English Legal System

Define law

A system of rules created and enforced by the state

What are the key characteristics of law?

Imposed-laws are made by recognised authorities

Enforced-courts and legal systems ensure laws are followed

Compulsory-Everyone must obey the law

Universal- Applys to everyone equally

Changeable- can be changed by parliament or the courts

Protective- Law gives rights and responsibilities

What’s meant by “imposed” as a key characteristic of law?

Laws are made by recognised authorities

What’s meant by “enforced” as a key characteristic in law?

Courts and legal systems ensure laws are followed

What’s meant by “compulsory” as a key characteristic in law?

Everyone must obey the law

What’s meant by “universal” as a key characteristic in law ?

the law apply to everyone equally

What’s meant by “changeable” as a key characteristic in law?

The law can be changed by parliament or the courts

What’s meant by “protective” as a key characteristic in law?

The law gives people’s rights and responsibilities

Who are the three arms of state ?

The legislature -( Parliament )- makes and changes law

The executive- ( Government ) - power to put law into action

The judiciary- ( Courts ) - power to make judgment on law

What are the legislatures made up of ?

House of Commons

House of Lords

Monarch

What are the executives made up with?

Prime Minister

Cabinet Minister

Government Department

The civil service

Agencies

What are the judiciary’s made up with?

Judges

Courts

How do the legislatures implant law + example

Bill-debate-vote-royal assent-law

Example: the equality act 2010

What are the executives responsible for + example

Responsible for administering and enforcing the laws

Example: home office overseas immigration offences, the police enforce criminal law

What are the judiciary responsible for ?

They interpret legislation and develop case through precedent

Why are laws needed? ( 4 reasons)

A social mechanism of social control to establish standards of behaviour

To maintain order

To resolve disputes

To protect the rights and interests of people

What’s meant by a “social mechanism of social control to establish standards of behaviour”?

The law sets standards of behaviour in society by defining what is acceptable and isn’t

Example: Criminal law prohibits theft. Theft act 1968

What’s meant by “to maintain order”

The law provides stability and prevents chaos while regulating conduct. Society will fall into disaster without it.

Example: public order offence. Public order act 1980

What’s meant by “to resolve disputes”

Framework to resolve disagreements. It gives tribunals for fair structured ways to resolve arguments without harm.

Example: civil laws resolve disputes over contract and property rights

What’s meant by “to protect the rights and interests of people”?

Safeguard individuals from unfair treatment and upholds basic human rights.

Example: human rights act 1998

What are the two categories of law?

Civil and Criminal

Define criminal law

Sets out rules of conduct considered unacceptable by state and therefore punishable.

What’s the purpose of criminal law?

To maintain the law and order protecting society while punishing offenders

What are examples of criminal law?

Murder and theft

Who is criminal law enforced by?

By the state through prosecution and usually head in the magistrate court or crown court.

What’s the definition of civil law?

Civil law deals with disputes between individuals and organisations

What’s the purpose of civil law?

To uphold individual rights and provide remedies.

What are examples of civil laws?

Law of tort:

Protects people

Property

Reputation

Examples:

Negligence- Harm to people/property

Defamation-false statement harm to reputation

What is contract law?

A agreement between 2 or more people the law will enforce

What are examples of contract law?

Buying goods

How is contract law enforced?

Through compensation

Injunction through country court and high court

What does injunction mean?

Court order to make someone stop doing something

What’s good proof for criminal law ?

Beyond reasonable doubt

What’s good proof for civil law?

More than 50/50

What’s the final stage for something to become law?

Royal assent

Define litigation

Going to court

Define jurisdiction

The power to hear and decide cases

What’s litigation in criminal law ?

Formal process which the state prosecutes a defendant through the courts

What does CPS stand for

Crown prosecution service

Give an example of jurisdiction

Magistrates court- summary offences - limited sentencing powers

Crown court - Indictable offences - greater sentencing powers

Courts of appeal and Supreme Court - appellate jurisdiction to hear appeals

Define original jurisdiction in criminal law + example

The power of a court to hear a case at first instance

The trial court

Define appellate jurisdiction in criminal law + example

The power of a court to hear an appeal from a lower court

Example: the courts of appeal heard appeal from crown court

Define appeal

A party dissatisfied with a courts decision request that a higher court review this

What’s a appeal + example

It’s not a retrial of the whole case higher courts check wether the original decision was wrong in law

Example: a conviction - not found guilty

A sentence - punishment too harsh/lenient

Define conviction

a conviction is the formal judgment or decision by a court that a defendant is guilty of a criminal offense

Define a sentence

formal punishment or penalty ordered by a judge or magistrate against a defendant convicted of a crime

Who can appeal

Defendant / prosecution

Define leave to Appeal

Permission must be granted before an appeal can go ahead

Example: trial judge , single judge by courts of appeal

Appeals only happen when on …

Reasonable grounds, unsafe conviction / sentence wrong in law or excessive

Hierarchy of courts

Define routes of appeal

Legal pathways and tracks through which a case is escalated from a lower court or tribunal to a higher appellate court for review

Explain summary offences

Minor offences

Magistrate court punishments less severe with less sentencing powers maximum 6-12 months

Example : assault , arriving without insurance

Magistrate courts aren’t qualified

What’s either way offences + example

Middle ranging offences

Magistrate + crown court

The cases will be truer in magistrate or crown court depending on severity

Example: theft , assault , bodily harm

Explain indictable offences

Serious offences

Tried in crown court

Long term imprisonments

Example : Murder , bulgary , robbery

Advantages of opting for trial by jury in the crown court

Jury trial

Legal expertise

Higher actual rates

Rights of appeal

More time to prepare

What’s meant by jury trial ?

Case will be decided by twelve members of the public which seems fairer and more sympathetic than magistrates

What’s meant by legal expertise ?

Trials are heard over by a professional judge which means more legal training than magistrates

What’s meant by higher actual rates ?

Defendants are more likely granted in the crown court

What’s meant by right of appeal ?

If convicted defendant finds it easier to appeal a jury verdict sentence from crown court

What’s meant by more time to prepare ?

Crown court usuallly rakes longer to come to trial giving the defence extra time to gather evidence and an argument

Disadvantages of opting by jury in the crown court are…

Harsher sentencing powers

Delays

Greater stress

Higher costs

Publicity

What’s meant by hasher sentencing

Crown court judges can impose for more sever sentences than magistrates

What’s meant by delays?

Crown court cases often take many months to come to trial leaving the defendant in uncertainty for longer

What’s meant by greater stress Higher costs?

Jury trials more formal and intimidating which may result in the increase of pressure on the defendant

What’s meant by higher costs ?

Trials in the crown court are more expensive legal aid may not cover all costs

What’s meant by publicity ?

Serious crown court cases are more likely to be shown in the media which harms the defendant’s reputation

What are the three different types of appeals ?

Appeal on a point of law

Appeal against sentence

Appeal against conviction

Explain appeal on the point of law ?

Challenges the interpretation given to the law , not facts.

Explain appeal against sentence

Challenges the punishment

Example : theft sentence is manifestly excessive

Explain appeal against conviction

Challenges the guilty verdict

New evidence , unfairness

What's jurisdiction for Supreme Court

hears appears from court of appeal . Must be against conviction.

Appeal can only be on a point of law of general public importance. Leave to appeal required from supreme court or court of appeal. Can hear appeals directly fro, the high court KBD following an appeal by way of case started that they have heard. Under leapfrog procedure

What’s the judiciary of Supreme Court

Supreme hear a case but for significant or complex cases 7 or 9 may sit

What’s the jurisdiction for court of appeal criminal division

Heard appeals from crown court

The appeal must be on:

A ppoint of law

Against convinction

Sentence

What’s the judiciary for court of appeal

Lord or lady justices of appeal 3 ussualy sit

What’s the jurisdiction for high court

Appellate court. The Administrative Court in King's Bench Division of the High Court hears appeals by way of case stated. These are appeals on a point of law from the Magistrates' Court or following an appeal that was previously made to the Crown Court from the Magistrates' Court.

What’s the judiciary for high court

High court judge

What's the jurisdiction for crown court

First instance:

Try either way offences

Appellate jurisdiction

Hears appeals against sentence / conviction from magistrates court no leave to appeal needed

What's the judiciary for crown court

..

Jury (12) + High Court Judge (the most serious cases) or Circuit Judge or a Recorder (part time)

No jury Circuit judge and 2 magistrates (not the original magistrates), full rehearing - facts and law reviewed)

What's the jurisdiction for magistrates court

First instance • Try summary offences(minor offences e.g. Assault) • Either-way offences (middle-ranging offences eg ABH) • Bail applications & legal aid (finance for • Arrest and search warrants • Youth court for young people aged 10-17.

What's the judiciary, for magistrates court

District judge sits with two lay magistrates Or 3 lay magistrates non professional

Who do CPS work for

Civil service

What are the CPS responsible for

Charges

Define assault

Frightening someone

Define battery

Touching someone

Assault/ABH

Causing harm by frightening or touching someone

Define theft

Stealing

Define murder

Intentional killing of a human with malicious intention

Define Actus Rues

The guilty mind and intention

Define Men’s Rea

The guilty act

Define robbery

Violence with harm

Explain sentencing

Takes place in magistrates court and crown court after the defendant is found guilty or pleads guilty

What do the courts take into account before sentencing

Aims of purpose of sentencing

Factors

Range of sentences

What are the 5 different forms of sentencing

Public protection , Detterence , retribution , rihibilation , reparation

What does public protection mean

Protects public from offenders and prevents harm

How does public protection work

The courts impose custodial sentencing on the defendant

What’s a example of public protection

Violent assault

What does deterrence mean

It’s the aim to discourage the crime

What are the two types of of deterrence

Individuals, general deterrence

What does individual deterrence mean

Prevents offenders from re offending

What’s meant by genreal deterrence

It discouraged the public from doing the crime