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The Nature of Law

Procedural Justice and Utilitarianism

  • 2 things to know
  • All three papers

Overview

Recall questions on what justice means in law, procedural and corrective justice, the utilitarian test, restorative justice, judicial discretion, the origins of equity and how the adversarial system aims at a fair process.

What you need to know

Answer each one before you reveal it.

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Process

What is meant by 'justice' in the context of law?

Key term

What does procedural justice focus on?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is meant by 'justice' in the context of law?

    Model answer

    Justice is the quality of being fair and reasonable, involving the proper administration of law and the fair treatment of individuals according to their rights and deserts.

  2. 2

    What does procedural justice focus on?

    Model answer

    Procedural justice focuses on the fairness of the processes and methods used to make decisions and resolve disputes.

  3. 3

    What is the aim of corrective justice?

    Model answer

    Corrective justice aims to restore the balance when a wrong has been committed, through compensation or punishment.

  4. 4

    According to utilitarianism, when is justice achieved?

    Model answer

    Justice is achieved when laws maximise overall happiness or welfare for the greatest number.

  5. 5

    In what circumstances might the adversarial system fail to achieve justice?

    Model answer

    Where parties have unequal resources or legal representation.

  6. 6

    Define restorative justice.

    Model answer

    Restorative justice focuses on repairing harm through reconciliation between offenders and victims rather than punishment alone.

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The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding

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Assault and .
batterywoundingtheft

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AThe defendant must have brought something onto their land.
BThe thing must be likely to do mischief if it escapes.
CThere must be a non-natural use of land.

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Assemble a full-mark answer from its marking points, in the order an examiner wants them.

Wound means a break in both layers of the skin.
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