Law Booklet 2024-2025 - Flashcards for Revision

A comprehensive set of flashcards designed to help students review key concepts and details from their law lecture notes, preparing them for exams and reinforcing their understanding of various legal topics.

What is the primary responsibility of the Legal Aid Agency?

To ensure that legal aid services are available to the general public.

What are the three types of criminal offence classifications in the UK?

Summary offences, Triable either-way offences, Indictable offences.

What is the jurisdiction of the County Court?

To hear cases involving contract, tort, trusts, inheritance up to £30,000, and bankruptcy.

Which court deals with the most serious criminal cases in the UK?

The Crown Court.

What must be assessed in pre-action protocols in a civil claim?

Information and documents exchanged between parties and encouraging negotiation.

What is the purpose of Alternative Dispute Resolution (ADR)?

To resolve disputes without going through the court system.

What does 'legal aid' provide in civil cases?

Funding for claimants in certain civil disputes requiring legal advice or representation.

What is the role of the magistrates in the Magistrates' Court?

To deal with summary offences and some triable either-way offences at first instance.

What is the maximum imprisonment sentence the Magistrates’ Court can impose?

Six months for one offence and twelve months for consecutive offences.

In which civil court is an appeal from a Small Claims Track heard?

By a Circuit Judge sitting in the County Court.

What is the role of Employment Tribunals?

To hear disputes between employees and employers regarding unlawful treatment.

What is a key characteristic of mediation as an ADR method?

Involves a neutral third party facilitating discussions to reach a compromise.

What is required to appeal from the Crown Court to the Court of Appeal?

Leave to appeal must be granted based on the conviction being unsafe.

What is the significance of 'judicial precedent' in law?

Judicial decisions create binding precedents that lower courts must follow in similar cases.

What are the benefits of using negotiation as an ADR?

It is typically quick, cheap, and informal.

What are the primary aims of sentencing in the criminal justice system?

Punishment, public protection, rehabilitation, reparation, and reduction of crime.

What is required for an appeal based on procedural unfairness?

It must be shown that the judge did not follow relevant procedural rules.

In terms of accessibility, what challenges do legal aid face today?

Budget cuts leading to rising litigants in person and delays in court.

What is the maximum penalty the Crown Court can impose?

Unlimited sentencing powers within the guidelines.

What is the aim of the Judicial Appointments Commission?

To ensure judges are appointed solely based on merit.

What is a Conditional Fee Agreement?

An arrangement where a client pays a solicitor only if they win their case.

What does the term 'lay magistrates' refer to?

Unpaid local community members who hear cases in the Magistrates' Court.

What role does the Bar Standards Board have?

Regulates barristers and enforces high standards in the profession.

What is a common criticism of jury trials?

Potential for jury members to be influenced by media or other external factors.

What allows judges to make amendments or clarification to previous legal rulings?

The principle of judicial precedent.

Which section outlines the main factors when sentencing offenders?

Section 142 Criminal Justice Act 2003.

Identify a disadvantage of using the criminal court system.

It may favor wealthy defendants who can afford better legal representation.

What is the purpose of a pre-sentence report?

To provide the court with detailed information about the offender before sentencing.

What does 'disqualification' refer to in jury service eligibility?

Individuals who are prohibited from serving due to serious criminal convictions or certain roles.

Why is public confidence in the judiciary important?

It ensures trust in the legal system and the fairness of legal processes.

What constitutes an appealable error of law?

When a judge applies the law incorrectly despite having the correct information.

What is a significant challenge faced by private law firms in providing criminal legal aid?

Low remuneration making it unprofitable to provide services.

How do tribunals differ from courts in handling cases?

Tribunals often have less formal procedures and can be quicker in resolving disputes.

What principle ensures that judges cannot be easily removed from their position?

Security of tenure.

What training must new judges undergo?

Induction programs and continuing education on legal and human awareness.

How is bias mitigated in jury selection?

Challenges can be made against jurors believed to be biased.

What is the significance of 'access to justice'?

Ensuring individuals can obtain legal assistance to pursue their legal rights.

What role does the Solicitors Regulation Authority play?

Regulates solicitors to maintain professional standards.

What is the aim of the Public Defender Service?

To provide representation for individuals who cannot afford legal counsel.

Name one advantage of mediation over court proceedings.

It is usually faster and less expensive.

What types of offences does the Crown Court handle primarily?

Indictable offences and serious triable either-way offences.

What is a disadvantage of using lay magistrates?

They may lack formal legal training compared to judges.

What can influence public confidence in jury decisions?

Transparency and fairness in the legal process.

What does 'jury equity' refer to?

The principle that jurors can make decisions based on their understanding of fairness.

What is an example of a case where jury nobbling might occur?

In gang-related criminal cases, jurors can be threatened or bribed.

What types of cases can Legal Executives represent clients in?

Civil and family law cases, often relating to straightforward matters.

What happens if a jury cannot reach a unanimous decision?

A majority verdict may be accepted after sufficient time has elapsed.

What is one benefit of having legal aid for criminal defendants?

Ensures that individuals can prepare an adequate defense, regardless of financial situation.

What constitutes an aggravating factor in sentencing?

Circumstances that increase the severity of the crime, such as previous convictions.

What role does the Ministry of Justice play?

Oversees the legal aid system and the regulation of legal services.

What is the main challenge for claimants trying to receive civil legal aid?

They must pass both means and merits tests.

What is the main goal of the Justice System with regards to sentencing?

To achieve a balance of punishment, deterrence, rehabilitation, and public protection.

What is the consequence of being a 'litigant in person'?

Individuals represent themselves in court, which can lead to delays and complications.

What kind of legal professionals does the Bar primarily consist of?

Barristers, who primarily provide advocacy in court and legal advice.

What is a community order?

A non-custodial sentence requiring offenders to complete certain requirements.

How does the legal aid system benefit society?

By ensuring access to legal representation for those unable to afford it.

What initiative aims to provide free legal advice to those in need?

Law centres, staffed by qualified solicitors and volunteers.

What does the term 'pro bono' mean in legal services?

Legal work undertaken voluntarily and without payment for those in need.

What is the significance of alternative business structures in legal services?

Allowing non-lawyers to own law firms to enhance access to legal services.

What additional protections must be considered when sentencing offenders?

The human rights and legal standards guiding the justice process.

How do appeals protect individual rights in the justice system?

By allowing for legal decisions to be reviewed for fairness and legal correctness.

Which court's judgments are binding on lower courts?

The Supreme Court and the Court of Appeal.

What are the two primary functions of the High Court?

To hear serious civil cases and to serve as an appellate court.

What is one advantage of having a flexible approach to ADR?

Parties can choose the best method to suit their needs, reducing stress.

What is the impact of budget cuts on civil legal aid?

Reduced accessibility for individuals needing legal representation.

How does the Public Defender Service check fiscal accountability?

By following regulations ensuring funds are well-managed.

What is a practical limit on a magistrate's sentencing power?

Magistrates can only sentence up to six months for an offence.

Describe one way juries are selected.

Randomly from the electoral register by the Jury Central Summoning Bureau.

What must a claimant prove to qualify for civil legal aid?

They must pass both means and merits tests.

What is a key characteristic of the civil justice system?

Adversarial, where parties present their cases against each other.

What ensures transparency in legal proceedings?

The principle of open courts as protected under law.

What happens when a judge's decision is contested based on public importance?

It can be appealed to the Supreme Court.

Which Act outlines the criteria for legal aid eligibility in civil cases?

Legal Aid, Sentencing and Punishment of Offenders Act 2012.

What role do 'pro bono' units play in access to justice?

Providing free legal representation to the underprivileged.

In what scenario might an appeal to the Crown Court occur?

If a defendant in the Magistrates’ Court believes their conviction or sentence was unfair.

What is meant by ‘means test’ in the context of legal aid?

Assessment of a person's financial resources to determine eligibility for aid.

What legal framework governs the regulation of barristers?

The Bar Standards Board through the Legal Services Act 2007.

What is a common criticism of the adversarial system in judicial proceedings?

It may disadvantage parties without adequate resources.

How can legal aid ensure justice for all individuals?

By providing representation irrespective of an individual’s financial situation.

Define what an arbitral award is.

A decision made by an arbitrator, which is legally binding.

What does ‘judicial independence’ ensure?

Judges can make impartial decisions free from external pressures.

What two things must be present for a Conditional Fee Agreement to be established?

A success fee cap and after-the-event insurance.

How does the justice system handle a civil case where the claimant self-represents?

The court may provide additional guidance to ensure fairness.

Identify one major challenge facing employment tribunals today.

Increasing workloads and limited resources amid rising employment disputes.

What is the overall aim of the legal aid system?

To provide fair access to justice for all individuals.

What factors do judges consider when determining the appropriate sentence?

Aggravating and mitigating factors related to the offender and the crime.

How does the legal system address the needs of vulnerable parties?

Through special provisions in court to facilitate their participation.

What is the primary purpose of the Public Defender Service?

To ensure defendants facing serious charges have legal representation.

Describe how ADR can improve the overall efficiency of the justice system.

By resolving conflicts faster and reducing court backlog.

What role do Citizens Advice Bureaux serve within the legal system?

Providing free, initial legal advice on various issues.

What does a 'first hearing' in the criminal court system focus on?

Bail applications and initial considerations about the case.

What is expected of a juror regarding evidence in court?

Jurors must base their decisions only on the evidence presented in court.

How are lay magistrates typically influenced in their decision-making?

By community values and common sense.

What is the role of the Solicitors Regulation Authority (SRA)?

To regulate solicitors and enforce compliance with professional standards.

How does the hierarchy of courts affect legal proceedings?

Higher courts review and can override lower court decisions.

What is the essence of the 'means test' for criminal legal aid?

To evaluate an applicant's financial situation to determine aid eligibility.

What happens if an individual refuses to comply with a juror summons?

They may face fines for not appearing or not responding.

Identify a disadvantage of a purely adversarial system in civil cases.

It can lead to inequity if one party lacks sufficient resources.

What is the basic principle of fairness in juries?

To ensure diverse perspectives and community values are represented.

What is the effect of media coverage on jury trials?

It can create bias and unfair influence on jurors.