theme c Flashcards

1
Q

what are the key roles of the law?
(3 things)

A
  • ensuring fairness
  • to set out what actions are acceptable and not acceptable
  • keeping order in society
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2
Q

what may happen if we don’t maintain order in society?

A

chaos and disorder may occur is the law isn’t strongly uphelh.

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3
Q

how can we maintain order ?
(2 points)

A
  • by punishing those who break the law (fine,prison ,county service)
  • deterring criminal behaviour
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4
Q

how can the law affect our everyday lives
(6 things)

A
  • must be 18 or over to buy alcohol or cigarettes
  • must not work full time if under 16
  • must have a landlord and tenant contract if renting
  • must be in eduction or training until 18
  • must do maths and english until 16
  • must not drive if under the influence of alcohol or drugs
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5
Q

when did england and wales come toghter to share a legal system

A

1543

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6
Q

when did most of ireland become idependant

A

1921

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7
Q

what is the wesh assembly responsible for

A

20 devolved areas on which it can make its own laws concering matters like education health and housing

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8
Q

what is common law

A

common law refers to laws made by judges on cases that have appeared before them

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9
Q

what is to legislate

A

to make law

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10
Q

what are the two different types of law

A

civil
criminal

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11
Q

what is the purpose of criminal law

A

to protect the public from harm
such as where crimes are commited against a person or property

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12
Q

what are some crimes against a person

A
  • murder
  • rape
  • assult
  • manslaughter
  • robbery
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13
Q

what are examples of crimes against property

A
  • arson
  • fraud
  • vandalism
  • forcible entry
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14
Q

what is the purpose of civil law

A

to solve disputes in cases invloving rights between groups or individuals

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15
Q

what are examples of civil disputes

A
  • work related
  • personal injurycopy
  • right
  • property
  • family matters
  • consumer disputes
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16
Q

what is the role of the police

A

to keep the public safe
- patrolling
- investigate and collect evidence and solve crime

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17
Q

what are the powers of the police

A
  • to stop and search - reasonable suspicion
  • arrest and enter premises
  • to detain and charge - detain 24 hours without charge - charge if enough evidence
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18
Q

what is the roles of judges

A
  • being in charge of trials
  • keeping order in court
  • upholding and interpreting the law
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19
Q

what are the powers of judges

A
  • to apply the law made by parliment
  • advise juries
  • to decide what punishment those found guilty
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20
Q

what are the roles of magistrates

A
  • to hear criminal cases
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21
Q

what are magistrates

A
  • usually volunteers
  • not laywers but have specilised training
  • legal adviors assit them with knowledge
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22
Q

what are magistrates powers

A
  • hearing cases
  • to arrest and sentance - issue a search warrent or warrent for arrest - to give sentance up to 6 months for one offence - give a fine of an unlimited amount
  • to transfer cases - to transfer seriou criminal cases to the crown court
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23
Q

what is the role of legal representitives

A

to be experts in the law

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24
Q

what are examples of legal representitives

A
  • solicitors
  • barristers
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25
Q

what do legal representatives do

A
  • help to make legal system fair
  • the provide legal advice
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26
Q

what powers do legal representatives have

A
  • to act on behalf of a accused person - represent their defence
  • to prosecute someone
  • prepare cases - SOLICITORS
  • to represent their cilents in higher courts - BARRISTERS
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27
Q

what is a jouror

A

someone who sits on a jury in a crown court

28
Q

how many jurors are required and what age

A

12 jurors
between 18-70

29
Q

how long doe sjury service usually last

A

around 2 weeks

30
Q

why are those how are on jury serivce not allowed go use media and mobile phones

A

so they dont become biased and get influenced by the media and others

31
Q

what do tribunals hear

A

hear disputes around
employment
immigration
injuries

32
Q

what is a tribunal

A

specilialist courts which are more informal

33
Q

what are the powers of tribunals

A
  • limited power
  • fines
  • penaltites
  • compensation
34
Q

what are the benfits of incluing citzens in the legal process

A
  • expierence from all walks of life
  • represents the community - democracy
35
Q

why do the police have to tell a person about the reason theya re being arrested

A
  • violates their human rights if the police pouts them in a cell and doesnt tell them why
  • links to the right of a fair trial and teh rule of law - fair trial would not be possible if the person didnt know what theya re being arested for
36
Q

why does someone have the right to inform someone about their arrest

A
  • to let someone know where they are
  • police the police to contact a appropirate adult of the person who has been arrested is under 18
  • to show that the citzen is not being subjected to unlawful treatment by police
37
Q

the police must inform the arrested person taht they ahve the right to see a ________

A

soliciter

38
Q

what are some righst that an arrested person has at a police station

A
  • medical help if feeling ill
  • see the rules the police must follow
  • see a written notice about their rights
39
Q

whata re the different types of criminal court

A

magistrates court
crown court

40
Q

what are magistrates courts used for

A

less serious types of offences

41
Q

how do magistrate courts operate

A
  • three magistrates - hear each case
  • a legal adviser - provide guidence on points of law
  • magistrates can pass sentances of up to 6 months in prison and unlimited fines
  • appeals can go to crown court
42
Q

what are crown courts used for

A

more serious offences

43
Q

how does a crown court operate

A
  • a judge - ensure case is fair - sentace
  • a jury - 12 people,decides if defendant is guilty or not
  • judge advices jury on the law and sets sentace
  • appeals of crown court can be heard in high court
44
Q

what are teh types of civil courts

A

county court
high court

45
Q

what are county courts used for

A
  • disputes about property,breaches of contract
  • compensation
  • small claims up to 10000
46
Q

what si the county court process

A
  • can be delt online
  • people can defend themselves or get soliciter or barrister to do so
  • judge hears evidence and judgement is made
  • not usually punishment - compensation
  • judges can issue injunctions
47
Q

what is an injunction

A
  • an order for one party not to do soemthing - prevent making noise in the ealry hours
48
Q

whata re the three divisons of high courts

A
  • queens bench
  • family
  • chancery
49
Q

what does the queens bench devision deal with

A
  • contractual issues
  • wrongs aganst property
  • wrongs against people
50
Q

what does teh family division deal with

A
  • appeals from family law courts
  • giving custody of under 18s
51
Q

what does the chancery divison do

A
  • company law
  • land law
52
Q

what si the process of a tribunal

A
  • case heard in panel of 3 members - chair person ahs legal training
  • claimants abd respondants give evidence
  • decision os given on that day
53
Q

what is mediation

A

solving civil disputes by helping them reach an agreement
- cheaper than court
- quicker

54
Q

what is an obudsmen

A

appointed to look into complaints about compaines and organisations without going to court

55
Q

what punishment can offenders under the age of 10 get

A

a curfew where they have to be at home between 9pm-6am unless with an adult

56
Q

what is the youth justice

A

a justice system amde for those under the age of 18

57
Q

how does a youth court operate

A

cases such as theft,buglary anti social behaviour and drug offences are delt there
- three magistrates or judge no jury
- take account of age,seriousness of offence,guilty plea,previous record and migigating factors

58
Q

what sentances can aged 10-17 get

A
  • fines
  • community service
  • detention centers for young people
59
Q

whata re factors affecting crime rates

A

rises in
-unemployment
- poverty
- social and family break down
- changing morals
- changing technology

60
Q

what are some reasons why people might not report a crime

A
  • victim being embarrassed
  • being afraid criminal will take revenge
  • not wanting offender to get into trouble
  • lack of trust in police and justice system
  • fear they will be treated like a suspect rather than victim
  • not wanting stress and inconvenience
61
Q

what are some reasons for reoffending

A
  • no home,no job - prison provides shelter food and healthcare
  • fund drug addiction
  • learn tricks from offenders in prision and carry out more crime
62
Q

what are stratergies to reduce crime in society

A
  • protection
  • prevention
  • punishment
63
Q

what is prevention

A

aims tos top crim happening by reducing the cause for offence

64
Q

what are methods of preventon of crime

A
  • increasing community polcing - high visibility of patrols
  • high quality education - provides oppertunites
  • providing counciling for drug and alchohol problems - helps people stop funding addiction
  • providing positive oppertunities for young people - involves people in activities so tehy dont turn to crim in boredom
65
Q

whata re methods of protection of crime

A
  • security - cctv,alarms
  • neighbourhood watch
  • improving coumminty- better street lights, keeping neighbour hood clean
66
Q

hwo does punishment aim to deter crime

A
  • shows there are consequences of actions
  • uk aims to rehbailitate
  • shows criminal actions are unacceptable