A Level Law: English Legal System and Criminal Law Review

Flashcards covering English Legal System basics, civil and criminal court procedures, ADR, legal personnel, and substantive criminal law (theft, homicide, and non-fatal offences).

Under the three-track system, which track is a civil claim valued between $£10,000$ and $£25,000$ allocated to?

The Fast Track.

What are the financial limits for starting a claim in the small claims court?

Claims less than $£10,000$ (or $£1,000$ for personal injury).

What are the financial limits for a claim that must be started in the County Court?

Less than $£100,000$ (or $£50,000$ for personal injury).

Under what condition can a claim be started in either the County Court or the High Court?

When the value is more than $£100,000$ (or more than $£50,000$ for personal injury).

To which court does a 'leapfrog' appeal go directly from the High Court?

The Supreme Court.

What does the acronym ACAS stand for?

Advisory, Conciliation and Arbitration Service.

What is the time limit for either party to appeal a tribunal decision to an Employment Appeal Tribunal?

$42$ days.

On what specific grounds can an employment tribunal decision be appealed?

Only on a point of law.

When ACAS early conciliation leads to an agreement, what is the legal status of that agreement?

It is legally binding and can be enforced through the courts if one party does not comply.

What is a Scott v Avery Clause?

An agreement between two parties in the terms and conditions of a contract that if a dispute arises, they will use Arbitration to resolve it.

How is the decision in an Arbitration known?

An award.

What does ADR stand for?

Alternative Dispute Resolution.

Which types of courts hear criminal trials?

The Magistrates' Court and the Crown Court.

What is the standard of proof in a criminal case?

Beyond reasonable doubt (the prosecution must prove the case).

What is an indictment?

A document which sets out the charges against a defendant in the Crown Court.

What is the legal term for a formal process where parties exchange relevant documents and information in a dispute?

Disclosure.

Which statute brought about changes to the double jeopardy rule?

The Criminal Justice Act $2003$ (as contextually related to the Stephen Lawrence case changes).

What does the term 'acquittal' mean?

A judgment that a person is not guilty of the crime with which they have been charged.

What is a 'majority verdict' in the context of a jury?

A verdict where not all jurors agree, but a minimum required number (e.g., $10$ out of $12$) do.

What is meant by the term 'jury nobbling'?

The illegal act of attempting to influence or intimidate a jury.

What are the two types of deterrence used in sentencing?

General deterrence and individual deterrence.

Which aim of sentencing is intended to reform the offender and alter their behavior so they do not reoffend?

Rehabilitation.

What is a 'custodial sentence'?

A sentence that involves a period of imprisonment.

What does the acronym SRA stand for?

Solicitors Regulation Authority.

What are the three sources of power that must be separated in Montesquieu's model?

The executive, the legislature, and the judiciary.

As of April $2020$, what percentage of all court judges were women?

$32 \%$ (noting the growth from the $1990s$).

What is the definition of 'actus reus'?

The physical element or 'guilty act' of a crime.

What is the definition of 'mens rea'?

The mental element or 'guilty mind' of a crime.

Under the Coroners and Justice Act $2009$, is loss of control a full or partial defence to murder?

A partial defence (it reduces murder to voluntary manslaughter).

What are the four key elements required to prove Unlawful Act Manslaughter (UAM)?

1. An unlawful act, 2. that is dangerous, 3. that causes the death, 4. with the required mens rea for the unlawful act.

How is theft defined under Section $1$ of the Theft Act $1968$?

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Which section of the Theft Act $1968$ defines 'appropriation'?

Section $3$, meaning any assumption by a person of the rights of an owner.

What is the legal status of 'wild animals' regarding theft according to Section $4$ of the Theft Act $1968$?

They cannot be stolen unless they have been reduced into possession by or on behalf of another person.

What logic did the case of R v Lloyd ($1985$) illustrate regarding the intention to permanently deprive?

The 'borrowing' of property only amounts to an intention to permanently deprive if the goodness, virtue, and practical value of the property has gone.

What are the two components of the actus reus for assault?

An act that causes the victim to apprehend immediate, unlawful personal violence.

What was the legal principle established in the case of Constanza ($1997$)?

An assault can be committed by words alone, including written letters.

What is the mens rea for Battery?

Intention or subjective recklessness as to the application of unlawful force.

What was the significance of Santa-Bermudez ($2003$)?

It established that an omission (failing to warn about a needle during a search) can constitute the actus reus of a battery.