ELS- Courts and Tribunals Flashcards
What is an appeal by way of case stated?
If magistrates decision was legally flawed, the D may appeal to the Administrative court.
What are the four grounds of appealing against a sentence
- Not justified by law.
- Based on an incorrect version of the evidence.
- Judge took irrelevant matters into account when sentencing.
- Judge misapplied or failed to give sufficient weight to the sentencing guidelines.
When will the supreme court hear an appeal from the court of appeal?
Point of law of general importance.
What is the upper tribunal?
Senior court equivalent to the high court. Hears appeals from the First Tier Tribunal.
What are the seven first tier tribunals?
War pensions, social entitlement (social security), health and education. general regulatory, tax, immigration and property.
What are the four chambers of the upper tribunal?
Administrative appeals chamber, tax and chancery chamber, immigration chamber, lands
What is the difference between tribunal judges and tribunal members?
Tribunal judges are legally qualified and ensure the individual tribunal makes the correct decision in law. Tribunal members are non-legally qualified and hear the case.
What are public inquiries?
Major investigations convened by government departments. When there is a ‘public concern’
What happens if a public inquiry is held under the Inquiries Act 2005?
Inquiry has:
- legal powers to compel a witness to give evidence
- legal safeguards and procedures.
-statutory framework for appoint of a chair and other inquiry personnel, taking of evidence and production of a report.
What do solicitors need to obtain to be able to carry out advocacy in the high courts?
Pass a higher rights of audience.
What is a leapfrog appeal?
Appeal from the high court or county court to the UK supreme court.
What are the requirements for criminal legal aid?
- Age of the defendant (under 18 automatically entitled)
- income of D if over 18
- trial venue.
- ‘interests of justice’ test met in mag court
What is a ‘McKenzie friend’
Litigants in person can have a non-legally qualified person to help them in court proceedings.
What are the three functions of state (separation of powers)
Legislature, executive, judiciary.
What are constitutional conventions?
Rules about the conduct of government which fall short on being enforceable laws.
Purpose of a constitution?
- Exercise of government power must be within legal limits.
- Power is dispersed between organisations of the state.
- government is accountable to the people.
- Fundamental rights and freedoms of citizens are protected.
What is the role of parliament?
Supreme law making body in the UK.
Who is responsible for making decisions on public finances?
House of Commons
Which act reformed the house of lords to create the supreme court?
Constitutional Reform Act 2005.
Where does the power of government departments originate from>
Statute and the common law. royal prerogative too.
What is the function of conventions?
Adapt with time. Conventions underpin the operation of the cabinet system, defining what ministers are responsible for, how they should conduct themselves.
What are the three ways in which collective ministerial responsibility works?
- Discussions between ministers should remain confidential.
- Once a policy line has been reached by ministers, all ministers must stick to it and maintain a united front.
- Parliament to have confidence in the government
what is the constitutional convention that outline who can be key ministers?
must be an MP.
what happens if the prime minister loses a vote of no confidence?
PM must resign and call a general election.
what is the role of the Parliamentary committee on standards?
recommend disciplinary actions
do MPS have freedom of speech?
yes if made during parliamentary proceedings, they are protected from legal liability
what are the conventions under individual ministerial responsibility?
previous,y ministers would resign as a figurehead of their department but this is less common.
factors include:
- degree to which the minister was persoanlly aware of the mistake or failing.
- whether the failing was an operational one (fault of civil servants) or a policy one (considered to be ministerial responsbility).
Ought to resign if policy failing but still rare.
what is the practice statement 1966?
supreme court can depart from its earlier decisions when it seems right to do so.
which courts do a solicitor have an automatic right of audience?
magistrates, county, coroners and family.
which court is usually always bound by its own previous decisions?
court of appeal, civil division.
do solicitors have automatic right of audience in chambers?
yes, just not in open court.
how far can a solicitor go with a higher rights of audience qualification?
supreme court.
what are the powers of the house of lords in the legislative process?
HOL can delay a bill for up to one year and force further scrutiny but cannot prevent a bill from becoming law
