • court of appeal
  • superior
  • hear appeals from all the courts
  • appointed by the monarch
120
Q

justice of the supreme court

legal proffesional

A
  • supreme court
  • superior
  • give the ultimate check of the uk law
  • rule on what a law is
  • appointed by the monarch
121
Q

district judge (criminal)

legal proffesional

A
  • magistrates court
  • inferior
  • hear small criminal cases, youth court
  • hear cases alone
  • appointed by king on recomendation of lord chancellor
  • 5 year right of audience
122
Q

circuit judge (civil)

legal proffesional

A
  • county court
  • inferior
  • deal with civil cases & hear family law
  • right of audience 7yrs
  • appointed by the king
123
Q

circuit judge (criminal)

legal proffesional

A
  • crown court
  • inferior
  • criminal cases
  • can sit in appeals to defend their qualifcations
  • 7yrs right of audience
124
Q

lord chief justice

legal proffesional

A
  • supreme court
  • supiror
  • head of judicary
  • reprosents views of supreme court to parliment
125
Q

district judge (civil)

legal proffesional

A
  • county court
  • inferior
  • small claims cases (child custody)
  • deal with 80% of all cases
  • full or part time
126
Q

lord justice of appeal (criminal)

legal proffesional

A
  • court of appeal
  • supiror
  • hears all appeals
  • appointed of king
  • qualified as solicter and barrister
127
Q

reasons for access to justice

access to justice

A
  • legal protection regardless of social status
  • keeps gov in check - not taking adv of lower class
  • conflicts can be solved
  • human rights
  • overcome barriers
  • right reprosentation
128
Q

legal aid 2012

access to justice

A
  • assistance to those who cant afford legal reprosentation
  • pro bono barristers (volenterrs)
  • pay (full or partial)
  • mean tested - income , eligiby criteara (areas of law)(widgery critera)
  • laspo act 2012
129
Q

lasp act 2012

access to justice

A
  • fund civil legal advice
  • run the public defender service
  • availble to genreal public
130
Q

interest for justice (criminal)

access to justice

A
  • outcome of the case
  • loss of liberty
  • cant understand the case
131
Q

means and merit testing

access to justice

A
  • means - D & partners income will be considered , if on benifts automatic
  • merits - any previous convitctions , more serious (going to be guilty)
132
Q

private funding

access to justice

A
  • own money
  • loan
  • insurance - if you need to litigate they will pay , house insurance , car insurance
  • conditional fee agreements (no win no pay) - win fees are high , socolicters will take winable cases
  • trade unions substricptions
133
Q

advantages of access to justice (criminal)

access to justice

A
  • free advice is vital as when arrested they have no access to documents
  • paying youself gives you the best pick
  • free 24hr advice
  • direct access
134
Q

disadvantages of access to justice (criminal & civil)

access to justice

A
  • funding cut - adive dessert
  • strict means testing - 3/4 dont get legal aid
  • law ferms not doing pro bono
  • only give advice if they think thye will win
135
Q

advantages of access to justice (civil)

access to justice

A
  • unable to pay - legal aid
  • can choose expirenced lawyers
  • trade unions
  • no relying on lawyers
136
Q

disadvanatges of access to justice (civil)

access to justice

A
  • lawyers can estimate fee so may pay more in the end
  • funding is cut
137
Q

sources of advice - citizens adivice bureaux

access to justice

A
  • give legal adive to those who seek it
  • can be over the phone or face to face
  • free
  • campaign for local communites
  • help with debt
138
Q

sources of advice - law centres

access to justice

A
  • deal with socil welfare
  • free
  • over the phone or face to face
  • based in cities with high poverty rate
139
Q

sources of advice - bar pro bono unit

access to justice

A
  • help people who arent eligble for state funded advice
  • not suitsitute for legal aid
  • free
  • one off advice
  • prepares documnets
  • research
140
Q

sources of advice - trade unions

access to justice

A
  • basic advice - tell people their best options
  • free
  • legal advice for anything
  • NEV , RMT , BMA
141
Q

sources of advice - civil leagl advice

access to justice

A
  • deal with range of issues - dsicriminations , domestic violence , death
  • not free unless have legal aid
  • phone or post
142
Q

sources of advice - charities

access to justice

A
  • deal with fraud , finical crime and abuse
  • pro bono
  • face to face or over the phone
  • gingerbread offers - advice for single/shared parents
  • shelter offers - housing/homelessness

Law (4 decks)

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