GCSE Law Unit 1

Revision for Unit 1.
What is Law?
- Law is a set of rules.
Why we need Law?
- To keep public order.
- To protect individual freedoms.
- To regulate relationships.
- To set standards.
- To provide solutions for legal problems.
Classification of Law
- International and national law.
- Public and private law.
Differences Between Civil and Criminal Law
- Criminal cases are where the State accuses someone of a crime.
- Civil cases are taken by individual people or businesses in order to claim or enforce a right.
Double Liability
- When an action breaches two types of law.
Criminal Courts (Magistrates' Courts)
- Cases are tried by a district judge or lay magistrates.
Criminal Courts (Crown Court)
- Cases are tried by a judge and jury.
Criminal Appeal Courts
- Crown Court (for appeals from the Magistrates' Courts)
- High Court Administrative Court (for appeals from the Magistrates' Court on points of law)
- Court of Appeal (Criminal Division) for appeals from the Crown Court
- Supreme Court for a further appeal from the Court of Appeal
Civil Courts (County Court)
- Cases are decided by judges.
Civil Courts (High Court
- Deals with claims of more than £15,000.
Civil Appeal Courts
- High Court (for appeals from the County Court)
- Court of Appeal (Civil Division) for appeals from the High Court
- Supreme Court for a further appeal from the Court of Appeal
Magistrates' Courts (Summons)
- A document sent by post to the accused person.
Magistrates' Courts (Arrest)
- For more serious offences, the suspected person will be arrested by the police.
Magistrates' Courts (Police Bail)
- After the suspect has been charged the police may decide to allow them bail.
The Crown Prosecution Service
- The CPS is responsible for prosecuting most cases in the criminal courts.
Magistrates' Courts Duty Solicitors
- While a suspect is being held by the police at a police station, he or she has the right to consult a lawyer.
Magistrates' Courts Bail
- Police Bail/Bail at Court
Magistrates' Courts Summary Offences
- Less serious offences which can be tried only in a Magistrates' Court.
Magistrates' Courts Offences Triable Either Way
- Offences which can be tried either in the Magistrates' Court or in the Crown Court.
Magistrates' Courts Indictable Offences
- More serious offences which can be tried only at the Crown Court.
Magistrates' Courts Guilty Plea/Not Guilty Plea
- The defendant can plea guilty or not guilty.
Magistrates' Courts Sentencing
- Before sentencing a defendant, they will hear about the defendant's past convictions and his or her background and financial situation.
Magistrates' Courts Appeals
- The defendant has the right to appeal against both conviction and/o sentence.
Crown Court Trial on Indictment
- An indictment is the document setting out the charges against the defendant.
Crown Court Role of the Judge
- Before the trial.
- Guilty plea.
- At the trial.
- Sentencing.
Crown Court Role of the Jury
- Decide the verdict.
Crown Court Sentencing
- Custody.
- Community orders.
- Fines.
- Discharge.
Crown Court Appeals
- Court of Appeal (Criminal Division)
- Further Appeal at Supreme Court.
Civil Claims
- Most people will try to come to an agreement rather than start court proceeding.s.
Citizens Advice Bureaux
- Issue general advice on legal matters.
Funding a Civil Case
- Public funding.
- Conditional fees.
- Insurance.
- Public Funding.
Bringing a Civil Claim
- The claim form.
- Defending the claim.
- The track system.
- Small claims.
- Fast-track cases.
- Multi-track cases.
- Damages.
- Injunctions
- Set up to deal with specific types of claim.
- Enforce Human Rights
Alternative Dispute Resolution (ADR)
- Negotiation.
- Mediation.
- Conciliation.
- Arbitration.
Use of Juries
- The use of a jury in the courts to help decide cases goes back over a thousand years.
Jury Qualifications
- Aged between 18 and 70.
- Registered to vote on the electoral register.
- Have lived in the UK for at least five years.
Selection of a Jury
- Jurors are selected at random from computerised lists of the electoral registers for each area.
Role of Juries in Criminal Trials
- The role of the jury in the Crown Court is to listen to the evidence and decide whether the accused is guilty or not guilty.
Applying to be a Magistrate
- Those who wish to be lay magistrates must apply to their local advisory committee.
The Role of Magistrates
- Most of the work is connected to criminal cases.
- Training.
- Solicitors' work.
- Advocacy.
- Training.
- Pupillage.
- Barristers' work.
- Queen's Counsel.
Types of Judge
- District Judges (Magistrates' Court/County Courts)
- Recorders (Part time in Crown Court)
- Circuit Judges (Crown Court)
- High Court Judges (High Court)
- Lords Justices of Appeal (Court of Appeal)
- Law Lords (Supreme Court)
Role of Judges
- District Judges (small claims cases under £5,000)
- Recorders (part time judges)
- Circuit Judges (hear civil cases)
- High Court Judges (Queen's Bench Division, Chancery Division, Family Division)
Qualifications of Judges
- Qualified as either a barrister of solicitor.
- House of Commons.
- House of Lords.
Green and White Papers
- Green Paper (Government's view put forward)
- White paper (Government will publish a final white paper)
Passage if a Public Bill through Parliament
- First Reading.
- Second Reading.
- Committee Stage.
- Report Stage.
- Third Reading.
- House of Lords.
- Royal Assent.
- Commencement of an Act.
Orders in Council
- Made by Queen and Privy Council.
Statutory Instruments
- Made by government ministers.
- Made by local authorities.
Ratio Decidendi
- Summary of the facts of the case.
Obiter Dicta
- Other things said.
Stare decisis
- Stand by the decision made.