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