Theme C Flashcards

1
Q

The purpose of the Law

A
  • Set out rules for citizens
  • Deterrent to prevent injustice
  • Ensure fairness
  • To regulate behaviour
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2
Q

Rule of Law

A

The idea that everyone, including the government, is subject to the law and held accountable to it.

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3
Q

Equality before the law

A
  • To respect
  • To a fair and public hearing
  • To prepare a defence
  • For judgements to be made public
  • To appeal
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4
Q

Threats to access to justice

A
  • Cuts to legal funding
  • Closure of some local courts
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5
Q

Common law

A
  • If a judge made a ruling on a case, it set a precedent for other judges to follow in future cases.
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6
Q

The UK joined the EU in…

A

1973

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7
Q

Criminal Law

A

Deals with issues between an individual and the state.
E.G. Murder, Assult, Fraud, Theft

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8
Q

Civil Law

A

Deals with issues between individuals and organisations
E.G. Employment Law, Divorce, Property Law, Custody

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9
Q

Criminal Law process

A
  • Heard in Magistrates’ Court and the Crown Court
  • Penalties include imprisonment, fines or community a service.
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10
Q

Civil Law

A
  • Heard in the County Court, High Court, Family Court or by a Tribunal
  • Penalties are non-custodial
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11
Q

Roles and powers of the police

A
  • Deter crime
  • Investigate and collect evidence of crime
  • Stop and Search
  • Arrest and enter premises
  • Detain and charge
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12
Q

Roles and powers of judges

A
  • Applying the law
  • Sentencing and outcomes
  • Setting precedent
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13
Q

Roles and powers of magistrates

A
  • Hearing cases
  • Arrest and sentencing
  • Transferring cases
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14
Q

Roles and powers of legal representatives

A
  • To provide advice and guidance to clients
  • To argue for guilt or innocence
  • To advocate in favour of those they represent
  • To assert the rights of those they represent
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15
Q

Jury

A
  • Civic duty - between 18 and 70
  • Swear an oath to hear a case fairly and truly.
  • Meet after hearing to discuss their verdict.
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16
Q

Tribunals

A
  • Less Informal
  • A part of the civil justice system
  • Hear disputes concerning employment
  • Limited powers
17
Q

Fundamental principles of the law

A
  • Right to know reason of arrest
  • Right to inform of arrest
  • Right to see a solicitor
18
Q

Magistrate court

A
  • used for less serious types of cases
  • three magistrates hear each case
  • a legal adviser on hand to provide guidance in points of law
  • magistrates pass sentences
  • appeals from magistrates are heard in the Crown Court
19
Q

Crown Court

A
  • Used for more serious offences
  • A judge presides over cases and ensures they are fair
  • A jury of 12 citizens
  • the judge advises and serves the sentence
20
Q

Mediation

A

A trained, impartial third party works with disputing parties to help reach agreement. Can be cheaper and quicker than court.

21
Q

Ombudsmen

A

Appointed to look into complaints about companies and organisations without going to court, for areas such as energy and financial services.

22
Q

Youth Court

A
  • Three magistrates or a judge hears the case
  • No jury
23
Q

Youth sentencing

A
  • Prison is not given
  • A conditional or absolute discharge may be given
24
Q

Reasons for not reporting crimes

A
  • Embarrassed about being a crime victim
  • Being afraid of the criminal
  • A lack of trust for the police pr the justice system
25
Q

Reasons for reoffending

A
  • No home, no job - Prison provides it all
  • May need to fun drug addiction
  • May learn more from other prisoners in prison
26
Q

Deterrence

A

Putting people off committing crime

27
Q

Rehabilitation

A

Reforming the criminal so they stop offending

28
Q

Retribution

A

Getting revenge on the criminal

29
Q

Restitution

A

Putting things right for the victim and society

30
Q

Sources for The British constitution

A
  • Existing Law
  • Legislation passed by Parliament
  • Common Law
31
Q

Fundamental principles of the law

A
  • Presumption of innocence
  • Equality before the law
  • Right to representation
  • Right to due process
  • Right to a Fair Trial
32
Q

Sources of Law

A
  • Legislation
  • Precedent
  • Common Law
  • European Law
33
Q

International law sets basic rules for war like…

A
  • Non targeting of civilians
  • Rules on the treatment of prisoners
  • Rules on how and when to declare war