#Exam 1- The Judiciary

Question 1

what are the two types of judge

Answer 1

superior and inferior

Question 2

who are superior judges

Answer 2

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

Question 3

who are inferior judges

Answer 3

circuit judges, recorders,district judges and tribunal judges

Question 4

who is the head of the judiciary

Answer 4

lord chief justice

Question 5

what are relevant judges qualifications based on

Answer 5

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

Question 6

up until 2005 who selected judges

Answer 6

lord chancellor

Question 7

why was the lord chancellor stopped from appointing

Answer 7

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

Question 8

who now appoints judges

Answer 8

judicial appointments commission

Question 9

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

Answer 9

the constitutional reform act 2005

Question 10

the lord chancellor is typically involved with which appointments

Answer 10

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

Question 11

who was transferred the powers of appointing inferior judges in 2013

Answer 11

lord chief justice

Question 12

how many judges are elected each year to judicial posts

Answer 12

500

Question 13

who selects judges for election

Answer 13

the judicial appointments commission

Question 14

how do the judicial appointments commission advertise a selection

Answer 14

their website, email, and Twitter

Question 15

what are the key features for appointing judges

Answer 15

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

Question 16

what are judicial qualities

Answer 16

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

Question 17

what criminal offences can judges have

Answer 17

driving points up to 6 points

Question 18

what is the process of selection

Answer 18

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

Question 19

who appoints judges

Answer 19

the queen

Question 20

who does the training of judges

Answer 20

Judicial college

Question 21

what are the three main elements of judges training

Answer 21

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

Question 22

what do all judges start their training with

Answer 22

an induction programme- a residential course lasting 5 days

Question 23

new judges are assigned to who

Answer 23

more experienced judges so they can be mentored

Question 24

where do experienced judges do most training

Answer 24

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

Question 25

what is human awareness training for judges

Answer 25

training regarding gender, racial and disability issues

Question 26

why do judges complete human awareness training

Answer 26

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

Question 27

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

Answer 27

roughly 100

Question 28

what is the main function of the supreme court

Answer 28

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

Question 29

judges in supreme court sit at a minimum of...

Answer 29

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

Question 30

supreme court decisions become what

Answer 30

a precedent for all lower courts

Question 31

what do the lord justices of appeal deal with

Answer 31

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

Question 32

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

Answer 32

3 or if an important case then it is 5

Question 33

the main function for high court judges is to what

Answer 33

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

Question 34

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

Answer 34

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

Question 35

circuit judges hear which cases

Answer 35

civil in county court they decide who won the case | criminal in crown court they only pass a sentence not decide the verdict

Question 36

what do recorders do

Answer 36

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

Question 37

which two courts do district judges sit in

Answer 37

magistrates and county court (up to 10,000)

Question 38

what is the difference between magistrates and county court

Answer 38

magistrates are for criminal offences and county is for civil

Question 39

the government can't do what to judges

Answer 39

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

Question 40

judges must retire at what age

Answer 40

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

Question 41

superior judges can only be removed by who

Answer 41

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

Question 42

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

Answer 42

1830 with Jonah Barrington

Question 43

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

Answer 43

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

Question 44

inferior judges are removed by who

Answer 44

the lord chancellor

Question 45

why might an inferior judge be removed

Answer 45

criminal behaviour, sexual harassment, racism

Question 46

the lord chancellor can only dismiss a judge if

Answer 46

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

Question 47

what are the main criticisms with the judiciary

Answer 47

``` very few women dominated by elderly white upper class males judges rarely appointed under 40 ```

Question 48

what % of circuit judges are women

Answer 48

25

Question 49

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

Answer 49

women and ethnic minorities

Question 50

why is educational and social background an issue for judges

Answer 50

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

Question 51

what are the arguments for a career judiciary

Answer 51

the average age would be much lower | judges have more specific training in what they need to be a judge

Question 52

what are arguments against a career judiciary

Answer 52

too closely linked to the government

Question 53

what is security of tenure

Answer 53

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

Question 54

do lower judges have security of tenure

Answer 54

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

Question 55

what is immunity from suit

Answer 55

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

Question 56

what is independence from the executive

Answer 56

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

Question 57

what is independence from the case

Answer 57

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

Question 58

what are the advantages of judicial independence

Answer 58

able to protect citizens from unlawful government acts public confidence fairness

Question 59

disadvantages of judicial indepenedence

Answer 59

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