Term
|
Definition
| Serious Crime Prevention Order |
|
|
Term
| How long is the prison sentence for someone who breaches a serious crime prevention order? |
|
Definition
|
|
Term
| What is a Serious Crime Prevention Order |
|
Definition
| An order to reveal information delivered to someone with a past conviction for a serious crime. It can also be given to someone without a past conviction, if the High Court sanctions it. |
|
|
Term
| What is the term for someone making an appeal |
|
Definition
|
|
Term
| If a defendant in a case from the magistrates court believes the law has been wrongly applied in their case where do they apply to? |
|
Definition
|
|
Term
| If a criminal tried in a magistrates court believes they've been wrongly convicted or that they've been given too long a sentence where do they appeal to? |
|
Definition
|
|
Term
| Criminal Cases Review Commission |
|
Definition
| If a case heard in a magistrates/crown court is originally refused an appeal, but then new evidence comes to light, the Criminal Cases Review Commission can then refer the case to the crown court for another hearing. |
|
|
Term
|
Definition
| If magistrates admit they made a mistake during the trial they can reopen the case and pass it onto new magistrates. |
|
|
Term
| If a defendant convicted in a Crown court believes the facts of their case was misinterpreted, the law was wrongly interpreted in their case, or they were obviously given too harsh a sentence, which court do they appeal to. |
|
Definition
|
|
Term
| Who needs to give permission for a case to be brought to the Court of Appeal |
|
Definition
| The trial judge or the court of appeal itself. |
|
|
Term
| Can a sentence be increased in the court of Appeal? |
|
Definition
| No, it can only be shortened. |
|
|
Term
| If a defendant wants to appeal a case heard in the magistrates court but sentenced in the crown court - which court does it go to? |
|
Definition
|
|
Term
| Can cases be heard twice by the court of appeal? |
|
Definition
| Yes, but only in extreme circumstances when it's extremely likely that injustice has been done. |
|
|
Term
| Which act got rid of the clause in the law that meant criminals couldn't be tried twice for the same offence? |
|
Definition
| The Criminal Justice Act 2003 |
|
|
Term
|
Definition
|
|
Term
| What cases does the supreme court deal with? |
|
Definition
| Points of law of public importance. |
|
|
Term
|
Definition
| director of public prosecutions |
|
|
Term
| Which act permits defendants who've been acquitted of a crime to be tried again due to witness intimidation |
|
Definition
| The Criminal Proceedure and Investigations Act 1996 |
|
|
Term
| What act permits defendants who've been acquitted of a crime to be put back on trial on the basis of new evidence? |
|
Definition
| s75 of the Criminal Justice Act 2003 |
|
|
Term
| What can the government do if they believe a sentence passed in the Court is unduly lenient? |
|
Definition
| The AG can ask the court of appeal to review it. |
|
|
Term
| If a judge stops a trial half way through for lack of evidence, what court can the prosecution appeal to? |
|
Definition
|
|
Term
| If a defendant is acquitted, can the government still bring the case to the Court of Appeal on a point of law? |
|
Definition
| Yes, the AG has the power to do this. The defendant does not have to attend the Court of Appeal trial. |
|
|
Term
| Which is the more serious offence: theft or robbery? |
|
Definition
| Robbery, because in law it is violent theft. |
|
|
Term
| The legal definition of a crime is made up of how many parts? |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| The mental state a crime was committed in |
|
|
Term
| Which crimes are judged only on the basis of the act, not the state of mind of the criminal? |
|
Definition
| Strict liability offences. |
|
|
Term
|
Definition
| strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent) |
|
|
Term
|
Definition
|
|
Term
| The definition of homicide |
|
Definition
| the unlegal killing of another person with 'malice afterthought' |
|
|
Term
| What is the difference between voluntary manslaughter and involuntary manslaughter? |
|
Definition
| Voluntary maslaughter= you have the intention to kill. Involuntary manslaught= you do not have the intention to kill. |
|
|
Term
| What are the three defences under which someone might be convicted of voluntary manslaughter and not murder? |
|
Definition
| 1) loss of control 2) Diminished responsibility 3) Suicide pact |
|
|
Term
| What criteria have to be met for someone to bring a diminished responsibility defence? |
|
Definition
| The person has to have a recognised medical condition. This mental abnormality has to have had a substantial impact on their actions. |
|
|
Term
| What criteria have to be for someone to bring a 'loss of control' defence in a manslaughter/murder case? |
|
Definition
| There needs to be a 'qualifying trigger'. Someone of the same age, gender needs to be reasonably expected to act in the same way under the circumstances. |
|
|
Term
|
Definition
| When a mother kills her baby who is under 12 months old when her mind is disturbed. |
|
|
Term
| Why was the offence of 'causing or allowing the death of a vulnerable adult act' brought in? |
|
Definition
| To bring prosecutions in cases where it was unclear which of the parents was responsible for the death of a child. |
|
|
Term
| What are the most serious physical assault charges |
|
Definition
| GBH with intent, wounding with intent. |
|
|
Term
| What are the maximum sentences for wounding with intent and GBH with intent? |
|
Definition
|
|
Term
| What is the maximum sentence for malicious wounding and causing GBH |
|
Definition
|
|
Term
|
Definition
| Assault occasioning actual bodily harm |
|
|
Term
| Which is more serious: common assault, or ABH |
|
Definition
| ABH. Common assault is the least serious violent offence. |
|
|
Term
| What is the legal definition of rape? |
|
Definition
| When a man penetrates the vagina, anus, or mouth of another person with his penis without consent. |
|
|
Term
| In the law can women be found guilty of rape |
|
Definition
| No, but they can be an accomplice. |
|
|
Term
|
Definition
| The penetration of the mouth, anus or vagina with an object other than the penis. |
|
|
Term
|
Definition
| Sexual touching without consent. |
|
|
Term
|
Definition
| Forcing someone into sexual activity without their consent e.g. forcing someone to be a prostitute. |
|
|
Term
| When it comes to sexual assault offences, what is the legal age of a child? |
|
Definition
|
|
Term
| Do lawyers have to prove lack of consent in cases of sex with a child |
|
Definition
| No, in such cases consent is irrelevant. |
|
|
Term
| Sexual activity with a child |
|
Definition
| When someone who is over 18 touches someone sexually who is under 13, or they reasonably believed was under 16. |
|
|
Term
| Can you be guilty of sexual activity with a child if you're under 18? |
|
Definition
| No, you have to be 18 or over. |
|
|
Term
|
Definition
| The illegal appropriation of property (physical or intellectual) |
|
|
Term
|
Definition
| committing theft using force or violence. |
|
|
Term
|
Definition
| Trespassing with the intention to, or having succeeded in, GBH, robbery or to do unlawful damage |
|
|
Term
|
Definition
| Burglary with a dangerous weapon |
|
|
Term
|
Definition
| Deception to with the aim of making gain or causing loss |
|
|
Term
|
Definition
| Dealing in good you known have been stolen. |
|
|
Term
| Are you entitled to report rewards offered in return for information that might lead to a conviction? |
|
Definition
| Yes but you can't make it look like the reward comes 'no questions asked'. |
|
|
Term
|
Definition
| Taking without the owners consent. This was brought in to deal with joy riders. |
|
|
Term
| What is the difference between careless driving and dangerous driving? |
|
Definition
| Careless driving is when someone's conduct falls below the standard of what is expected for a competent driver, dangerous driving is when the conduct is SERIOUSLY below the standard. |
|
|
Term
| Failure to provide a specimen |
|
Definition
| When someone refuses to do an alcohol test when asked by police. |
|
|
Term
| What five stages does a criminal trial go through? |
|
Definition
| 1) investigation 2)bail 3)prosecution 4) pretrial hearing 5) trial |
|
|
Term
|
Definition
|
|
Term
| Who decides whether a suspect should be prosecuted |
|
Definition
| The Crown Prosecution Service/ the Crown Prosecutor. |
|
|
Term
| Which four civil offences can sometimes be tried by jury |
|
Definition
| 1) fraud 2) false imprisonment 3) malicious prosecution 4) defamation |
|
|
Term
| In which courts are civil cases tried? |
|
Definition
| County court, High Court and (occasionally) the Magistrate's Court |
|
|
Term
| Name the three divisions of the High Court |
|
Definition
| 1) The Queen's Bench Division 2) The Chancery Division 3) The Family Division |
|
|
Term
| What sort of cases does the Chancery Division of the High Court deal with |
|
Definition
| Mainly deals with disputes over money, such as tax avoidance. |
|
|
Term
| What kinds of cases does the Family Division of the High Court deal with? |
|
Definition
| Cases relating to families e.g. divorces and disputes relating to wills. |
|
|
Term
| What kinds of cases does the Queen's bench division of the High Court deal with? |
|
Definition
| Mainly breach of contract and tort cases. |
|
|
Term
| Where are the Royal Courts of Justice and what courts do they hold? |
|
Definition
| They're on the strand and they hold the high court and the court of Appeal. |
|
|
Term
| What is lowest threshold claim for a case about breach of contract to be heard in the High Court |
|
Definition
|
|
Term
| Personal injury claims need to be worth a minimum of how much for them to be hear in the High Court? |
|
Definition
|
|
Term
| Why might someone loose a criminal case but win a civil one? |
|
Definition
| Because the standard of proof is lower in civil courts |
|
|
Term
| Can you say that someone who settles a case out of court has won damages? |
|
Definition
| no, because that person has not won or lost a case. |
|
|
Term
|
Definition
| All the cases where one individual sues another |
|
|
Term
|
Definition
|
|
Term
| Name the four stages of a civil litigation |
|
Definition
| 1) The claim is made 2) The case is allocated 3) There is the pre-trial proceedure 4) The trial |
|
|
Term
| How long does a defendant in a civil case have to respond to a claims form? |
|
Definition
|
|
Term
| What sums are involved for the small claims track? |
|
Definition
| £5,000 or £1,000 for personal injury. |
|
|
Term
| Can individuals bring claims to the small claims court or do they need to hire lawyers? |
|
Definition
| They're entitled to represent themselves. |
|
|
Term
| What are the sums of money involved in case tried in fast-track civil disputes |
|
Definition
| Up to 5,000 or 50,000 for personal injury. |
|
|
Term
| What kinds of cases are allocated to the multi-track of a civil court? |
|
Definition
| Ones worth more than £25,000 or ones that are particularly complicated. |
|
|
Term
| Which three tracks can a civil case in the country court be allocated to? |
|
Definition
| Small claims, fast track, multi-track |
|
|
Term
|
Definition
| A lay person who acts as a proxy for a lawyer in civil cases where one party is representing themselves. |
|
|
Term
| Where do small claims cases often take place? |
|
Definition
|
|
Term
|
Definition
| When an appeal in a civil case goes straight from the High Court to the Supreme Court, skipping out the Court of Appeal |
|
|
Term
| Why can appeals from High Courts sometimes go straight to the Supreme Court? |
|
Definition
| Because the Court of Appeal would just have to follow an earlier house of Lords president, making such a trial a waste of time. |
|
|
Term
| How many judges are cases in the Court of Appeal normally tried by? |
|
Definition
|
|
Term
| How many judges are important cases in the Supreme Court tried by? |
|
Definition
|
|
Term
|
Definition
| Proceedure used to challenge the actions of public bodies. |
|
|
Term
| Which court hears judicial reviews? |
|
Definition
| The Administrative Court, which is part of the Queen's Bench Division of the Court of Appeal |
|
|
Term
| On what three grounds can a judicial review be launched? |
|
Definition
| Unfairness, illegality, irrationality. |
|
|
Term
| If a judicial review finds against a decision making body, what can it do? |
|
Definition
| It can make the decision itself. It can ask the authority to make the decision again. |
|
|
Term
| If a judicial review finds against a decision making body, does this mean the initial ruling will change? |
|
Definition
| Not necessarily. The judges may think the decision making process was flawed first time around, but still come to the same conclusion. |
|
|
Term
| Name public bodies that can be subjected to judicial reviews |
|
Definition
| 1) the police 2) local council 3) governments 4) courts |
|
|
Term
|
Definition
| Where someone is caused loss or injury by another's failure to take responsible care |
|
|
Term
| When was the original European Convention on Human Rights drawn up? |
|
Definition
|
|
Term
| If a piece of statute contradicts a European Human Rights Article, what is the proceedure? |
|
Definition
| The court judge should note the conflict and the government can (but does not have to) use a fast track procedure to bring the statute inline with the convention. |
|
|
Term
| When did Britain originally sign up to the European Convention on Human Rights |
|
Definition
|
|
Term
| Can public bodies act in a way that contravenes the European Human Rights Act? |
|
Definition
|
|
Term
|
Definition
| European Court Human Rights |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Right to freedom from toture, or degrading treatment |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Right to liberty and security |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Right to lawful punishment |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Right to freedom of thought and religion |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Freedom of Association and assembly |
|
|
Term
|
Definition
| Right to marry and found a family |
|
|
Term
| Are all the articles in the European Convention on Human Rights subject to derogations |
|
Definition
| No, some -such as the prohibition of toture - are fundamental. |
|
|
Term
| What principle do judges use when weighing up articles from the convention on Human rights against each other? |
|
Definition
| The principle of proportionality. |
|
|
Term
| Who is the regulator for radio? |
|
Definition
|
|
Term
| Provision of Regulatory Powers Act. |
|
Definition
| The Regulation of Investigatory Powers Act 2000 (c.23) (RIP or RIPA) is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications. |
|
|
Term
|
Definition
| Regulation of Investigatory Powers Act |
|
|
Term
| If an appeal is mounted on a point of law, will the evidence be heard again. |
|
Definition
|
|
Term
|
Definition
| It is a trial to decide the admissibility of evidence. |
|
|
Term
| Who does a void dire take place between? |
|
Definition
|
|
Term
| What is the 'spytcatcher principle' |
|
Definition
| If one publication is barred from publishing a piece of information, all other publications are also barred. |
|
|
Term
| Can you identify people aged under 17 who are on trial in a youth court? |
|
Definition
|
|
Term
| Can you publish the names of victims of sexual offences? |
|
Definition
|
|
Term
| Can broadcasts take place from the Supreme Court? |
|
Definition
|
|
Term
| If someone is 'helping the police with their enquiries' does that mean they've been arrested or not? |
|
Definition
| Not, they won't have been arrested. |
|
|
Term
|
Definition
| When someone delivers their plea of guilty or not guilty |
|
|
Term
|
Definition
| If someone admits guilt, then they put forward points explaining why they should be given a reduced sentence. |
|
|
Term
|
Definition
| When you see for the first time the evidence that the other side have. |
|
|
Term
|
Definition
| Settling without admitting guilt. |
|
|
Term
|
Definition
| A court which has little official standing. |
|
|
Term
|
Definition
| a person who freely offers opinions, esp in legal matters, that he or she is unqualified to give |
|
|
Term
| Do politicians have the power to sack judges? |
|
Definition
|
|
Term
|
Definition
| Judges shouldn't make public comments, other than through their judgements. |
|
|
Term
| Who is currently Lord Chancellor? |
|
Definition
| Michael Gove MP (Conservative) |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Director of Public Prosecutions. |
|
|
Term
| What is the role of Lord Chief Justice |
|
Definition
|
|
Term
| Who is currently the Lord Chief Justice? |
|
Definition
|
|
Term
| Who brings prosecutions in contempt cases? |
|
Definition
|
|
Term
| What is the cab rank principle in the law? |
|
Definition
| Barristers can't turn down a case. |
|
|
Term
|
Definition
| independent police complaints comission |
|
|
Term
|
Definition
| The Association of Chief Police Officers. |
|
|
Term
| TV Without Frontiers Directive |
|
Definition
| European-wide regulation of TV programmes. |
|
|
Term
| What is the Osmond warning? |
|
Definition
| Police are obliged to inform a member of the public if they know their life is under threat. |
|
|
Term
| What is the copyright period for photos? |
|
Definition
| 70 years from after the photographer dies. |
|
|
Term
| Where would you find a restricted reporting order? |
|
Definition
|
|
Term
| What are the three criteria for a piece being in the public interest according to the editor’s code |
|
Definition
| 1) Safeguarding the public from being misled. 2) Exposing serious impropriety/ crime 3) Safeguarding public health. |
|
|
Term
|
Definition
| Journalists must not use for their own profit information they receive in advance of publication. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| heard in private/ in a judge's chambers. |
|
|
Term
| What is contained in the first amendment of the US constitution? |
|
Definition
| Freedom of expression, freedom of religion, right to peaceful assembly, freedom of the press. |
|
|
Term
| What is the fifth amendment of the US constitution? |
|
Definition
| It protects against unfair treatment in the legal process. |
|
|
Term
|
Definition
|
|
Term
| Where is the Supreme Court? |
|
Definition
| Parliament Square, Westminster |
|
|
Term
| Where is the Court of appeal? |
|
Definition
| In the royal courts of justice, located near the Strand. |
|
|
Term
| Which groups/ people can't bring civil cases? |
|
Definition
| public authorities, political parties. |
|
|
Term
| What directive has affectively put an end to libel tourism? |
|
Definition
| s9 DA 2013. Foreign national can’t bring libel cases in this country unless it’s clear that they would best be brought in the UK |
|
|
Term
| What criteria must be met for someone to be able to bring a defamation case? |
|
Definition
| It needs to cause 'serious harm' by either seriously harming reputation or profits. |
|
|
Term
| What are the most up-to-date rules on defamation? |
|
Definition
|
|
Term
| How many defences are there against defamation? |
|
Definition
|
|
Term
| Name the defences against defamation |
|
Definition
| 1) truth 2) honest opinion 3) publication on matter of public interest 4) operators of website 5) peer-reviewed statements 6) reports etc protected by privilege |
|
|
Term
| What is the burden of truth to prove something is true in a defamation case? |
|
Definition
| The allegation has to be shown to be substantially true. |
|
|
Term
| In a defamation case, if there are two claims and one is shown not to be true and is shown to be true what are the ramifications? |
|
Definition
| The one that is untrue still has to be proven to have caused serious harm. |
|
|
Term
| In what circumstances does it not matter if the accused publisher did not take all the proper steps to verify their information? |
|
Definition
| If they were writing a fair, unbiased account which could be said to be in the public interest. |
|
|
Term
| Does a statement of public interest have to be a fact or an opinion? |
|
Definition
|
|
Term
| Who can bring the 'operator of website' defence against defamation charges? |
|
Definition
| Any third party digital platform that isn't responsible for the content posted on its site. E.g Facebook can't be prosecuted for defamation. |
|
|
Term
| In what three circumstances is the 'operator of website' defence void? |
|
Definition
| 1) If the website could indentify who posted the the claims 2)If the website operator had prior notice of the dodgy material that was going to be put up 3) If the operator failed to respond to complaints about the material. |
|
|
Term
| What does a 'notice of complaint' to a website operator have to contain? |
|
Definition
| 1) The defendant's name 2) The statement concerned and an explanation of why it's defamatory. 3)Specifies where on the website it was posted |
|
|
Term
| When are peer reviewed articles in scientific journals not exempt from defamation claims? |
|
Definition
| When they can be shown to be made with malice. |
|
|
Term
|
Definition
| Absolute privilege is a complete defence against any action for defamation. |
|
|
Term
| What does a report need to be in order to qualify for the qualified privilege defence? |
|
Definition
| In order to be protected by qualified privilege, your report has to be not only fair and accurate, it also has to be published without malice. |
|
|
Term
| Give some examples of statements that are protected by absolute privilege |
|
Definition
| Witness statements in court. |
|
|
Term
| What 3 conditions have to be met for the absolute privilege defence to be brought |
|
Definition
| 1) fair 2) accurate 3) contemptoraneous. |
|
|
Term
| What is an interview under caution? |
|
Definition
| a formal interview, which is usually tape recorded to ensure that an accurate record is taken. It is conducted under The Police & Criminal Evidence Act 1984, which is the rules of how we must treat you during the interview. |
|
|
Term
| In civil cases is the burden or proof on the defendant or the claimant? |
|
Definition
|
|
Term
|
Definition
| This section applies to a court considering whether to grant a relief which infringes right to freedom of expression. |
|
|
Term
|
Definition
| The Authority for Television On Demand. It is the independent co-regulator for the editorial content of UK video on demand services that fall within the statutory definition of On-Demand Programme Services. |
|
|
Term
|
Definition
| Children and Family Court Advisory and Support Service (Cafcass). |
|
|
Term
| What was Cafcass set up to do? |
|
Definition
| Safeguard the welfare of children involved in family court proceedings. |
|
|
Term
|
Definition
| Observes are allowed to repeat material from a debate, but they aren't allowed to identify the person who made the comment. |
|
|
Term
|
Definition
| The process by which a defendant is charged with a crime under the criminal justice act. |
|
|
Term
|
Definition
| The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. |
|
|
Term
|
Definition
| A barrister or legal advisor conducting a case. |
|
|
Term
|
Definition
|
|
Term
| What is the purpose of a DA notice? |
|
Definition
| DA notices are issued to news editors to stop them publishing information for the sake of protecting national security. |
|
|
Term
|
Definition
| The legal procedure that stops a defendant for being tried a second time for a crime for which they've already been legitimately acquitted. |
|
|
Term
|
Definition
| When someone works out the identity of someone involved in a court case (who can't be named for legal reasons) from several small pieces of information. |
|
|
