The Extent to Which the Law Achieves Justice (OCR A-Level Law): Flashcards

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The Extent to Which the Law Achieves Justice
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Nature of justice in legal disputes

Subjective - parties disagree whether justice achieved

Aristotle's concept of justice

Distribution & proportionality - outcomes proportionate to facts

Bentham's utilitarianism

Greatest happiness for greatest number of people

Procedural law definition

Systems ensuring everyone equal before law & fair treatment

Nemo judex in res sua meaning

No one should be a judge in their own cause

R v Ponting (1985) significance

Jury acquitted despite evidence - justice beyond strict law

Substantive justice definition

Justice through application of legal rules themselves

Miscarriage of justice

Conviction & punishment for crime not committed

R v Jogee (2016) importance

Supreme Court corrected historic mistake on joint enterprise

Lindsay v Customs (2002) outcome

Confiscating cars + goods held disproportionate & unjust

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