AS Level Law Assignment
Lay People In The Legal System
Sample Questions:
Explain the role of magistrates in both civil and criminal cases. [20 marks]
Discuss the advantages and disadvantages of using juries to decide both criminal and civil cases. [20 marks]
(2002 Specimen Paper)
or
(a) Identify the courts in which lay magistrates and juries sit, and explain the roles of each in both criminal and civil cases. [25]
(b) Discuss the advantages and disadvantages of using lay people as decision makers in courts. [20]
(June 2002)
or
(a) Explain the role of magistrates in both criminal and civil cases. [20]
(b) (i) In what ways do lay magistrates differ from District Judges (Magistrates Courts)? (ii) What are the advantages of using lay magistrates rather than District Judges? NB. District Judges (Magistrates Courts) were formerly called Stipendiary Magistrates. [25]
(January 2002)
or
(a) Explain the role of juries in criminal and civil cases. [15]
(b) To what extent is it true that juries are randomly selected? [30]
(June 2001)
or
(a) Explain the different roles of lay magistrates and juries in criminal cases. [20]
(b) Compare and comment on the selection of magistrates and juries. [30]
(January 2001)
or
(a) Explain the different roles of lay magistrates and juries in criminal cases. [20]
(b) Compare and comment on the selection of magistrates and juries. [30]
(2000 Specimen Paper)
'OLD STYLE' QUESTIONS
1. Lay magistrates are required to play a major role in the legal system. Discuss whether this is satisfactory.
(June 2001)
or
2. With reference to both juries and lay magistrates, discuss whether the participation of lay people in the legal system is desirable.
(May 1999)
or
3. "Two major criticisms may be made about lay magistrates. These are, first, that the method of selection does not produce a balanced bench and, second, that their training is inadequate for the work they are required to do."
To what extent are these criticisms justified?
(May 1998)
or
4. What arguments could be put forward in favour of abolishing juries in both civil and criminal cases?
(May 1997)
or
5. Would the quality of criminal justice be improved by abolishing the use of juries in criminal courts?
(May 1996)
or
6. 'The common criticism is that both magistrates and juries produce "amateur" justice, getting too many decisions wrong.' (Dugdale et al)
With reference to the above statement compare and contrast the role of magistrates and juries.
(May 1995)
or
7. Bill Sykes is charged with manslaughter.
(a) Explain to him the sequence of events that will occur after he is charged up to and including his trial. [25 marks]
(b) Critically examine the process of selection of the jury for the trial. [25 marks]
(May 1994)
or
8. Are lay magistrates required to play too great a role in our legal system?
(May 1993)
or
9. "We believe that twelve persons selected at random are likely to be a cross-section of the people as a whole and thus represent the views of the common man."
(Lord Denning MR in R v Sheffield Crown Court ex parte Brownlow (1980))
Does this provide a satisfactory justification for trial by jury in criminal cases?
Is there any other satisfactory justification?
(May 1991)
Guidance
My students should see me in the Law workshop or email me if help is required with this assignment.
Set:
Due: