The Legal System - Paper 1 Section A Flashcards
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
2
Q
appeal from county court to high court
civil courts
A
can go if its relevant to any section
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)
4
Q
high court - kings bench
civil court
A
- over £100,000
- more complicated laws
- hear case stated appeals and application reviews
5
Q
high court - chancery division
civil court
A
- buisness, property, land & partnerships
- claims and disputes over trust
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
7
Q
appeal route from high court to court of appeal
civil courts
A
- national important
- sufficent importance (leapfrog)
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
9
Q
appeal route from court of appeal to supreme court
A
- only goes if permission is granted
- national importance
10
Q
supreme court
civil court
A
- only if genreal public are involved or new law
- 12 judges in whole court
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
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
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
14
Q
pre court procedures
civil court
A
- alternative dispute resolution- way to solve dispute without court
- pre action protocols- prepare documents ect that the court expect
- which court to use- dpends on the claim
- issuing a claim- N1 form , a fee to pay for claim
- defending claim- dispute claim or amit liability
- track allocation- go to one of the three tracks
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
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
17
Q
ADR - mediation
civil court
A
- talk about dispute to an indepent 3rd party
- doesnt give opinions
- used lots in family law
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
19
Q
arbitration
civil court
A
-
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) - arbitration by contract - scott v avery clause - cant sue until you have done arbitration
- arbitration act 1996 (section 9)- court can order a stay if you dont follow arbitration rules
20
Q
evaluations of ADR
civil court
A
-
advantages
* less hostile
* parties have more control
* cheaper and more flexable
* experts in area -
disadvantages
* not legally binding (dont have to follow)
* emotionally stressful
* unproductive
* no appeal route
21
Q
evaluations of civil courts
civil court
A
-
advantages
* productive
* in public interest
* impartial judge
* good appeal route -
disadvantages
* hostile
* lenghty complex rules
* slow - could get worst
* judge is not specialised
22
Q
advantages of arbitration
civil court
A
- parties can choose arbitrater - section 1 - gain confidence and takes away bias - process is easier
- private - public image is kept - big buisness can still carry on and not loose profit
- award enforced through court - legally binding
- reduce court workload - more thorrow procedings as they have the time
23
Q
disadvanatages of arbitration
civil court
A
- no legal aid- those who cant afford wont get the same justice
- may be forced into it due to contract- more stress on those who dont want to go into it
- no appeal route- if not fair then you cant appeal - waste of money
- not always in publics best intrest- if involes public they wont find infomation out and can become restless
24
Q
summary offence
criminal court
A
- magitrates court
- vandilsm, battery, assult, speeding
25
triable either way offence
| criminal court
* magistrates/crown court
* theft, ABH
26
indictable
| criminal court
* crown court
* murder, manslaughter, GBH, treason
27
magistrates court
| criminal court
* summares all cases - deals with first hearings
* warrents for arrest and youth courts
* small offences
28
appeal route for magistrates to crown court
| criminal court
* 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
29
appeal route from magistrates to high court
| criminal court
* magistrates make lots of mistakes of law
* can confirm, vary or reverse sentence
30
crown court
| criminal court
* triable either way or indcitable offences
* plead gulity only a judge
* plead not guilty a judge and jury
31
appeal route from crown court to high court
| criminal court
* **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
32
high court
| criminal court
can only try a case through the appeal route
33
appeal route from the high court to the supreme court
| criminal court
* only if brings point of law or national importance
34
court of appeal
| criminal court
* decrease on increase sentence
* allow, quash or dismiss
* try with new jury
35
appeal route from court of appeal to supreme court
| criminal court
* if point of law is involved
* must get leave
36
supreme court
| criminal court
* very unlikely
* R V P (1919) - new law where raping your wife is a crime
37
pre trial procedures - summary offence
| criminal court
* **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
38
pre trial procedures - triable either way
| criminal court
* **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
39
pre trial procedures - indictable
| criminal court
* **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
40
aims of sentencing - punishment and retribution
| criminal court
* mean of revenge or vengence
* prison or heavy fine
41
aims of sentencing - deterrance
| criminal court
* discourage future criminal acts through fear of consequence
* prison , heavy fine , community service (max 300hr)
42
aims of sentencing - reform and rehabilitation
| criminal court
* criminal behavouir back to normal through support
* community service, suspended prison sentence
43
aims of sentencing - protection of the public
| criminal court
* criminal makes amends for their actions
* fine , community service
44
aims of sentencing - denunciation
| criminal court
* public or judical condemnation through punishment
* prison, heavy fine or community sentence
45
factors in sentencing - aggravating
| criminal court
* 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
46
factors in sentencing - mitigation
| criminal court
* no previous convictions
* shows genuine remorse
* taking minor part in the offence
* mental illnes or disability
* pleading guilty
47
other factors in sentencing
| criminal court
* previous convictions
* pre-sentence report
* medical report
* finacial situations
* sentecning guidlines
48
types of sentencing (custodial sentence) - suspened sentence
| criminal court
* dont go to prison if they comply to rules and no more offences
49
types of sentencing (custodial sentence) - manditory life sentence
| criminal court
* 21 or older is convicted of murder is sentenced to 10 life sentences
50
types of sentencing (custodial sentence) - discretionary sentence
| criminal court
* manslaughter
* GBH
* rape
51
types of sentencing (custodial sentence) - fixed term sentence
| criminal court
* determate sentence with fixed length of time
52
types of sentencing (custodial sentence) - intermittent sentence
| criminal court
* the sentence is served on an intermittent basis
53
types of sentencing (custodial sentence) - minimum sentence
| criminal court
* 7 years for 3rd class drugs
* 3ys for 3rd buglary
54
types of sentencing (community order) -unpaid work requirement
| criminal court
* 40-300hrs of unpaid work to charity
55
types of sentencing (community order) - activity requirments
| criminal court
* under go training or education to gain qualifitcation
56
types of sentencing (community order) - programe requirment
| criminal orders
* programe which is desgined to adress behavour
57
types of sentencing (community order) - prohibted activet requirments
| criminal court
* not allowed at certain activities - football games ect
58
types of sentencing (community order) - curfew requirment
| criminal court
* 2-16hrs per day with tag
* exclusive requirment to a place
59
types of sentencing (community orders) - exclusive requirment
| criminal court
* prohibited from a place for max 2yrs
60
types of sentencing (community order) - residence requirment
| criminal court
* must reside at specif place
61
types of sentencing (community order) - mental health treatment
| ciminal courr
* undergo treatment to improve behaviour
62
types of sentencing (community order) - drug rehabilitiation requirment
| criminal court
* programme which will decrease drug offence
63
types of sentencing (community order) - alchol treatment requirments
| criminal court
* 6m-3yrs to reduce intake of alchol induced offences
64
types of sentencing (community order) -supervision requirment
| criminal court
* meet with prohibation offecer who can help motivate good behaviour
65
types of sentencing (community order) - attendance centre requirment 25 and younger
| criminal court
* attend centre instead of going to prison
66
types of sentencing (community order) - fines
| criminal court
* magistartes - £5000
* crown court- unlimited
67
types of sentencing (community order) - discharge (conditional)
| criminal court
* realised on condition if no other offence for 3 years
68
types of sentencing (community order) - discharge (absolute)
| criminal court
* no penalty
* technically guilty but morally blameless
69
evaluations of sentencing
| criminal court
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
magistrates
| criminal court
* unpaid volenters
* 26 half days a year
* pannels of 3 (2 wingers & 1 chair)
71
first requirement of magistrtes
| criminal court
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
secound requiremnt of magistrates
| criminal court
formal requirments
1. age: 18-70yrs
2. area: local knowledge
3. commitment: 26 half days
73
third requirment for magistrates
| criminal court
willing to take an oath of allegiance
74
fourth requirment of magistrates
| criminal court
disclose any convictions or civil orders (no matter how minor or long ago)
expect minoe traffic offence
75
who cant be a magistrate
| criminal court
* 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
appoitment proccess for magistrates
| criminal court
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
selection process of becoming a magistrate
| criminal court
* 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
magistrates work - judical work (judge/case decisions)
| criminal court
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
magistrates work - adminstrative
| criminal court
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
magistrates work - specialist
| criminal court
1. **youth court**
* specially trained in youth courts
2. **family proceedings court**
* wide range of domestic issues
81
appotment of jury
| criminal court
* 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
challanged the jury
| criminal court
* **to the array** - whole jury due to a bias or unreprosentive
* **for cause** - an individual
* prosectuiton right to stand by
83
qualification of jury
| criminal court
* 18-76 years old
* resident of UK
* hospital care
84
disqualifications of jury
| criminal court
* criminal convictions
* on bail
* banned for 10yrs if imprisoned
* extented sentence
85
role of the jury - deliberation
| criminal court
* 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
role of jury - within trial
| criminal court
* 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
role of the jury - verdicts
| criminal court
* 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
advantages of juries
| criminal court
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
disadvantages of jury
| criminal court
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
inns of court
| legal proffesionals
somewhere where all barristers register and they help train them
91
right of audience
| legal proffesionals
a right to appear and conduct proceedings in law
92
cab rank rule
| legal proffesionals
barristers cant refuse work
93
direct accses
| legal proffesionals
a scheme which qualifies barristers to take instructions directly form client
94
advocacy
| legal proffesionals
presenting a clients case in court
95
litigation
| legal proffesionals
process of taking legal action
96
chartered legal executive
| legal proffesionals
* solicter that specialeses in an area of law
* right to partnerships in law firms and judical appoitment
* work mainly wit solicters
97
solicters
| legal proffesionals
* 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
barristers
| legal proffesionals
* 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
regulation of legal personnel
| legal proffessionals
* solicitors regulatory authority
* liabilty
* legal ombudsman
* CILEX reulation board
* bar standards board
* liabilty in contract and negligence
100
regulation of legal personnel - solicitors regulatory authority
| legal proffesionals
* 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
regulation of legal personnel - liability
| legal proffesional
* 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
regulation of legal personnel - legal ombudsman
| legal proffesional
* investigates complaits about lawyers
* request any data if neccesary
* solve complications between clients and lawyers
103
regulation of legal personnel - bar standards board
| legal proffesional
* 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
regulation of legal personnel - CILEx regulation board
| legal proffesionals
* 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
regulation of legal personnel - liability in contract and negligence
| legal professional
* 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
inferior judge
| legal professional
* trial courts
* disctrict judge
* circiuit judge
* tribunal judge
107
superiror judge
| legal professional
* appeal courts
* lord justice of appeal
* lord cheif justice
* justice of supreme court
108
why do we have judical independance?
| legal professional
* freedon from pressure
* no bias
* good for democracy
* prevents tyrany
109
how do we have judical independance?
| legal professional
* "seperation of power"
* secruity of tenure
* rule of law
* imunity of suit
* independance from case
* judical review
* human rights law
110
judical independance - seperation of power
| legal professional
* 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
judiciary independance - secruity of tenure
| legal professional
* cant be fired by the government
* apponited for life
* can only be fired by monarch
112
judicial independance - rule of law
| legal professional
* no one is above the law
* everyone is equal in the eye of the law
* laws should be clear and not constantly changing
113
judical indpendance - immunity of suit
| legal professional
* 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
judical independace - independance from the case
| legal professional
* 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
judical independence - judical review
| legal professional
* power of high court judge to decide if a government law is legal or not
116
judical indepence - human rights act
| legal professional
* judges can declare governement to change/ make an act for the better of the public
117
recent changes to judical system - **consitutional reform act 2005**
| legal proffesional
* supreme court made
* lord cheif justice
* formal meetings between governemnt and judicary
118
high court judge
| legal proffesional
* high court
* superior
* try serious criminal cases & civil case
* appointed by the monarch
119
lord justice of appeal (civil)
| legal proffesional
* court of appeal
* superior
* hear appeals from all the courts
* appointed by the monarch
120
justice of the supreme court
| legal proffesional
* supreme court
* superior
* give the ultimate check of the uk law
* rule on what a law is
* appointed by the monarch
121
district judge (criminal)
| legal proffesional
* 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
circuit judge (civil)
| legal proffesional
* county court
* inferior
* deal with civil cases & hear family law
* right of audience 7yrs
* appointed by the king
123
circuit judge (criminal)
| legal proffesional
* crown court
* inferior
* criminal cases
* can sit in appeals to defend their qualifcations
* 7yrs right of audience
124
lord chief justice
| legal proffesional
* supreme court
* supiror
* head of judicary
* reprosents views of supreme court to parliment
125
district judge (civil)
| legal proffesional
* county court
* inferior
* small claims cases (child custody)
* deal with 80% of all cases
* full or part time
126
lord justice of appeal (criminal)
| legal proffesional
* court of appeal
* supiror
* hears all appeals
* appointed of king
* qualified as solicter and barrister
127
reasons for access to justice
| access to justice
* 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
legal aid 2012
| access to justice
* 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
lasp act 2012
| access to justice
* fund civil legal advice
* run the public defender service
* availble to genreal public
130
interest for justice (criminal)
| access to justice
* outcome of the case
* loss of liberty
* cant understand the case
131
means and merit testing
| access to justice
* means - D & partners income will be considered , if on benifts automatic
* merits - any previous convitctions , more serious (going to be guilty)
132
private funding
| access to justice
* 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
advantages of access to justice (criminal)
| access to justice
* 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
disadvantages of access to justice (criminal & civil)
| access to justice
* 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
advantages of access to justice (civil)
| access to justice
* unable to pay - legal aid
* can choose expirenced lawyers
* trade unions
* no relying on lawyers
136
disadvanatges of access to justice (civil)
| access to justice
* lawyers can estimate fee so may pay more in the end
* funding is cut
137
sources of advice - citizens adivice bureaux
| access to justice
* 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
sources of advice - law centres
| access to justice
* deal with socil welfare
* free
* over the phone or face to face
* based in cities with high poverty rate
139
sources of advice - bar pro bono unit
| access to justice
* help people who arent eligble for state funded advice
* not suitsitute for legal aid
* free
* one off advice
* prepares documnets
* research
140
sources of advice - trade unions
| access to justice
* basic advice - tell people their best options
* free
* legal advice for anything
* NEV , RMT , BMA
141
sources of advice - civil leagl advice
| access to justice
* deal with range of issues - dsicriminations , domestic violence , death
* not free unless have legal aid
* phone or post
142
sources of advice - charities
| access to justice
* 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
