1. Give an example of one incident that could lead at first instance to a hearing in a criminal court and to an action in a civil court.
2. (i)In a County Court case involving alleged negligence, what is the name given, in legal terms to:
(a) The person who takes the legal action; and
Claimant
(b) The person who is sued?
Defendant
(ii)Name three main sources of law:
Custom
Precedent
Equity
(iii)What is the name given, single or collectively to barristers?
Barristers are known, singly or collectively, as 'counsel'.
(iv)What are the three types of criminal offences dealt with in a Magistrates Court?
Indictable – only offences
Either – way offences
Summary offences
3. (i)Name the two main divisions of the law.
Criminal law
Civil law
(ii)Name the two branches of the legal profession.
Solicitors
Barristers
(iii)What is the name given to the head of the judiciary?
The Lord Chief Justisce
(iv)What is meant in law by the expression ''to take silk''?
“To take silk” means if a barrister's application to the Lord Chancellor is successful, then they are said to “take silk”.
(v)What is the name given to the person whose duties include advising the government on legal matters?
The Attorney General
The Solicitor General
4. In what circumstances in a jury at Crown Court allowed to return a majority verdict?
What majority verdict ratios are permissible?
Explain why it is good practice that
(a) When there is a conviction by a majority verdict, a newspaper should report the fact that it was by majority.
(b) When there is an acquittal by a majority, a newspaper report should not mention that the jury's vote was not unanimous.
5. What is meant in criminal law by an offence triable either way?
It means that such charges can be dealt with either at a Crown court or at a magistrates court, hence the term “either-way”.
In this category, a magistrates court may decide a particular case is so serious that only a Crown court can deal with it, or if the magistrates court decide it can deal with the case, the defendant may exercise his/her right to opt for a Crown court trial, I.e by jury.
In general, either-way offences are regarded as being of a lesser magnititude of criminality than indictable-only crime.
Nevertheless, the either – way category includes very distressing and harmful offences, e.g. theft, burglary, sexual assault, and assault causing grievous bodily harm.
6. (a)What is a tort?
Tort means a civil wrong for which monetary damages may be awarded by a court if the person affected sues in civil law, e.g. defamation, medial negligence.
(b)Name three types of actions which would come under the heading of a tort.
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