chapter 10-The judiciary-superior and inferior judges Flashcards
what are the qualifications of becoming a Supreme Court judge
-judges are called justices of the senior court
-15 year Supreme Court qualification
-been a barristor or solicitor
Court of Appeal qualifications and roles
-Lord justices of Appeal
-7 years legal experience
-been a high court judge
-barrister or solicitor
ROLES
-Hear appeals
-criminal cases on conviction or sentence
-civil cases on the finding or money awarded
High court qualifications and roles
-7 years legal experience
-barrister or solicitor
-been a circuit judge for 2 years
-they deal with the first instance cases and decide liability
-sits in one of the 3 divisions
Crown court 3 qualifications
-5 years legal advice
-Been a district judge or recorder for 3 years
-barrister and solicitor
County court qualifications and roles
-barrister / solicitor
-5 years legal advice
-or district judge
-deal with civil cases alone and decide the liability
Magistrate courts qualification and roles
-5 years legal advice
-barrister/solicitor
-been a deputy district judge
-they deal with criminal cases only on the verdict, sentencing and family work
Describe the Judicial appointments commission and how they operate for both inferior and superior judges
- Selects over 500 people each year as candidates
- they advertise their selection through websites or twitter
- Superior level judges: They recommend their appointment to the Lord chancellor (Part of the executive)
Inferior judges: They recommend their appointment to the Lord Chief Justice
How do superior level judges get selected
The Judicial appointment commission selects and recommends them to the lord chancellor, they can either accept or deny.
How do inferior level judges get selected and what are they assessed for
They are selected by the lord Chief Justice after recommended by the judicial appointments commission. They are assessed based on:
- personal qualities,
- judgment,
- understanding of the criminal justice system,
- commitment to public service.
They are solely based on MERIT
What are the 8 qualities that are desirable for a good judge
-Intellectual capacity
-integrity,
-independent,
-objective
-decisive
-ability to understand and deal fairly
-authority
-not more than 6 penalty points
For making a judge to the justices of the Supreme Court what is the selection process
1-the commission will elect a candidate
-2the candidate is reported to the lord chancellor where they can deny or accept the nomination.
3-The lord chancellor then notifies the prime minister
4-the prime minister then takes the appointment to the king
For all judicial posts below that of circuit judges, there is an extra filtering process:
All applicants should complete an online test to asses their abilities to perform judicial roles.
What are Recorders
These are people who manage cases well and determine claims at trials
what are the 3 qualifications for district judges
-Been a barrister or solicitor
-5 years of legal experience
-have been a deputy district judge
What is the MAIN role for all judges
To settle disputes in a fair an unbiased way while applying the law.
What are the roles for civil judges
> -Hearing of evidence from witnesses
>-decide on facts and on how the law applies
>-make a decision as to who has won
What are the 2 roles of a judge in a criminal court
>
- Deciding a sentence
- Decides on any relevant law in the case
Instead of hearing from witness evidence, what do appeal court judges hear
Issues with legal points in the case
What is the composition and role of the Supreme Court
-Judges are justices of the Supreme court
-12 judges present
-sit uneven in the panel
-decisions made become binding that lower courts must follow
-hear appeals from lower courts and Commonwealth countries
what are the roles of the COA in both civil and criminal division
civil- hear appeals based on the decision chosen or the money awarded
Criminal- hear appeals based on sentencing or conviction
What are the main roles of the high court judges
-Are placed in either division of the civil courts
-hear the first trial of cases and decide what the law is in the case.
Where is the training of judges carried out
Judicial college
What are the 3 main elements of training
+gaining and improvement of judicial skills
+knowledge of substantive law, evidence & procedure
+the social context that judges should consider.