Theme B Flashcards
What is Rule of Law
Rules that all people in society follow without exception
No one is above the law, it applies to everyone, even legislators
What us the purpose of law
Protection Fairness Order Punishment Deterrent Change behaviour Settle issues
Why do laws change
Our values change
Technology changes
In response
What is equality before the law
The law applies equally to everyone
All citizens have the right to:
Respect without discrimination against characteristics
Fair and public hearing with impartial judges and jury
Prepare a defence
Judgements, to be made public
Appeal against decision
What is access to justice
Everyone has the right to access the legal system
No one should suffer a miscarriage of justice
A defendant has the right to defence
What is the presumption of innocence
The Magna Carta established a right to fair trial with the presumption of innocence
Guilt is established when evidence is provided to prove the conviction beyond reasonable doubt
What are threats to access to justice
Cuts to legal aid funding
Closure of local courts
What is common law
Law made by judges, used by other judges to pass judgement on similar cases
When judges make decision, it sets a precedent for judges to follow in future cases
What are acts of parliament
Laws passed by the UK parliament
What is European law
Although the UK has left the EU, we still follow some European laws
Who does law differ across the UK
There are different legal systems in England, Northern Ireland, Scotland, and Wales
When Scotland unified with England and Wales it kept its own legal system
What is the law like in England and Wales
England and Wales share a legal sytem
What is the law like in Scotland
Scotland’s legal system is based on Roman law
What is the law like in Northern Ireland
Northern Ireland’s legal system in based on common law
What is civil law
Disputes against individuals or groups
Deals with rights, accidents, adoption, debt, etc
Who is the claimant
The person who brings a civil case
What happens when the claimant wins
The defendant pays compensation and legal fees
Who is the defendant
The person the claimant sues
How does the claimant win
Guilt has to be proven >50%
What is criminal law
Offences that break the law, heard by a jury
Deals with murder, theft, arson, etc
Who are criminal cases between
The government and the law-breaker
What happens if an offender’s guilt is proven
The defendant will face fines or imprisonment
How does the plaintiff win
The offender’s guilt has to be proven beyond reasonable doubt
What is a county court
A court with limited powers on civil cases
What is a crown court
A court of judges that hears criminal cases with a jury
What is a high court
A court that deals with serious or complicated civil cases
Deals with cases involving >=£50,000
What is a magistrates’ court
A court of public officers that hears minor criminal cases
What is a small claims court
A court that hears civil cases involving
What do judges do
Work in criminal and civil cases
In jury court, the jury decides if the accused is guilty or not, but judges decide the sentence
Senior judges make decisions about how the law is interpreted
What are judges collectively known as
Known collectively as the judiciary
What experience do judges have
Most judges have worked for at least 10 years as a barrister
What do magistrates do
Full-time magistrates are district judges that sit alone and are paid for their work
Part-time magistrates work alongside other magistrates and are not paid or qualified
What experience do magistrates have
Most magistrates have worked for at least 7 years as a solicitor or barrister
