Criminal Courts And Lay People Flashcards
1
Q
What is another influence on Parliament except for the interest course group?
A
E-petitions 
2
Q
What are E-petitions ?
A
Where are you collecting signatures to support the cause
3
Q
How do e- petitions work?
A
10,000 signatures into response from Parliament
100,000 signatures it debated in parliament 
4
Q
What are the pros and cons of e - petitions 
A
Pros- get full disclosure of Hillsborough documents
Cons-
to revoke article 50 stop Brexit not giving much time bring back
Clarkson 1 million hundred thousand signatures but could use for the wrong purpose or persons
5
Q
Give an Example of a e-petition that got a response from Parliament
A
The reverse of TAGS in 2019
6
Q
What is the fourth biggest influence on Parliament?
A
The media
7
Q
What is the media?
A
TV
Newspapers
radio
8
Q
How Does the media influence parliament ?
A
They broadcast stories and ask constant questions giving you exposure
Media can bring you attention to key issue and run a campaign more politicians have to react
9
Q
You can example of an act that was passed due to media what was wrong?
A
Dangerous dogs act 1994 response to media pressure for 4 dangerous breed to be responsible for dog attack
dog breeding made illegal
passed act quickly thousands but thousands of court cases due to bad wording 
10
Q
What is the expenses scandal?
A
Claiming for expenses be
one entitled to major review of expenses changed rules some politicians sent to prison 
11
Q
What are some examples of the media influencing Parliament ?
A
Stephen Lawrence- police failed to look at the evidence and follow procedures due to institutional racism
Stephen Lawrence enquiry letting them back persons report
Lots of media pressure - met Mandela- drama series
Paper accused suspects 
12
Q
What are the 2!changes made due to the macpherson report?
A
Race relation ammendements act 2000
Double jeopardy- police standers - could only be tried once - scraped
13
Q
What law was introduced after Sarah Payne murder?
A
Sarah’s law
media campaign - allowed individuals to ask for details of known sex offenders in area
14
Q
What are the three ways of judicial control?
A
Procedural UV
Substantive UV
Unreasonableness
15
Q
What is Procedural UV? Case?
A
Delegate law makers haven’t followed the process gone beyond the powers set up by the enabling act
Aylesbury mushroom 🍄 case
16
Q
What is substantive UV? 2 Cases?
A
You don’t listen about what laws you’re allowed to make properly
And go and get the enabling act
Excise V cure and Deeley
R v Home Secretary
17
Q
What is unreasonableness ? Case?
A
It’s not unreasonable that No reasonable person would make such a law and grounds deemed as void and quashed 
Roger V swindon NHS trust
18
Q
What does ultra vires mean?
A
It’s gone beyond the powers of the enabling or parent act
19
Q
What is stare decisis ?
A
Let the decision stand - judge has to follow earlier case
20
Q
What is the hierarchy of types of courts for civil?
A
Supreme Court
Court of appeal
High court
County court
21
Q
Explain the heirachy of criminal court?
A
Supreme Court
Courts of appeals
High court
Crown court
Magistrates
22
Q
Explain how an appeal goes through civil courts
A
Goes from the county courts to the High Court to the court of appeal to the Supreme Court
23
Q
What can the an appeal be on?
A
Fact or law
24
Q
What does an appeal on fact mean?
A
Means that the parties are is unhappy with the verdict , sentence or damages
25
What does an appeal on law mean?
The certain law that has been broken needs to be defined
26
What do you have to do to a case for it to go to the Supreme Court? (civil)
Have to appeal it three times
27
What is the ratio Decidendi ?
Reason for the outcome or decision which must be followed as it is binding
28
How many times Can you only appeal on fact?
Once
29
Explain where the 2 ways an appeal goes to in Criminal courts.

Fact -
court of appeal (fact or law)
crown ->fact or law
Magistrates
Law
Supreme Court
Court of Appeal
High court - kings bench division
magistrates
30
What is high court?
Kings bench division
31
What does the Court of Appeal do?
Set up laws to follow and decide what laws had been broken
32
Why do we have to have a court hierarchy?
To set higher precedent for lower courts to follow
33
what is the Donoghue v Stevenson case and outcome and the ratio decidendi?
donoghue drank fermented snails - ill
No contact of manufacturer - friend bought drink
So… outcome -Created law of negligence
ratio consumer needs protection
34
What was the DPP V Smith case and what was the out come and ratio Decidendi ?
Ex-boyfriend cut women’s hair in spite
outcome- GBH (actual bodily harm )
ratio - hair is part of the body
35
What was the R v Brown case and what was the outcome and ratio Decidendi?
Five males doing inappropriate acts in public loos -
outcome - GBH (pleasure through pain)
Ratio- homosexual sadomasochism-But outside public domain (outside of the public would accept)
36
What is Obiter Dicta ?
Other things said by the way
37
What was obiter dicta used for ?
Why was there no need for this
It could be used to speculate an outcome if fact are difference
May persuade the precedent can be used to persuade others
no need to follow as it would lead to further complication 
38
How did obiter dicta change the outcome of the R v brown case ?
If it had been branding or tattooing it would allow consent

39
what did obiter dicta do to the R v Wilson?
Husband wanted to brand initials on the woman’s backside
but it got infected so we went to the hospital and the hospital
They were concerned so It was taking up to authorities
and they were charged with GBH
How ever there was consent which allowed for the branding
so case was dismissed
40
What is the only reason an case appeal can go to the supreme court?
If it’s a law reason
Fact?- just go to court of appeal for the law that was broken to be stated
41
Why are there are problems concerning what an act means ?
Such a broad term
new developments
drafting error
changes in use of language
42
How would we having such a broad term for an act be an issue?
It may cover more situations that may have not been intended
43
How would new developments be an issue for an act ?
An old act of parliament doesn’t cover present day situations
44
How would a drafting error be an issue for an act?
Those drafting the bill mayhave made an error not notice by Parliament
45
What would changes in the use of language cause issues for an act?
Meaning of words can change over time
46
What is Ejusdem generis?
general word that follow specific wording that are limited to the same kind
Re stock pot
Eg .tea coffee and other hot drinks - latte
47
What is expression Unius execution alterius?
the expression meaning of one thing implies the exclusion of others
(Inhabitants of Sedgley)
48
What is Noscitur a sociis?
the word draws meaning from the words around it
- Inland revenue commissions v Frere
49
What is Maxim ?
You must come to tort with clean hands - cannot come to tort if committed criminal offence 
50
What are the positives of the judiciary (Eval)
Pay gap is reducing
there is more women
Major reform on the constitutional reform is more modern
training has improved
Robust and provides more choice
Process is independent from government interference
New route - professions SQE- more individuals from state schools will be open to professions 
51
What are the negatives of the judiciary?
Training may not be sufficient
best lawyers do not apply
No experts in the field of expertise
Not representative of the UK 🇬🇧
Barristers May apply instead trying to open up to solicitors exclusive to enter

52
What are the statistics within evaluation of the judiciary
for Asian background, BME and women within High Court? 
Only 5% from Asian background
BME (Low) in senior appointments
29% in High Court lower representation of women
53
What is the process of the judiciary?
1. Qualifications - dependent on role
2. Selections
3. Qualities and abilities
4. Process
54
What does the first stage of The process of the judiciary 👩🏿⚖️ show ?
What is it Set out in?
Qualifications
Courts and legal services act - amended by the tribunal court enforcement act -
Based on legal qualifications - Whether you are dependent on role and years of experience eg 7 years of experience
55
What is the selection in the process of the judiciary based on? what act ?
Within the constitutional reform act - Judicial appointments deal with this. - Merit, character and diversity whether you’re a woman or BME
LC Is involved for appointments of higher courts
Lord Chief Justice - Lower
made by 15 commissioners- JAC More independent from Lord Chancellor
56
who does the second stage of the process of the judiciary ?
judicial appointment commissions
JAC
57
What are their several versions of? (The process of the judiciary)
Qualities and abilities
58
what is used within the process?  (The process of the judiciary)
Application form
59
what is the process of the last stage of the process of the judiciary? 
qualifying test
Then shortlist then section day- Then you have a statutory consultation- interviewed
JAC - selects - recommended for lord chancellor for appointment
60
What is the importance of judicial independence? What does it
Link with ?
Links with doctrine of separation of powers
61
What does the importance of judicial independence ensure?
Ensures law is impartially and consistently implemented
62
What kind of rights does the importance of judicial independence give ?
Gives rise to human rights ensures equality 🟰 under law 
63
What does the importance of judicial independence give and help with?
Gives public confidence
CRA makes judges independent
64
what can judge make under the importance of judicial independence?
What does Professor Griffiths say? 
Judges can make decisions that displease the government guaranteed of under CRA S.3
Professor Griffiths said Politics of the judiciary - that judges a pro- establishment
65
What are the two examples of cases of judges being independent?
Q V SS home department
A v SS home department
66
What are the positives of Ejusdem Generis? 
No need for Draftsman to write a list of everything included no need to foresee new circumstance
Act can cover new situations
That can adapt to changes to society
67
What are the negatives of Ejusdem Generis? 
Laws are not always predictable leads to unjust decisions- liberty 🗽 dependant
Allows judicial law making - separation of powers? ❌
(Kingsington V Kihara )
68
What are the advantages of exclusio alterius?
Advantages - makes outcome of case more predictable
Allows judges to apply Law respect separation of powers
Lawyers can advise clients more easily
69
What are the negatives of exclusion alterius ?
Cannot adapt to unforeseen circumstances
Rigid and unfair can lead to unjust decisions
70
What are the advantages of Noscitur a sociis? 
No need for Draftsman is to write up a list
can adapt to unforeseen circumstances
71
What are the negatives of Nositur a Sociis? 
Outcomes can be unclear
up to judge to decide disregard separation of powers
72
What is the judiciary selection and appointments under? ( 8 marker )
What is under qualifications?
The tribunal court and enforcement act
Qualifications - years of experience
73
What was the the selection of appointments of the judiciary created by? (8)
Judicial appointments committee (JAC)
74
What are the selections solely judged on ?(eight marker judiciary section and appointments )
Solely on merit
75
What do you do in selections?  (eight marker judiciary section and appointments )
Apply for a role the
interviews are carried out by judicial appointments committee - based on merit and diversity of judiciary
76
What do you do after applying and the interviews? (eight marker judiciary section and appointments ) what must the LC do ?
Judges and recommend to lord Chancellor- Must provide authority and rejected twice
77
How much experience do you need as a solicitor/barrister?  (eight marker judiciary section and appointments )
5 to 7 years
78
What happens after you have years of experience? (eight marker judiciary section and appointments )
Lord justice of appeal- records
consult Lord chief justice-
Then the judiciary appointments committee recommends to Lord Chancellor
79
What is the process of the lord justice of appeal similar to?
Similar to the Supreme Court that does recommendations of the prime minister
80
Who is responsible for training ?(Training judiciary 8 marker)
JSB - judiciary studies board
81
Who does stage JSB work with ? (Training judiciary 8 marker)
Work with judiciary college
82
What is the first training ? (Training judiciary 8 marker) how long ?
Initial training - 4-5 days
83
What do they do in initial training ?
Sit with judges in court - visit prisons and role play - probation services
84
What is after Initial training?
Annual training
85
What is in annual training?
Training days
86
When are the training days within annual training?
Every three years
87
What is maybe have a refresher of within annual training? (Training of the judiciary eight marker) what do they do
Refresher seminar- Have a humans awareness course and discrimination course
88
Who attends the seminars?  (Training of the judiciary eight marker)
Senior judges 
89
What is prospectus?  attend seminars
Sign up for additional training
90
What is the role the judiciary in civil courts?
Read case and manage case from start to finish
91
what do the judiciary recommend in civil courts
ADR- Cooporation
92
what do judiciary in civil courts allocate a case too?
To a track
Small- 10,000
Fast 💨 10,000 to 25,000
Multi 25,000 or complex
93
what else would the judiciary allocate the case to in a civil court?
A Newton hearing- no need for court if facts are agreed or liability is agreed
94
What do the judiciary do in the civil court after a Newton hearing or a case has been allocated to a track ? Why is it good ?
Set a date
is good for both sides because it prevents it from being unfair

Allows judiciary to decide on the remedy - compensation or injunction prohibited 🚫 or mandatory
managing witnesses or evidence
Allows them to decide on the cost loser pays judge 👩🏿⚖️ has discretion
judge needs to authorise any appeal to 28 days days
95
How many days can an appeal in fact tend to last for?
28 days of previous Decision 
96
What does the Supreme Court have?
higher threshold
97
What do appeals depend on?
Here the case starts and track is allocated
98
What the type of judge is split into under judiciary
Inferior - found in appeals Court
superior judges
99
What are the six different kinds of judges under the judiciary 👩⚖️
District judge
circuit judge
recorder
High Court
Lord justice of appeal
Supreme Court Justice
100
Where do we find the district judge?
What did they replace?
Why can they work?
What case?
Why did he sit in criminal cases?
County - for all small track claim cases
Can work in fast track cases
In criminal they sit in magistrates court
Replace Three lay magistrates
101
What are circuit judges found under judiciary? 👩⚖️
What are the cases that they do?
Found in County court
High court cases and some crown court cases
Work In different courts in the local area
102
What do circuit judges hear in crown and high court under judiciary?
Fast track cases and appeals from small claims
some multi track in High Court
103
What is a recorder under the judiciary and where do they usually work?
Part-time judge 👩⚖️ usually work in Crown Court
104
What cases do high court judges hear?
appeals from?
What did they entail?
What about in criminal deals?
Multitrack cases
appeals from county court
-specific legal areas
In criminal deals - deal with Appeals on law from magistrates
105
what does the Lord chief justice of appeal appeal on ?
what if it started in High Court ?
what if it was criminal cases? where do we get the appeal from?
Appeal on law in civil cases
fact if started in High Court
criminal cases appeal from Crown or High Court
106
What is the head called under law justice of appeals under judiciary?
Matter of rolls 🥖
107
What is the Supreme Court of Justice under judiciary?
what does the law have to be? What committee does the appeal?
Final route - law of general public importance
appeal judicial committee privy council
108
What acts is under selection and appointments of the judiciary under?
Tribunal Court enforcement act
109
What kind of qualifications are under the tribunal courts and enforcement acts for barristers/solicitors? District judges and circuit judges?
years of experience - barrister/solicitor
5 years - DJ
7 years - CJ
110
what was selection changed to under sections and appointment
Under CRA, - JAC - They overseas selection process carry out interviews
111
What is selections only based on?
Merit
112
What does the JAC only select people of?
Good character with sound judgement
113
What does selection and the JAC encourage?
Encourage diversity - maybe a factor - women BAME
114
What is after selection?
What are the six qualities and abilities?
Qualities + abilities -
ability to deal with witnesses fairly
Leadership skills
Personal qualities - empathy
Efficiency
intellectual ability
Communication
115
What are the four steps under process under section and appointment with the judiciary?
1) application form
2) qualifying tests - see if fit to be a judge
3) if shortlisted - section day role-play
4) Statutory consultation - JAC - sends to Lord chief justice interview
5) final appointment - Lord Chancellor
116
who oversees all training of the judiciary?
Judicial college - New Name for JSB
117
What is the first training under judiciary?
Initial training - 4-5 day residential course
118
What is under initial training for the judiciary? 4)
Practice of running a court
role-play /practical experiences
group discussions
visit penal probation Institute
119
what is after initial training for the judiciary?
Conditional training
120
When does conditional training happen?
Every three years
121
What is conditional training normally on under the judiciary?
On law + responsibility
122
What are shown in conditional training?
What are they
Seminar - are law specific
123
Who sits in the conditional training under the judiciary?
Higher judges
124
What is the third thing under trainer gathering under training?
Social awareness training - discrimination
125
What is the fourth thing we look at under training - judiciary?
Mentoring arrangement - senior judges will attend other shorter residential
need to be attended to arrange a seminar to show they have an ethical knowledge of the law
