English Legal System & Court Structure Flashcards

What is the function of the Law Commission?

Answer: To keep the law under review and make recommendations for reform to Parliament

The Law Commission is a statutory body established by the Law Commissions Act 1965, tasked with keeping the law under review and making recommendations to Parliament for its systematic development and reform.

Which body is responsible for prosecuting most criminal cases in England and Wales?

Answer: The Crown Prosecution Service

The Crown Prosecution Service (CPS), established by the Prosecution of Offences Act 1985, is the principal public prosecuting authority in England and Wales, making charging decisions and conducting prosecutions.

What is 'alternative dispute resolution' (ADR)?

Answer: Methods of resolving disputes without going to court, such as mediation and arbitration

ADR refers to processes for resolving legal disputes outside of court, including negotiation, mediation, arbitration, and conciliation, which can be quicker, cheaper, and less adversarial.

What is the difference between civil and criminal law?

Answer: Civil law resolves disputes between private parties; criminal law involves the state prosecuting offences against society

Civil law governs disputes between private individuals or organisations (e.g., contract, tort), while criminal law involves the state prosecuting individuals for conduct deemed harmful to society.

What is a 'barrister' in the English legal system?

Answer: A lawyer qualified to represent clients in higher courts and provide specialist legal advice

Barristers are specialist advocates who represent clients in higher courts and provide expert legal opinions. They are members of one of the four Inns of Court and regulated by the Bar Standards Board.

What is the purpose of 'legal aid'?

Answer: To provide public funding for legal representation to those who cannot afford it

Legal aid provides public funding to enable individuals who cannot afford legal representation to access justice, administered by the Legal Aid Agency under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.