Chapter 6 - The Personnel of the English Legal System Flashcards

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1
Q

Which act and section states that Secretary of State of Justice is appointed by the Queen following recommendation of Prime Minister ?

A

s2 Constitutional Reform Act 2005

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2
Q

What Prime Minister take into account when appointing Lord Chancellor ?

A

experience as Minister of the Crown;
experience as member of either House of Parliament;
experience as qualifying practitioner;
experience as teacher of law in a university ;
other experience.

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3
Q

Function of Lord Chancellor - Justice of the Supreme Court ?

A

Committee selects senor judges and send report to Lord chancellor.
He discuss with Scottish and Welsh First Minister.
under The Supreme Court (Judicial Appointments) Regulation Act 2013 -

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4
Q

Other functions of the Lord Chancellor ?

A

protecting the rule of law s1 Constitutional Reform Act 2005
Independence of the judiciary s3 Constitutional Reform Act 2005
strategy on criminal justice reform
human rights

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5
Q

Function of the Secretary of State of Justice ?

A

Responsible for Ministry of Justice
The courts
Prisons and prohibition
Legal Aid

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6
Q

Justice of Supreme Court sits ?

A

Supreme Court

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7
Q

Lord Justices of Appeal sits ?

A

Court of Appeal

Divisional Court of the High Court

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8
Q

High Court Judges

A

High Court
Crown Court
Family Court
Divisional Court of the High Court

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9
Q

Circuit Court

A

County Court
Crown Court
Family Court

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10
Q

Recorder

A

County Court
Crown Court
Family Court

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11
Q

District Judge (Magistrates’ court )

A

Magistrates’ Court
Family Court
Family Court

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12
Q

District Court

A

County Court

Family Court

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13
Q

Chartered legal executive who have met the judicial - appointment eligibility appointment for 5 years can …?

A

District Judge (Magistrates’ Courts)
District Judge
Deputy District Judge (Magistrates’ Courts)
Deputy District Court

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14
Q

Judicial Appointment Commission was established under ?

A

Constitutional Reform Act 2005

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15
Q

How many days Magistrates are expected to sit per year ?

A

26 half-day sitting

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16
Q

How many Magistrates’ sits together and what are the called ?

A

3 - they are called ‘‘bench ‘’

17
Q

Juries are used in ?

A

Crown Court

18
Q

What is ‘‘challenge for cause’’?

A

juror has been disqualified

19
Q

Secrecy of jury discussions ? Act?

A

Juries Act 1974

20
Q

Secrecy of the trial ? Act?

A

Official Secrets Act 1911

21
Q

Lawyer, what are those ?

A

Solicitors
Barristers
Chartered legal executives

22
Q

The Legal Service Board explain ?

A

Independent from government

23
Q

The Office for Legal Complaints explain ?

A

it supervise the Legal Ombudsman

Award up to £50,000 in compensation

24
Q

Qualifying as barrister ?

A
Academic stage 
Inn of Court 
Vocational stage 
Call to the Bar
Pupillage
25
Q

Vocational stage (Barrister ), student must pass …?

A

Bar Course aptitude Test

26
Q

Barrister are regulated by ?

A

Bar Standards Board

27
Q

Qualifying as Solicitor ?

A

1.Academic Stage
Qualifying law degree or non-law plus Graduate Diploma Examination or Fellow of Cilex
2. Vocational Stage (2 years training ) LPC (1 year full time or 2 years part time)
3. Admission as a Solicitor

28
Q

Solicitors can represent in what Courts ?

A

Magistrates’ Courts, the County Court , the Family Court, tribunals, Coroner’s Court.
* specialised Solicitors in litigation are able to represent in the Crown Court, Hight Court, Court of Appeal and Supreme Court

29
Q

Solicitors are regulated by ?

A

Solicitor Regulation Authority (SRA)