access to justice

• What are the three forms of funding in a civil case?

  Self-funding, government funding, insurance
• What does self-funding in a civil case mean?

  You cover the entire cost yourself
• What is required to qualify for government funding?

  You must be applicable through means testing
• What is the purpose of means testing in government funding?

  To check your financial viability
• How does insurance function in civil cases?

  A third-party covers costs under conditions
• What is the nature of public funding in criminal cases?

  • More accessible than civil cases
  • Requires qualification through multiple tests:
  • Interests of justice test
  • Magistrates means test
  • Crown courts means test
• When is it best to use fixed fees in legal cases?

  For predictable scope or clear conclusions
• In what situations are hourly rates preferred?

  For uncertain, lengthy legal cases
• Is it better to have a fixed fee for simple cases?

  Yes, it is better for simple cases
• What are disbursements in legal cases?

  Expenses incurred by a law firm for clients
• What is after the event insurance?

  Covers costs if obtained post-dispute
• What are the advantages of legal expenses insurance?

  Peace of mind and access to legal expertise
• What are the disadvantages of legal expenses insurance?

  Typically has limitations and can be costly
• What defines a crime?

  A conduct forbidden by the state
• According to Lord Atkins, how is the criminal quality of an act determined?

  By whether the act is prohibited with penalty
• Who mainly sets down criminal law?

  The state
• What can a breach of law lead to?

  A penalty
• How can judges criminalize conduct?

  By creating new offences through case law
• What was established in Shaw v DPP [1962]?

  Offence of conspiracy to corrupt public morals
• What was established in R v R [1991]?

  Marital rape as an offence
• What are the two elements that must be proved in a crime?

  Actus reus and mens rea
• What does actus reus refer to?

  An act, omission, or state of affairs
• What does mens rea refer to?

  A guilty mind or fault element
• What are strict liability offences?

  Offences needing only actus reus proved
• What is the standard of proof in criminal law?

  Beyond reasonable doubt
• Who bears the burden of proof in criminal cases?

  The prosecution
• What are the four types of sentencing in criminal law?

  1. Discharge
  2. Fine
  3. Community sentence
  4. Custodial sentence
• What is a custodial sentence?

  Prison time with community license
• What are the conditions of a custodial sentence?

  Obey rules, including ankle tags
• What is community service in sentencing?

  Unpaid work to help the community
• What is the range of hours for community service?

  40-300 hours
• How are fines determined in court?

  Based on seriousness and income of offender
• What are discharges in sentencing?

  For least serious offences, court is enough
• Can discharges have conditions?

  Yes, they can have conditions