Theme C Flashcards
What is a legal right
A right that is protected by law
Why do people abide by the law
- Strong religious or moral views
- Shame of going to prison
- Fear of permanent damage to reputation
Why do we need laws
- Protect the public
- Deter from crime
- Ensure everyone’s rights are respected
What are the different ages for different legal rights (10, 16, 18)
10: Criminal responisbility
16: Get married with parental consent
18: Vote in an election
Why do laws change
- Progression of technology
- Reflection of current morals and ideas
- Combat quick change (i.e covid)
What is case law / precedent law
Once a decision has been made in court it become law in all future cases containing the same material facts
What is rule of law
A country is governed by law and all residents must obey - No one is above the law
What are our rights and freedoms when considering the law
- Innocent until proven guilty
- Equality before the law
- Access to justice
Where does our law come from
- Laws passed by government
- Common law
- European law
What is civil law
Covers disputes between individuals or groups. Normally cases are about rights.
What is criminal law
Cases between the crown prospection service and the offender
What is county court
A local court that has limited powers in civil cases
What is high court
The court where judges hear cases on serious crimes
What is the crown court
Courts held in England and Wales where serious cases are referred to
What is a magistrate’s court
A court held before two or more public officers dealing with minor crimes
What is small claim’s court
A local court which hears civil cases involving small amounts of money
What does it mean to sue someone
To make a claim against someone or something
What are some examples of civil cases
- Company law
- Consumer rights
- Accidents at work
- Adoption
What are some examples of Criminal cases
- Murder
- Drug dealing
- Rape
- Assault
What is a claimant
A person who brings a case to a civil court
What is a defendant
A person accused of wrongdoing
Provide an example of a civil court case
- JK Rowling sued the daily mail after libel - was taken to the high court and daily mail had to pay damages
- Jaffa cakes V HMRC - cake or biscuit (Jaffa cakes won)
Where are cases involving a claim of less the 10,000 sorted at
Small claims court
What are cases over £50,000 at
High court
What are the differences between civil and criminal cases
- Criminal cases are offenses against the state, while civil cases usually involve private disputes between people or organizations.
- Criminal cases serve for punishment, while court cases serve for some sort of retribution
What is a barrister
A lawyer who represents and speaks for their clients in court
What is the judiciary
All the judges in the country
What is a probation officer
Someone who writes court reports on offenders and supervises them in the community
What is a solicitor
A lawyer who gives legal advice and may speak for their clients in court
What is the difference between district judges and part-time magistrates
District judges: Full time magistrates who are paid for their work
Part-time magistrates: Are not legally qualified or paid
What is the role of the jury
Decide upon the verdict
What is the CPS (Crown prosecution service)
Prosecutes criminal cases that have been investigated by the police
What are mitigating factors
Reasons why an offender might be given a lighter sentence.
Provide examples of mitigating factors
- Mental health issues
- Genuine remorse
- Past circumstances
What is a recorder
A barrister or a solicitor of at least 10 years of experience who acts as a part time judge in a crown court.
What sentences can a magistrate give
- Prison (max 6 months)
- Community sentence
- Criminal behaviour orders
- Fines
- Discharge: conditional or absolute
What is a mediator
Act as an impartial between people in dispute
What is an ombudsman
An official who is appointed to investigate individual’s complaints against a company or an organisation.
What is a tribunal
Set up to resolve certain types of dispute such as employment issues.
What is arbitration
When a third party makes a decision on a dispute to resolve it
What are the advantages of mediation
- Cheaper than court
- More flexible
- Is quicker
- Is not adversarial
What cases can go to a tribunal
- Tax
- Employment
- Immigration
- Asylum
What is community sentence
A sentence which allows people to continue to live the community under certain conditions.
What does it mean to be discharged
Not being sentenced for a minor crime, it can be conditional.
What does conditional discharge mean
When the court choses not to impose punishment but requires you to abstain from reoffending for a certain period of time
What is restorative justice
A system of criminal justice which aims to rehabilitate offenders through meeting and talking to victims and the community.
What is the purpose of punishment
- Deter
- Rehabilitate
- Restore
- Retribute
- Reform
- Repair
What is a plea bargain
When the defendant plea’s guilty or provides evidence on another defendant’s guilt
What is a determinate sentence vs indeterminate sentence
Determinate: A prison sentence that has a definite length
Indeterminate: Has no fixed end point
What is a suspended sentence
A sentence that is delayed for a certain period of time
What is a youth court
A court that deals with young offenders
What is the youth justice system
The part of the justice system that deals with young people
What are youth offenders
Offenders between ages 10-17
How is a youth court different from adult courts
- There is no jury
- The public is not allowed in
- Parent or guardian must be present
- Offenders are called by their first name
What sentences can be given to young offenders
- Referral orders
- Youth rehabilitation orders
- Detention and training orders
What is referral orders
When a young person agrees to a programme of work to address behaviour
What are reparation orders
When a young person makes up for the harm caused
What are youth rehabilitation orders
The court decides what the offender must do for 3 years to help them rehabilitate
What is neighbourhood watch
A scheme in which members community take responsibility for keeping an eye on each other’s property to prevent crime.
What are rehabilitation programs
Programmes which help people to overcome problems so they can avoid committing crimes in the future
What is primary crime prevention
focusing on environmental, social, and economic factors that contribute to criminal behaviours
Provide examples of primary criminal prevention
- Community development programs
- Brighter street lamps
- More economic opportunities
What is secondary crime prevention
intervening with individuals or groups of people displaying risk factors or early signs of criminal behaviour.
Provide examples of secondary crime prevention
- Counselling or therapy
- Substance abuse treatment and mental health support
What is tertiary crime prevention
deals with individuals who have already engaged in criminal activities. The focus is on rehabilitation, reintegration, and preventing reoffending.
Provide examples of tetiary prevention
- Probation
- Correctional facilities
- Restorative justice
What is statutory law
laws written and enacted by a legislative body.
What is a special constable
A volunteer police officer who works for a minimum 4 hours a week
What does it mean to be arrested
to be held against your will because you are suspected of committing a crime.
What are your rights if arrested
- Told the reason for your arrest
- Be able to get free legal advice
- See a written notice containing your rights
