NCTJ Essential Media Law Exam
UPDATED ACTUAL Questions and
CORRECT Answers
Contempt of Court - CORRECT ANSWER✔✔- a criminal offense punishable by up to 2
years in prison or an unlimited fine
Strict liability crimes - CORRECT ANSWER✔✔- intention of the person who's posting is
not relevant
Suing - CORRECT ANSWER✔✔- where civil action begins, where one party accuses
another party of committing a civil wrongdoing (different from criminal ruling)
Libel - CORRECT ANSWER✔✔- defamation of a person
Crown Prosecution Service - CORRECT ANSWER✔✔- - independent prosecution service
(separate from the police)
- meant to not be political, independent of the police or the government
Civil Cases Definition/Process - CORRECT ANSWER✔✔- - someone is suing someone
else for money (to be paid in damages)
- defendants in civil cases do not win or earn any damages, it is only the party that is suing
that makes money from damages
- people are not criminally prosecuted (because they are convicted based on the civil standing
of truth, not beyond reasonable doubt)
Prosecution - CORRECT ANSWER✔✔- prosecuting someone for a criminal offense usually
results in prison time, paying a fine, or performing a community order
IPSO Editors Code - CORRECT ANSWER✔✔- regulatory body that regulates publications
in the UK (with some notable exceptions, i.e. The Guardian and The Independent)
,Civil Law - CORRECT ANSWER✔✔- arguments between 2 parties
(individuals/organizations) for which monetary damages can be paid (i.e. medical neglicence,
breach of copyright, defamation, libel, breach of confidence)
Criminal Law - CORRECT ANSWER✔✔- crimes against society (i.e. theft, robbery,
murder, manslaughter, grevious bodily harm, fraud, blackmail)
Sources of Law (where do they come from?) - CORRECT ANSWER✔✔- - Precedent/case
law
- Statute law
- Common law
- European Convention on Human Rights
Statue Law - CORRECT ANSWER✔✔- developed in parliament (parliament passes laws
through house of lords + commons), also known as an act of parliament
Precedent/Case Law - CORRECT ANSWER✔✔- evolves over time (judges use previous
cases, i.e. law of murder)
Common Law - CORRECT ANSWER✔✔- laws we've had since the Middle Ages (i.e.
breach of confidence, a civil tort)
European Convention on Human Rights - CORRECT ANSWER✔✔- European laws (not
affected by BREXIT, a treaty that the UK has signed up to)
Criminal Law Terminology - CORRECT ANSWER✔✔- - 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 - CORRECT ANSWER✔✔- - 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 - CORRECT ANSWER✔✔- collective name for barristers
Criminal Cases Process - CORRECT ANSWER✔✔- - Most criminal cases go to Magistrates
Court (only can send you to prison for up to 1 year)
- Most serious cases go to the Crown Court (verdict by jury, sentenced by judge, can be sent
to prison for life)
- Most juveniles go to Youth Court (exceptions include very serious cases or when there is an
adult co-accused, on the same level as the Magistrates Court, for minors)
Magistrates - CORRECT ANSWER✔✔- people (often 3) who hear cases affecting their
community in their local courts, local volunteers
, Appeals (Criminal Cases) - CORRECT ANSWER✔✔- High Court deals with appeals from
Magistrates and Crown courts on points of law (essentially saying that the conviction in
either Magistrates or Crown Courts were unfair/unjust)
Civil Cases Process - CORRECT ANSWER✔✔- - Most civil cases go to County Court (i.e.
debt recovery, breach of contract, negligence, bankruptcy, divorce, care proceedings)
- Most serious/complex cases (or those with the highest value) and defamation cases go to
High Court
- In some cases there is trial by jury in civil court if it involves:
-- Fraud - jurors will think differently to a judge (the test is what a reasonable and honest
person would think is dishonest)
-- False imprisonment - for reasons of independent decision
-- Malicious prosecution - for reasons of independent decision
Manslaughter vs Murder - CORRECT ANSWER✔✔- you intend to murder someone, you
cause someone's death with manslaughter but don't intend to
Criminal Proceedings Timeline - CORRECT ANSWER✔✔- arrested, charged, appear in
court, plead not guilty, go on trial, conviction, sentenced
Contempt of Court Act 1981 - CORRECT ANSWER✔✔- - A strict liability criminal offence
(your intention doesn't matter)
- Prosecution must prove (to criminal standard) what you published, created, or had the
potential to create a "substantial risk of serious prejudice or impediment" to a trial when a
case is active.
- Contempt is anything that interferes with the course of justice. The purpose of this part of
the act is to protect the fairness of any trial in the case
- The Attorney General, the Crown court or a higher court has power to initiate contempt
proceedings under the 1981 Act as regards what has been published.
- Offence is punishable by an unlimited fine and/or a jail sentence of up to two years.
- When proceedings are active, you cannot publish anything that could create "substantial risk
of serious prejudice or impediment"
Proceedings in a criminal case are active when - CORRECT ANSWER✔✔- - an arrest is
made without warrant;
