Theme C Flashcards

1
Q

What is a legal right

A

A right that is protected by law

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2
Q

Why do people abide by the law

A
  • Strong religious or moral views
  • Shame of going to prison
  • Fear of permanent damage to reputation
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3
Q

Why do we need laws

A
  • Protect the public
  • Deter from crime
  • Ensure everyone’s rights are respected
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4
Q

What are the different ages for different legal rights (10, 16, 18)

A

10: Criminal responisbility
16: Get married with parental consent
18: Vote in an election

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5
Q

Why do laws change

A
  • Progression of technology
  • Reflection of current morals and ideas
  • Combat quick change (i.e covid)
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6
Q

What is case law / precedent law

A

Once a decision has been made in court it become law in all future cases containing the same material facts

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7
Q

What is rule of law

A

A country is governed by law and all residents must obey - No one is above the law

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8
Q

What are our rights and freedoms when considering the law

A
  • Innocent until proven guilty
  • Equality before the law
  • Access to justice
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9
Q

Where does our law come from

A
  • Laws passed by government
  • Common law
  • European law
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10
Q

What is civil law

A

Covers disputes between individuals or groups. Normally cases are about rights.

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11
Q

What is criminal law

A

Cases between the crown prospection service and the offender

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12
Q

What is county court

A

A local court that has limited powers in civil cases

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13
Q

What is high court

A

The court where judges hear cases on serious crimes

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14
Q

What is the crown court

A

Courts held in England and Wales where serious cases are referred to

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15
Q

What is a magistrate’s court

A

A court held before two or more public officers dealing with minor crimes

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16
Q

What is small claim’s court

A

A local court which hears civil cases involving small amounts of money

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17
Q

What does it mean to sue someone

A

To make a claim against someone or something

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18
Q

What are some examples of civil cases

A
  • Company law
  • Consumer rights
  • Accidents at work
  • Adoption
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19
Q

What are some examples of Criminal cases

A
  • Murder
  • Drug dealing
  • Rape
  • Assault
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20
Q

What is a claimant

A

A person who brings a case to a civil court

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21
Q

What is a defendant

A

A person accused of wrongdoing

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22
Q

Provide an example of a civil court case

A
  • 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)
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23
Q

Where are cases involving a claim of less the 10,000 sorted at

A

Small claims court

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24
Q

What are cases over £50,000 at

A

High court

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25
Q

What are the differences between civil and criminal cases

A
  • 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
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26
Q

What is a barrister

A

A lawyer who represents and speaks for their clients in court

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27
Q

What is the judiciary

A

All the judges in the country

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28
Q

What is a probation officer

A

Someone who writes court reports on offenders and supervises them in the community

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29
Q

What is a solicitor

A

A lawyer who gives legal advice and may speak for their clients in court

30
Q

What is the difference between district judges and part-time magistrates

A

District judges: Full time magistrates who are paid for their work
Part-time magistrates: Are not legally qualified or paid

31
Q

What is the role of the jury

A

Decide upon the verdict

32
Q

What is the CPS (Crown prosecution service)

A

Prosecutes criminal cases that have been investigated by the police

33
Q

What are mitigating factors

A

Reasons why an offender might be given a lighter sentence.

34
Q

Provide examples of mitigating factors

A
  • Mental health issues
  • Genuine remorse
  • Past circumstances
35
Q

What is a recorder

A

A barrister or a solicitor of at least 10 years of experience who acts as a part time judge in a crown court.

36
Q

What sentences can a magistrate give

A
  • Prison (max 6 months)
  • Community sentence
  • Criminal behaviour orders
  • Fines
  • Discharge: conditional or absolute
37
Q

What is a mediator

A

Act as an impartial between people in dispute

38
Q

What is an ombudsman

A

An official who is appointed to investigate individual’s complaints against a company or an organisation.

39
Q

What is a tribunal

A

Set up to resolve certain types of dispute such as employment issues.

40
Q

What is arbitration

A

When a third party makes a decision on a dispute to resolve it

41
Q

What are the advantages of mediation

A
  • Cheaper than court
  • More flexible
  • Is quicker
  • Is not adversarial
42
Q

What cases can go to a tribunal

A
  • Tax
  • Employment
  • Immigration
  • Asylum
43
Q

What is community sentence

A

A sentence which allows people to continue to live the community under certain conditions.

44
Q

What does it mean to be discharged

A

Not being sentenced for a minor crime, it can be conditional.

45
Q

What does conditional discharge mean

A

When the court choses not to impose punishment but requires you to abstain from reoffending for a certain period of time

46
Q

What is restorative justice

A

A system of criminal justice which aims to rehabilitate offenders through meeting and talking to victims and the community.

47
Q

What is the purpose of punishment

A
  • Deter
  • Rehabilitate
  • Restore
  • Retribute
  • Reform
  • Repair
48
Q

What is a plea bargain

A

When the defendant plea’s guilty or provides evidence on another defendant’s guilt

49
Q

What is a determinate sentence vs indeterminate sentence

A

Determinate: A prison sentence that has a definite length
Indeterminate: Has no fixed end point

50
Q

What is a suspended sentence

A

A sentence that is delayed for a certain period of time

51
Q

What is a youth court

A

A court that deals with young offenders

52
Q

What is the youth justice system

A

The part of the justice system that deals with young people

53
Q

What are youth offenders

A

Offenders between ages 10-17

54
Q

How is a youth court different from adult courts

A
  • There is no jury
  • The public is not allowed in
  • Parent or guardian must be present
  • Offenders are called by their first name
55
Q

What sentences can be given to young offenders

A
  • Referral orders
  • Youth rehabilitation orders
  • Detention and training orders
56
Q

What is referral orders

A

When a young person agrees to a programme of work to address behaviour

57
Q

What are reparation orders

A

When a young person makes up for the harm caused

58
Q

What are youth rehabilitation orders

A

The court decides what the offender must do for 3 years to help them rehabilitate

59
Q

What is neighbourhood watch

A

A scheme in which members community take responsibility for keeping an eye on each other’s property to prevent crime.

60
Q

What are rehabilitation programs

A

Programmes which help people to overcome problems so they can avoid committing crimes in the future

61
Q

What is primary crime prevention

A

focusing on environmental, social, and economic factors that contribute to criminal behaviours

62
Q

Provide examples of primary criminal prevention

A
  • Community development programs
  • Brighter street lamps
  • More economic opportunities
63
Q

What is secondary crime prevention

A

intervening with individuals or groups of people displaying risk factors or early signs of criminal behaviour.

64
Q

Provide examples of secondary crime prevention

A
  • Counselling or therapy
  • Substance abuse treatment and mental health support
65
Q

What is tertiary crime prevention

A

deals with individuals who have already engaged in criminal activities. The focus is on rehabilitation, reintegration, and preventing reoffending.

66
Q

Provide examples of tetiary prevention

A
  • Probation
  • Correctional facilities
  • Restorative justice
67
Q

What is statutory law

A

laws written and enacted by a legislative body.

68
Q

What is a special constable

A

A volunteer police officer who works for a minimum 4 hours a week

69
Q

What does it mean to be arrested

A

to be held against your will because you are suspected of committing a crime.

70
Q

What are your rights if arrested

A
  • Told the reason for your arrest
  • Be able to get free legal advice
  • See a written notice containing your rights