17106978
Description
Flashcards by Stuart Halford, updated more than 1 year ago
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Created by Stuart Halford
about 5 years ago
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| Question | Answer |
| Legal System Other Forms of Dispute Resolution Why were tribunals created? | To give people a method of enforcing their entitlement to certain social rights. |
| Legal System Other Forms of Dispute Resolution How do tribunal differ from courts? | They are less formal. |
| Legal System Other Forms of Dispute Resolution What are some of the types of rights that can be settled at at tribunal? | The right to mobility allowance The right to payment if made redundant The right not to be discriminated against The rights of imigrants to assylum |
| Legal System Other forms of Dispute Resolution Which act reformed the tribunal system and created a unified structure? | Tribunals and Courts Enforcement Act 2007 |
| Legal System Other Forms of Dispute Resolution What are the seven chambers (divisional) of the first tier Tribunal? | Social Entitlement Health, Education and Social Care War Pensions and Armed Forces Compensation General Regulatory Taxation Land, Property and Housing Asylum and imigration |
| Legal System Other Forms of Dispute Resolution What is the order of the tribunal appeal route? | First Tier Upper Tribunal Court of Appeal Supreme Court |
| Legal System Other Forms of Dispute Resolution What is the composition of a tribunal hearing? | Tribunal judge but for some cases two non-lawyers who have expertise in a particular field of the tribunal. |
| Legal System Other Forms of Dispute Resolution What is the proceedure in a tribunal? | Both sides put case. In some tribunals cross examination Most applicants present own case Descision is binding |
| Legal System Other Forms of Dispute Resolution What are the advantages of tribunals? | Prevent overlaoding courts Cheaper to deal with Can be dealt with quickly More informal than court Dealt with by experts in area |
| Legal System Other Forms of Dispute Resolution What are the disadvantes of tribunals? | Lack of legal aid funding More formal than other ADR Can be delays as experts often only sit part-time |
| Legal System Other Forms of ADR What is negotiation? | The progess of trying to come to an agreement. |
| Legal System Other Forms of Dispute Resolution What are the advantages of negotiation? | It is private Quick and cheap |
| Legal System Other Forms of Dispute Resolution What is mediation? | Using a neutralperson in a dispute to try to help parties come up with a compromise solution. |
| Legal System Other forms of dispute resolution What must families do in a family case before starting any court proceedings? | Show they have attended a Mediation Information and Assessment Meeting (MIAM) |
| Legal System Other Forms of Dispute Resolution What are the advantages of mediation? | Decision is not stictly legal - based on commercial good sense and compromise. Makes it easier for companies to do business with each other in the future. Avoids adversarial conflict of courtroom. |
| Legal System Other Forms of Dispute Resolution What are teh main disadvantages of mediation? | No guarentee the matter will be resolved. |
| Legal System Criminal Courts What three categories are offences divided into? | Summary Triable either way Indictable |
| Legal System Criminal Courts What is a summary offence? | Least serious - only tried at Magistrates Court - driving offences, common assault, criminal damage less than £5000 and shoplifting if goods less than £200. |
| Legal System Criminal Courts What is a triable-either-way offence? | Mid range crimes such as theft- assault causing ABH. If D pleads guilty then heard by magistrates. Not guilt y D can choose Crown Court and jury. If case to serious magistrates may send case to Crown. |
| Legal System Criminal Courts What is an indictable offence? | Most serious crimes including murder, manslaughter and rape - preliminary hearing at magistrates but then transferred to Crown Court. |
| Legal System Criminal Courts What is the maximum sentence and fine that can be given in a Magistrates Court? | Six months for one offence Twelve months for two offences Top end - there is no limit. |
| Legal System Criminal Courts What percentage of a magistrates workload does trying summary and tiable-either-way cases amount to? | 97% - the rest is preliminary hearings or triable-either-way or indictable Issuing warrents and deciding bail applications Try cases is youth courts |
| Legal System Criminal Courts What are the appeal routes from Magistrates Courts? | Appeal to Crown Court - only available to defence. Heard at Crown by judge and two magistrates - can decide the same - can reverse - find guilty of a lesser offence and vary. Confirm - increase or decrease |
| Legal System Criminal Courts What is a case stated appeal used for? | Goes to Adminstrative Court - for the defendant against conviction - for the prosecution for acquital if it is believed there has been a mistake about law. |
| Legal System Criminal Courts How can a defendant appeal a decision reached in a Crown Court. | Must get leave tp appeal. Criminal Appeal Act 1995 Allow appeal if think conviction is unsafe. Dismiss an appealin all other cases |
| Legal System Criminal Courts What can the Court of Appeal do if they decide the conviction is unsafe? | Quash Convict of a lesser offence Can decrease sentence |
| Legal System Criminal Courts When can the prosecution appeal a Crown Court decision? | CJA 2003 Can appeal against acquital where jury has been "nobled". Where new and compelling eidence means a retrial. Known as double jeopardy. |
| Legal System Criminal Courts What other circumstances allow an appeal by the prosecution. | On a point of law not being explained properly to jury. Against an usually lenient sentence. |
| Legal System Sentencing What is retribution? | Punishment being imposed because the offender deserves punishment. |
| Legal System Sentencing What is deterrence? | Giving a punishment that puts the defendant off re-offending behaviour for fear of punishment or preventing other potential offenders from commiting similar crimes. |
| Legal System Sentencing What is rehabilitation? | Tryin to alter the offender's behaviour so that he will conform to community norms and not offend in the future. |
| Legal System Sentencing What is reformation? | Trying to reform the offenders behaviour so that they will not offend in future. |
| Legal System Sentencing What is reparation? | Where an offender compensates the victim or society for the offending behaviour. |
| Legal System Sentencing What is deninciation? | Expressing society's disapproval of an offender's behaviour. |
| Legal System Sentencing What are the three categories used in determining the offence category in tariff sentences. | Category 1: Greater harm and higher culpability 1yr 6m - 1 to 3 yrs Category 2: Greater harm and lower culpability or visa versa. 26 wks - low level community order to 51 wks custody Category 3: Lesser harm and lower culpability. Medium to higher level community order. |
| Legal System Sentencing What sentences are available? | Mandatory or discretionary life Fixed-term Suspended Sentence |
| Legal System Sentencing What kind of Community Orders are avialable? | Unpaid work - activity requirement - programme requirement - prohibited activity requirement - curfew requirement - exclusion requirement - residence requirement - mental health traetment requirement - drug rehabilitation requirement - alcohol treatment requirement - supervision requirement. |
| Legal System Sentencing What kind of aggravating factors can impact on sentences set out in the CJA (2003)? | Previous convictions for similar offence Defendant being on bail when commiting offence Racial or religious hostility is part of the offence Hostility to disability or sexual orienation. |
| Legal System Sentencing What factors may be taking into consideration in mitigation? | Mental illness of D. Physical illness of D No perious convictions Evidence of genuine remorse |
| Legal System Sentencing How are sentences impacted by early plea of guilt. | First reasonable opportunity 33% After trial set 25% Door of court or once trial has begun 10% |
| Legal System Sentencing What else may impact on the sentence | The report on the offender prepared by probation service on offender's background or medcal reports. |
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