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Cards (72)
Tribunals
are most likely used to resolve when a person feels they have been unfairly
dismissed
from
employment
what is a
tribunal
?
panel
of 3 hearing a case-1 with
legal training
, other 2 with an
experience
what does a tribunal court Deal with?
Employment disputes
,
pensions
,lands,
disputes
effecting daily life
mediation
is another form of
tribunal
aiming to help reach
agreement
within parties
mediation
offers an impartial
third party
to help reach agreement
why may people go to mediation than courts?
its
cheaper,
quicker
than court- cases can be mediated over the
phone
sometimes solved within an
hour
what is restorative justice aims ?
aims to repair the harm done by an
offendors
actions and restore a
balance
what is restorative justice?
offenders
listen to their victims about the
impact
of their crime and
apologising
in a letter or in persons
A special
constable
is a volunteer who assists the police but works fewer hours than
ordinary constables
What is one reason courts impose different punishments for the same crime?
Mitigating
factors like
mental health
View source
What is another reason courts may impose different punishments?
Aggravating
factors like repeated
offenses
View source
What are mitigating and aggravating factors in sentencing?
Mitigating factors:
Characteristics that may
lessen
punishment (e.g.,
mental health issues
)
Aggravating factors:
Circumstances that may
increase
punishment (e.g., repeated
offenses
)
View source
explain one way used by governments to reduce crime in the UK:
More
CCTV
in areas preventing Crimes due to the ideology of being
caught
explain how common law operates in the Uk legal system:
law is common or universal to ensure country achieves a detailed system of
law reports
two factors that may cause
crime rates
to increase:
Poverty
-leading people to steal to
survive
Financial position
(increasing
debt
)
Changes in law
or increase reporting of a crime
What is a magistrate?
an unpaid
judge
who only deals in a
magistrates court
and decides the verdict+sentence
what are two features of a
magistrate
?
they decide the
sentence
and
verdict
they deal with criminal and
civil
cases/smaller
magistrates court
is used
95%
of the time with a
small number
of civil cases
magistrates have the power to give :
prison sentence up to
6 months
fines
discharge
( let go but have a
criminal
record)
what is a judge?
decides the
sentence,
maintains
order
in court
what are two features of a judge?
work in
all
courts
works with a
jury
what are the two factors?
mitigating
, agrivating
what are two features of a crown court?
can give a maximum sentence of
life in prison
deal with more
serious
cases
judges
and
barristers
wear
wigs
in a
crown court
examples of dealing with civil cases(alternate dispute resoluton):
mediation
tribunal
small claims court
what is ombudsman?
official hired by
gov
agencies to investigate individuals
complaints
, come up with
resolution
suggestions
what is mediation?
go between between people in
disputes
to
resolve
the problem
what are tribunals?
resolve
work place
disputes
what are a small claims court?
court for small claims up to
£10,000
tribunal-cases heard by an
panel
of 3 members, leader has
legal
training with the other 2
experts
in
field,
claimants and respondents give
evidence
tribunals can set
fines
or award
compensations
after
evidence
is provided and
decision
is made
there are different types of
tribunals
(
employment
,
land
, pensios)
mediation- doesn’t take
sides
, both sides have to
agree
with solution, attempt to come to an agreement which is
legally binding
mediation resolves
cases
such as
housing
,
consumer
issues and neighbours
what are two features of mediation?
its
cheaper
than
court
its a more flexible alternate to fit into peoples hours
what is an example of civil law?
deals with non-criminal
disputes
where a law hasn’t being broken for example
divorce
suggest 3 benefits of using
jurors
and
magistrates
in the legal process:
a sense of
democracy
by involving citizens
cheaper
because magistrates don’t get paid
allows different views to be heard (
bias
)
two examples of how
UK laws
have changed with values of society:
gay marriage
became legal
2013
equality act
in
2010
protecting people from discrimination
3 features of a youth court:
more
informal
no
jury
sentences include specialised
youth sentences
one way England laws differ from Scotland- scottish criminal responsibility age is
12
, in England its
10
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