06/12/2011

Law Revision Notes

No matter what Chris says, I am nervous about next weeks Law exam. Since completing SATS in year 6, I manage to make a complete moron out of myself before exams, being sick, using my inhaler and now being given special spray to calm me down; brilliant. Although I am certain getting myself this worked up does me no favours and probably makes me perform far worse than if i just chilled for once in my life, I still can't help feeling slightly worried. I am now going to write up some of my revision notes made today -a week before my exam- and will hopefully help these things sink in to me a bit for next week.

- The highest court in the UK is the Supreme Court
- The DPP = Director of Public Prosecutor
- Functions of a Crown Court
  1. Indictable cases
  2. Appeals
- Criminal Offences are things that are against society and the state
- Civil Disputes are things that go on between two people such as divorces etc

- Statue Law is a law that has been inacted in parliment
- Prejudice is in simple terms, pre-judging someone and coming in to a court with pre-ideas about someone
CONTEMPT - denying people a fair trial in anyway
                       - disobeying a judge e.g. when the judge asks you to leave court and you don't
                       - laughing in a hearing etc

When does a case become legally active? We don't know - yes great answer there, but it is the right one

After an arrest has been made, what facts can be reported by us as journalists?
- Name (in most cases)
- Could say about their expression e.g. looked nervous
- Keep to neutral points

DEFAMATION - if something is said that damages their reputation
                            - they are open to hatred/ridicule/contempt
                            - they become shunned or avoided
                            - damage to their occupation occurs


Libel = Publication + Identification + Defemation
10 point test
This test was made by Judge Lord Nicholls in the appeal stage of the Albert Reynolds VS The Sunday Times case in 1999. It was made to ensure that aslong as journalists work without malice and takes responsible steps, they then may be protected from libel.
1. The seriousness of the allegation
2. The nature of the information, and the extent to which the subject matter is of public concern.
3. The source of the information. Some informants have no direct knowledge of the events. Some have their own axes to grind or are being paid for their stories.
4. The steps taken to verify the information.
5. The status of the information. The allegation may have already been the subject of an
investigation that commands respect.
6. The urgency of the matter. News is often a perishable commodity.
7. Whether comment was sought from the claimant. He may have information others do not possess or have not disclosed. An approach to the claimant will not always be necessary.
8. Whether the article contained the gist of the claimant's side of the story.
9. The tone of the article. A paper can raise queries or call for an investigation. It need not adopt allegations as statements of fact.
10. The circumstances of the publication, including the timing.


Some particular events that are protected by qualified privilege are as followed;
- Court
- Parliament
- Local Government
- Common Law

-Fair dealing is when you take someones work e.g. a picture, however you must be fair and attribute them is that's what they ask of you.

-The difference between PCC and Ofcom is that Ofcom relates to Broadcast Journalism and the PCC often deal with print journalism.

1 comment:

  1. "I manage to make a complete moron out of myself before exams, being sick, using my inhaler and now being given special spray to calm me down; brilliant".

    You've got the education system to thank for that! :)

    ReplyDelete

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