Chapter 2: The role and powers of the judiciary Flashcards
The term judiciary means what?
The term judiciary means the ‘system of judges’ used in our legal system
There are how many distinct legal systems in the UK?
There are 3 distinct legal systems in the UK
What does our membership of the Council of Europe and the EU mean?
Our membership of the:
1. Council of Europe
2. EU
means that UK citizens can take some cases to the courts of these bodies
The Court of the Council of Europe
The Court of the Council of Europe is the European Court of Human Rights
Where is the Court of the Council of Europe?
The Court of the Council of Europe is the European Court of Human Rights in Strasbourg
The Court of the European Union (EU)
The Court of the European Union (EU) is the Court of Justice
Where is the Court of the European Union (EU)?
The Court of the European Union (EU) is the Court of Justice in Luxembourg
The judiciary
The judiciary is a section of the state that is responsible for the settlement of legal issues
The judiciary is a section of the state that is responsible for the settlement of legal issues.
What does the judiciary do?
The judiciary:
- Examines issues and cases where the citizen is accused of breaking the law
- Has to make a judgement as to whether or not they have
What happens after a determination of guilt has been made by the judiciary?
After a determination of guilt has been made by the judiciary, the judiciary determines the sentence to be given
After a determination of guilt has been made by the judiciary, the judiciary determines the sentence to be given.
On points of law, or appeals against sentencing, the judiciary does what?
- On points of law
Or, - Appeals against sentencing
,the judiciary determines the outcome
At each stage of the court structure, what can happen?
At each stage of the court structure, an appeal can take place to the next court
What is the role of the judiciary?
The role of the judiciary is to:
- Enforce the law
- Interpret the law as it stands
What is the judiciary and they should show what?
The judiciary:
- Is politically neutral
- Should show no form of bias
What are judges in control of?
Judges are in control of the trial in court
Judges are in control of the trial in court, because judges can grant what?
Judges are in control of the trial in court, because judges can grant adjournments
Unlike some countries, the UK ensures what?
Unlike some countries, the UK ensures that the judiciary is:
- Independent
- Neutral
Members of the judiciary have normally done what, before they are appointed to a full-time judicial post?
Members of the judiciary have normally worked in a legal profession for many years, before they are appointed to a full-time judicial post
The different roles within the hierarchy of the judiciary:
1. Lord Chief Justice
The Lord Chief Justice is the:
- Most senior judge in the UK
- Head of an independent judiciary
The different roles within the hierarchy of the judiciary:
3. Justices of the Supreme Court
The Justices of the Supreme Court are judges who hear:
1. Civil
2. Criminal
appeals in the UK’s most senior court
The different roles within the hierarchy of the judiciary:
4. Senior President of Tribunals
The Senior President of Tribunals is the head of the judges in the UK Tribunal Service
The different roles within the hierarchy of the judiciary:
7. President of the Family Division
The President of the Family Division is the Head of Family Justice
The different roles within the hierarchy of the judiciary: 10. High Court Judges
The High Court Judges may:
- Hear trial and appeal cases in the High Court
- Sit on some appeals in the Court of Appeal
- Judge serious cases in Crown Court trials
The different roles within the hierarchy of the judiciary:
11. Circuit Judges
The Circuit Judges hear:
- Criminal cases in Crown Courts
- Civil cases in the County Courts
The different roles within the hierarchy of the judiciary:
16. Magistrates
Magistrates are part-time volunteers from the local communities who agree to sit and dispense justice in Magistrates’ Courts, determining:
1. Verdicts
2. Sentences
,after training
How do magistrates normally sit?
Magistrates normally sit on a ‘bench’ of 3 magistrates
What are magistrates also referred to as?
Magistrates are also referred to as Justices of the Peace (JPs)
What do magistrates receive?
Magistrates receive training
In 2014, there were how many magistrates?
In 2014, there were 22,214 magistrates
Our membership of the Council of Europe and the EU means that UK citizens can take some cases to the courts of these bodies, after they have what?
Our membership of the:
1. Council of Europe
2. EU
means that UK citizens can take some cases to the courts of these bodies, after they have exhausted all the avenues of appeal available in UK courts
Judges are in control of the trial in court, because judges can encourage what?
Judges are in control of the trial in court, because judges can encourage cooperation between the sides
Judges are in control of the trial in court, because judges can hear evidence to help do what?
Judges are in control of the trial in court, because judges can hear evidence to help decide a case
Judges are in control of the trial in court, because judges have the power to do what?
Judges are in control of the trial in court, because judges have the power to direct a jury on the evidence they have heard in regard to the law
Unlike some countries, the UK ensures that the judiciary is independent and neutral, through what?
Unlike some countries, the UK ensures that the judiciary is independent and neutral, through the:
- Appointment structure
- Tenure of office that judges are given
- Salaries awarded
Magistrates normally sit on a ‘bench’ of 3 magistrates and jointly what?
Magistrates normally:
- Sit on a ‘bench’ of 3 magistrates
- Jointly agree their decisions
Magistrates receive training and are supported by what in the courtroom?
Magistrates:
- Receive training
- Are supported by legal advice in the courtroom
There are 3 distinct legal systems in the UK, one for each of what?
There are 3 distinct legal systems in the UK, one for each of:
- England and Wales
- Scotland
- Northern Ireland