Main Sources and Divisions of Law in the UK

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Questions and Answers

What percentage of criminal cases are dealt with in magistrates' courts?

95% (correct)

75%

100%

50%

A claimant in a civil court must always be an individual.

False

What is the primary role of judges in a crown court?

To oversee the case.

Defendants convicted by magistrates can appeal to the _____ court.

crown Signup and view all the answers

Match the following roles with their responsibilities:

Claimant = Person or entity suing in civil court Magistrate = Lay person overseeing low-level criminal cases District Judge = Professional with legal training handling cases Justice = Member of the Supreme Court Signup and view all the answers

What is the highest court in the criminal and civil law system?

Supreme Court Signup and view all the answers

Magistrates are usually legally trained professionals.

False Signup and view all the answers

What can the prosecution do regarding an acquittal by magistrates?

Challenge the acquittal. Signup and view all the answers

The majority decision from the Supreme Court becomes _____.

binding Signup and view all the answers

Which of the following types of offenses are dealt with in the crown court?

Murder Signup and view all the answers

Which of the following is NOT a main source of law in the UK?

Presidential decrees Signup and view all the answers

Criminal law considers an offence against an individual rather than the community.

False Signup and view all the answers

What is the primary role of statutes in UK law?

To create laws through parliament legislation. Signup and view all the answers

In a criminal case, the prosecution must prove the defendant is guilty beyond a __________.

reasonable doubt Signup and view all the answers

Match the following cases to their relevant legal system:

R V Foster = Criminal law Bloggs V Jones = Civil law Scott v Scott = Precedent ECHR = Human rights law Signup and view all the answers

What determines the outcome in civil law cases?

Balance of probabilities Signup and view all the answers

The ECHR is a part of the EU laws that the UK is still subject to after Brexit.

False Signup and view all the answers

What is the penalty typically imposed in civil cases?

Damages (cash) Signup and view all the answers

A defendant in a criminal court can either plead __________ or not guilty.

guilty Signup and view all the answers

Which article of the ECHR guarantees the right to a private life?

Article 8 Signup and view all the answers

Study Notes

Main Sources of Law in the UK

Statutes and statutory instruments: Laws made by Parliament, going through the House of Commons.
Customs (common law): Laws derived from court decisions dating back to the middle ages. Known as judge-made law.
Precedent (case law): Recorded judicial decisions clarifying legal principles, setting precedents. Lower courts are bound by decisions of higher courts.
European Convention on Human Rights (ECHR): A treaty the UK has signed, which became part of UK law (Human Rights Act). EU laws no longer apply directly.

Divisions of Law

Criminal law: Offences against the community prosecuted by the state. Serious crimes are heard in crown court, less serious in magistrates court
Civil law: Disputes between individuals or companies, where compensation may be sought. Cases are heard in county or high courts.

Criminal Courts - Magistrates court

Handles 95% of criminal cases with offences like low-level theft, drink driving.
Magistrates are lay people, not legally trained.
Can impose up to 12 months imprisonment.

Criminal Courts - Crown Court

Deals with the most serious offences, including murder, rape, and fraud.
Appeals can be made to the Court of Appeal, then the Supreme Court.

Civil Courts

Civil law cases involving companies or individuals suing for damages, like medical negligence.
Mostly heard in county courts and the high courts.
Examples of disputes: Torts, copyright, family law.

Trials and Appeals

Trials can be conducted by a jury.
Judges oversee cases in high court, circuit, and recorder courts.
Appeals from lower courts are heard by higher courts (court of appeal then supreme court).
The Supreme Court: Highest court in civil and criminal law in the UK. Hearings are restricted to high-profile cases.

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Description

Explore the fundamental sources of law in the UK, including statutes, customs, and precedents. This quiz covers the distinctions between criminal and civil law, as well as the functions of magistrate and crown courts. Test your knowledge on the legal principles that shape the UK's judicial system.