Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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

#Exam 1- The Judiciary Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

what are the two types of judge

A

superior and inferior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

who are superior judges

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

who are inferior judges

A

circuit judges, recorders,district judges and tribunal judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

who is the head of the judiciary

A

lord chief justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are relevant judges qualifications based on

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

up until 2005 who selected judges

A

lord chancellor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

who now appoints judges

A

judicial appointments commission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

the constitutional reform act 2005

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

who was transferred the powers of appointing inferior judges in 2013

A

lord chief justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

how many judges are elected each year to judicial posts

A

500

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

who selects judges for election

A

the judicial appointments commission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

how do the judicial appointments commission advertise a selection

A

their website, email, and Twitter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what criminal offences can judges have

A

driving points up to 6 points

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

who appoints judges

A

the queen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

who does the training of judges

A

Judicial college

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what do all judges start their training with

A

an induction programme- a residential course lasting 5 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

new judges are assigned to who

A

more experienced judges so they can be mentored

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions