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9 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Juries Trials are generally only available for? |
Defamation, false imprisonment, malicious falsehood and fraud cases. (Section 69, Senior Courts Act 1981). As these cases involve character or reputation. |
-Defamation -False...? |
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Jury Trials can be refused if? |
The case involves complicated documents, accounts, scientific documents. Since they were thought unsuitable for juries. |
-Documents -acc....? |
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Parties to civil cases can apply for juries to her other cases. But in Ward V James, the Court Of Appeal said? |
Personal injury cases should be tried by a judge sitting alone. Juries should only be allowed to hear personal injury cases in exceptional circumstances. |
Personal Injury cases |
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What is the Juries Role in Criminal Cases? |
The most important use of juries is in the Crown Court where they decide if the defendant is guilty or not guilty, having listened to the facts of the case. |
ππ ππ¬ |
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What is a Split Function? |
The trial is presided over by a judge and the functions are split between the judge and jury. The judge decides point of law and the jury decides the facts. (R V Mowatt) |
Split between judge and jury. |
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Majority Verdicts |
After at least 2 hours, the jury have not reached a verdict, the judge can tell them he can now accept a majority verdict. This is 10/2 or 11/1 of the juries votes for or against the defendant. The judge cannot put pressure on the jury to reach a verdict (Mckenna) and a later case Buttle 2006 |
10/2 11/1 no pressure |
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The judge must? |
Accept the verdict of the jury. The jury does bot have to give reason for the decision. The decision os arrived at in secret. The jury can acquit anyone regardless of the law or weight of evidence against them. |
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The judge must? |
Accept the verdict of the jury. The jury does not have to give reason for the decision. The decision has been arrived at in secret. The jury can acquit anyone regardless of the law or weight of evidence against them. |
Accept? β π« π¬β |
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Parties Cannot Demand Juries, the Judge can however? |
Deny the option in cases requiring "prolonged examination of documents or accounts or any scientific or local investigation which cannot be conveniently made with a jury" e.g. mcdonals V steel and morris |
Judge can deny option in cases requiring "prolonged examination of..." ππ V π΄M |
