PRELIMINARY LAW EXAM NCTJ QUESTIONS AND ANSWERS GRADED A+
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Course
NCTJ
Institution
NCTJ
PRELIMINARY LAW EXAM NCTJ QUESTIONS AND
ANSWERS GRADED A+
Contempt of Court - a criminal offense punishable by up to 2 years in
prison or an unlimited fine
Strict liability crimes - intention of the person who's posting is not
relevant
Suing - where civil action begins, where one party ...
Sources of Law (where do they come from?) - ✔✔- Precedent/case law
- Statute law
- Common law
- European Convention on Human Rights
Statue Law - ✔✔developed in parliament (parliament passes laws through
house of lords + commons), also known as an act of parliament
,Precedent/Case Law - ✔✔evolves over time (judges use previous cases,
i.e. law of murder)
Common Law - ✔✔laws we've had since the Middle Ages (i.e. breach of
confidence, a civil tort)
European Convention on Human Rights - ✔✔European laws (not affected
by BREXIT, a treaty that the UK has signed up to)
Criminal Law Terminology - ✔✔- Guilty= committed a criminal wrong/crime
- Prosecute= Is it the public interest? Is there a realistic prospect of
conviction?
- Charge= formal accusation giving details of the crime
- Defendant= The person accused (criminal) —- or the party against whom
action is being taken (civil)
- Solicitor= legal representative who deals with the client and does the
background work
- Barrister= Legal representative who represents the court (make
submissions to the judge, true in both civil and criminal cases)
- Fine= paying an amount of money in a criminal case
Civil Law Terminology - ✔✔- Claimaint= person who is taking the civil
action
, - Defendant= The person accused (criminal) — or the party against whom
action is being taken (civil)
- Solicitor= legal representative who deals with the client and does the
background work
- Barrister= Legal representative who represents the court (make
submissions to the judge, true in both civil and criminal cases)
- Sue= take proceedings against someone (usually for money)
- Tort= a civil wrong (what you are suing for, i.e. medical negligence)
- Claim form= starts a civil action (document detailing the case)
- Damages= the amount of money to be paid in a civil case
- Injunction= A court order forcing someone to do or stop doing something
(most famous example is the one preventing journalists from publishing
articles)
-- i.e. Robert Thompson and Jon Venables murder case (cannot publish
photos of two convicted as murderers as children now, or publish anything
about their release from prison, lifelong injunction)
-- Famous injunctions regarding privacy (PJS case)
Counsel - ✔✔collective name for barristers
Criminal Cases Process - ✔✔- Most criminal cases go to Magistrates
Court (only can send you to prison for up to 1 year)
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