Section B
What is the role of the House of Commons & house of Lords
*What is meant by Parliamentary Supremacy?
How can the above be undermined?
Delegated Legislation
*What is delegated Legislation?
*What are the advantages of Delegated Legislation?
*What are the disadvantages of Delegated Legislation?
Precedent
What is case Law?
What is meant by the doctrine of precedent?
**Why is the hierarchy of courts important?
What is a binding precedent?
What is a precedent?
What is a persuasive precedent?
What is meant by the term of ratio decidendi?
*What is Obiter Dicta?
*What is a law Report?
*What are the advantages of precedent?
*What are the disadvantages of precedent?
Police Powers - Arrest
*Who have the powers to carry out an arrest?
What act allows these powers?
*What is an arrestable offence?
**When would the police only be able to make an arrest?
*When could the police or a citizen make an arrest?
Under what act can a private citizen make an arrest?
What is meant by arrest with a warrant?
Without a warrant?
Identify rights of the suspect at the police station
For how long may a suspect be detained at a police station without charge?
What act covers police bail?
Identify conditions of bail
**Why would someone be refused bail (remanded in custody)?
Identify factors in favour of granting bail
Crown Prosecution Service
What are the tests that the CPS carry out in order to proceed with the prosecution?
What is the role of the CPS?
*What is a Duty solicitor Scheme?
*
Identify and explain the two tests applied by the CPS
Where would an accused person have a duty solicitor?
What are the requirements to be considered for Criminal Legal Aid ( in the interests of justice test)
What is the role of the Legal Services Commission?
What does the Community Legal service provide?
Identify two types of civil claim which will not get government funding.
How does the means test work?
What is the statutory charge?
How do conditional fees work?
What are the advantages of a duty solicitor scheme?
Legal Professions
**What are the differences between a solicitor and a barrister?
Explain the routes to qualification as a barrister.
Explain the routes to qualification as a solicitor
What is a QC
Identify the governing bodies of barristers and solicitors.
What is the cab rank rule?
What is advocacy?
What is conveyancing?
What is a right of audience?
What are the advantages of fusion?
What are the disadvantages of fusion?
What are the two types of magistrates?
What is the criminal jurisdiction of magistrates?
What is the civil jurisdiction of magistrates?
Explain the appointment procedure for lay magistrates.
What are the key qualities required of magistrates?
What is the role of the legal advisor*
What are the qualifications of a district judge?
What are the advantages of lay magistrates?
Disadvantages ?
*What role would a Crown Court Judge have in a serious case?
What role would a jury have in a serious case?
*How are Lay Magistrates appointed?
What judges are allowed to sit in the Crown Court?
*What is a QC?
What is a cab rank rule?
*How can a person become a barrister?
How can a person become a solicitor?
What is the 1990 reform set out by the Courts and Legal services act?
Juries
****How are jurors selected?
In what court will a jury sit?
**What act sets out the qualifications for jurors?
***What groups were excused?
**
What groups were ineligible?
**What groups are disqualified?
What is Jjury ballot
Jury vetting
Challenging
Should jury service be a compulsory universal civic duty?
**What is meant by a unanimous decision?
**What is meant by a majority decision?
*When are jurors used in a civil case?
What is the disadvantage with juries sitting on a civil case?
***What are the advantages of juries?
***What are the disadvantages of juries?
Appeals
*What courts can hear an appeal after a conviction?
How can a victim appeal? On what grounds?
From the magistrates court
From the Crown Court
What is the double jeopardyrule?
Describe the circumstances in which the prosecution can appeal from the Crown Court to the Court of Appeal Criminal division.
*What is meant by the term triable either way?
What is meant by triable only on indictment?
What are mode of trial proceedings?
What is meant by accused antecedents?
What is meant by plea mitigation?
What is a guilty plea?
Do you think that the above should be taken into account before sentencing?
Legal Aid
What problems do people have in seeking legal advice etc?
What organisations are available to help?
Why has the 1990 Courts and Legal Services Act increased competition in the legal profession?
What are conditional fees?
What is a means test?
What is a merits test?
Civil Claims Procedures
What is the three Track Procedure?
What is meant by small claims track?
Fast track?
How will a client qualify for Civil Legal Aid
*What is a conditional fee arrangement in a civil claim?
*What is insurance in a civil claim?
What are the advantages of conditional fees ( no win no fee)
What are the disadvantages ?
How may an individual be restricted the right to free speech?
What is a criminal case?
Civil case?
Sentencing
What is a mandatory sentence?
What is a discretionary sentence?
What is a youth court?
What is an adult magistrate’s court?
**What is a summary trial?
What is meant by the phase committal for trial?
Committal for sentence?
What does a magistrate clerk do?
Outline the criminal jurisdiction of magistrates:
Outline the civil jurisdiction of magistrates: