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#Law crime and legal s > #Exam 1- The Judiciary > Flashcards

#Exam 1- The Judiciary Flashcards

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1
Q

what are the two types of judge

A

superior and inferior

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2
Q

who are superior judges

A

those in the supreme court, the court of appeal and the high curt

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3
Q

who are inferior judges

A

circuit judges, recorders,district judges and tribunal judges

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4
Q

who is the head of the judiciary

A

lord chief justice

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5
Q

what are relevant judges qualifications based on

A

relevant legal training plus relevant legal experience for a number of years

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6
Q

up until 2005 who selected judges

A

lord chancellor

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7
Q

why was the lord chancellor stopped from appointing

A

the lord chancellor is a political appointment and they are meant to be separate

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8
Q

who now appoints judges

A

judicial appointments commission

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9
Q

what act changed who is responsible for the appointment of superior judges

A

the constitutional reform act 2005

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10
Q

the lord chancellor is typically involved with which appointments

A

the appointment of supreme court judges, the court of appeal judges and the high court judges

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11
Q

who was transferred the powers of appointing inferior judges in 2013

A

lord chief justice

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12
Q

how many judges are elected each year to judicial posts

A

500

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13
Q

who selects judges for election

A

the judicial appointments commission

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14
Q

how do the judicial appointments commission advertise a selection

A

their website, email, and Twitter

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15
Q

what are the key features for appointing judges

A

appointments are based solely on merit
the commission is solely responsible for assessing and selecting candidates
no candidate is elected without commissions approval
the lord chief justice must be consulted

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16
Q

what are judicial qualities

A 
intellectual capacity
personal qualities such as sound judgement and willingness to learn
ability to deal fairly
authority and communication skills
efficiency
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17
Q

what criminal offences can judges have

A

driving points up to 6 points

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18
Q

what is the process of selection

A 
application form ( 6 references on the form)
for anything below circuit judges, there is no extra filtering process however an online qualifying test has to be taken
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19
Q

who appoints judges

A

the queen

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20
Q

who does the training of judges

A

Judicial college

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21
Q

what are the three main elements of judges training

A

knowledge of substantive law, evidence and procedure
acquisition of judicial skills
social context within judging occurs

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22
Q

what do all judges start their training with

A

an induction programme- a residential course lasting 5 days

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23
Q

new judges are assigned to who

A

more experienced judges so they can be mentored

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24
Q

where do experienced judges do most training

A

on e-learning as well as residential and non-residential courses

25
Q

what is human awareness training for judges

A

training regarding gender, racial and disability issues

26
Q

why do judges complete human awareness training

A

it aims to help judges see different perspectives this can include opinions of jurors, victims and their families

27
Q

who many cases to justices of the supreme court hear each year

A

roughly 100

28
Q

what is the main function of the supreme court

A

to hear cases regarding a point of law, often if civil will be around a complicated technical area such as planning law or tax

29
Q

judges in supreme court sit at a minimum of…

A

3 judges

the 2016 Brexit case 11 sat as it was such an important decision

30
Q

supreme court decisions become what

A

a precedent for all lower courts

31
Q

what do the lord justices of appeal deal with

A

all appeal cases both criminal and civil law, their workload is heavier than the supreme court

32
Q

court of appeal judges sit on a panel of how many judges

A

3 or if an important case then it is 5

33
Q

the main function for high court judges is to what

A

try cases, the amount of damages is decided by this judge and when it is a queens bench judge in a crown court they decide on sentencing

34
Q

judges from the high court sit on a panel with how many

A

1, if being tried for the first time and 2 if it is an appeal

35
Q

circuit judges hear which cases

A

civil in county court they decide who won the case

criminal in crown court they only pass a sentence not decide the verdict

36
Q

what do recorders do

A

part-time judges who typically sit to help with criminal cases

37
Q

which two courts do district judges sit in

A

magistrates and county court (up to 10,000)

38
Q

what is the difference between magistrates and county court

A

magistrates are for criminal offences and county is for civil

39
Q

the government can’t do what to judges

A

force them to remove if they disagree with the government’s decision

40
Q

judges must retire at what age

A

70 unless in high court when it is 75, this is only with the authorisation of the lord chancellor

41
Q

superior judges can only be removed by who

A

the monarch if presented with a petition from both houses of parliament

42
Q

the right to remove a superior judge has only been exercised in

A

1830 with Jonah Barrington

43
Q

the lord chief justice and the lord chancellor can declare vacant the office in what circumstances

A

when a judge physically can’t resign or fulfil his duties

44
Q

inferior judges are removed by who

A

the lord chancellor

45
Q

why might an inferior judge be removed

A

criminal behaviour, sexual harassment, racism

46
Q

the lord chancellor can only dismiss a judge if

A

he consults the lord chief justice first and has followed the set procedures

47
Q

what are the main criticisms with the judiciary

A 
very few women
dominated by elderly white upper class males
judges rarely appointed under 40
48
Q

what % of circuit judges are women

A

25

49
Q

which two groups have faced better representation as judges in recent years

A

women and ethnic minorities

50
Q

why is educational and social background an issue for judges

A

none of the lower court judges had went to private school yet 11/16 high court judges had
also from 1997 to 99 79% of judges appointed has been to oxford or Cambridge

51
Q

what are the arguments for a career judiciary

A

the average age would be much lower

judges have more specific training in what they need to be a judge

52
Q

what are arguments against a career judiciary

A

too closely linked to the government

53
Q

what is security of tenure

A

superior judges can’t be removed by government, only by the monarch if presented with a petition from Parliament

54
Q

do lower judges have security of tenure

A

no as they can be removed by the lord chancellor with the permission of the lord chief justice

55
Q

what is immunity from suit

A

can’t be sued for decisions they make as judges- sirros v Moore

56
Q

what is independence from the executive

A

the judicial independence that is guaranteed under s 3 of the constitutional reform act 2005

57
Q

what is independence from the case

A

judges must not try a case where they have any interest in the issue involved

58
Q

what are the advantages of judicial independence

A

able to protect citizens from unlawful government acts
public confidence
fairness

59
Q

disadvantages of judicial indepenedence

A

people criticise judges for having too much power- eg when they stopped the government from starting the process to leave the EU before consulting parliament

#Law crime and legal s (23 decks)

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