Rights and Responsibilities

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  • Created by: Estheexd
  • Created on: 19-04-14 12:47
Where do rights come from?
Legal rights come from laws made by parliament
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How can a legal system be defined
A legal system is defined by the following principles: its binding on the whole society, it punishes people who have commit criminal offences, ensures contracts between people/companies are kept honoured
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Identify and give examples of two different types of duties
Relative duties: duties that have a corresponding rights e.g the duty to pay a dept has a corresponding right for a person to be paid what is owned to them. Absolute - duties that dont have corresponding rights eg the duty to not break the law
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What is the difference between a claim right and a liberty right?
A Claim right is one that infers a corresponding duty to the rght holder but a Liberty right is a 'freedom' or permission to do something
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Give a example of three rights and explain the statue/legislation they originate
Right to vote- represantation of the people act 1969, right to a fair trial - humans right act 1998, right to practise a religion- human rights act 1998, right to a free education or training to the age of 18- education act 1944
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Why is law described as dynamic?
The law is described as dynamic because it adapts to changing social, economic, and political factors
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Detail an example of how citizens' rights may conflict
A mothers right to know about any medical treatment her 15 yr old daughter is recieving conflicts with the daughter's right to privacy or confidentiality
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How might citizens resolve conflicting rights?
a citizen may resolve conflicting rights with the other party via negoation or mediation of some kind and they can also use the court system to resolve conflicting rights
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Explain the terms 'constitiution' and 'parliamentary soverignty'
Consitiution: contains the rules of government and the rights of citizens; can be coded (written down in one document) or uncodifed (written in several different documents or laws) Parliamentary: is the principle that parilament is supreme law maker
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Which events led the ECHR being instigated?
Human rights abuses of the second world war; in particular holocaust
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Why did some feel that the Human Rights Act 1998 was necessary even though the ECHR existed?
even thought the ECHR existed it was time consuming and expensive to seek redress under ECHR. HRA meant ECHR was now part of of uk law so judges could apply the convenction
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What was the aim of the Data Protection Act?
The DPA aimed to protect the information held on an individual and allow access to a person's information if they needed it.
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What was the aim of the Freedom of Information Act?
FOIA aimed to ensure that citizens could ask public authorites if they held any information on a particular subject; and to achieve more transparency in terms of government activities
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How are freedom of expression and the right to know linked?
Right to know allows citizens to know about decisions that the governement are making and publicise/criticise them
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Why might information be withheld by a public authority?
A public authority may withhold information if: the information is too sensitive in terms of national security, the request is unnecessary as the info will or has been published, the request would cost too many hours/money to suply the info
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What is the purpose of both criminal law and civil law?
Main purpose of criminal is to regulate and control society by punishing behaviour that society sees as wrong. Purpose of civil is allow citizens to seek a remedy through the courts if their in a dispute with another individual or company
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Explain the difference between the decisions a criminal court and civil court make.
Criminal courts make decisions regarding guilt of the defendant and then pass sentence. Civil offer a decision as to whether the claim of the 'claimnant' is valid and can award compensenation
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Why is it important that citizens can make use of the the civil courts to settle disputes about contracts or wills
It is important that citizens use civil courts to settle disputes about contracts and wills so that they can have confidence that they will be fulfilled If they didnt believe that they will be fulfilled then there would be little point in making them
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What are the key differences between barristers and solictors?
Many more solictors than barristers, different ways of woking solictors in firms, barristers in chambers; solictors can sue their clients to recoup their fees but barristers cant. Barristers work in higher courts. Solictors in magistrate courts
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What are the advantages of having two legal professions?
Having two legal professions allow for specialised avocacy and for legal proffessionals who have specialised in particualr areas of law
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Why is it important that citizens are provided assistance with legal costs and why might it be more important in criminal cases?
it is important because if they are not provided assistantthis would prevent their right to a fair trial and may mean that they are not able to present their defence properly
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Why might ADR be preferable to using the court system?
It is less expensive, less stressful, more private, more convient, and allow decisions that satisfy both parties
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What are the differences between mediation, conciliation and arbitration
mediation: third party remains neutral, doesnt make any suggestions Concilation:they play a more active role. Arbiration: the decisions by the arbirator can be binding
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Identify three situations which would be likely to result in the use of a tribunal
disputes between employers and employees, surrounding pay, dismal or discrimination. Disputes between an individual and a government e.g healthcare, education
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What is the function of ombudsmen?
An ombudsmen is an official who appointed to check on government activity behalf of an individual and to investigate complaints that are made. range of ares for e.g health service, local government, housing and legal services
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Identify the powers that civil courts have.
have the power to award damages, to order that the terms of a contract are performed, to issue an injuction
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Explain some of the issues thats courts have when balancing conflicting rights
they have to balance the rights of individual citizens e.g. in owning property, making contracts. with the responsiblity of protecting the security of state
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Outline the remedies available to an individiual for breach of rights protected by the ECHR.
.An individual can take a case to the the european court of human rights, an ombudsmen or seek judical review
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What is the purpose of judicial review?
Judical review allows a person who has been affected by a decision of a public body to ask the court to review the decision
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In which situations can judical review occur?
they can occur when an applicant has a sufficent intrest in the matter to be reviewed.
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Outline the remedies avaliable through judicial review
damages, injuction (an order preventing the defendant from some act)
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Other cards in this set

Card 2

Front

How can a legal system be defined

Back

A legal system is defined by the following principles: its binding on the whole society, it punishes people who have commit criminal offences, ensures contracts between people/companies are kept honoured

Card 3

Front

Identify and give examples of two different types of duties

Back

Preview of the front of card 3

Card 4

Front

What is the difference between a claim right and a liberty right?

Back

Preview of the front of card 4

Card 5

Front

Give a example of three rights and explain the statue/legislation they originate

Back

Preview of the front of card 5
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