Judiciary

Question 1

What is the judiciary

Answer 1

Collective term for a group of judges

Question 2

Who is the head of the judiciary

Answer 2

Lord chief justice

Question 3

What is the main role of the judiciary

Answer 3

Interpret and apply the law

Question 4

How many superior judges are there

Answer 4

3

Question 5

What are the superior judges

Answer 5

High court judges, Lord justices of appeal, Justice of the supreme court

Question 6

Where do high court judges sit

Answer 6

High court and crown court

Question 7

What are high court judges roles in a criminal trial

Answer 7

Hear the most serious criminal cases in crown court and hear case stated appeals from the magistrates

Question 8

What are high court judges roles in a civil trial

Answer 8

Hears first instance cases and appeals, See evidence, Decide law, State a remedy

Question 9

How did high court judges sit

Answer 9

Typically on their own

Question 10

Where do lord justices of appeal sit

Answer 10

Court of appeal

Question 11

Explain lord justices of appeal in criminal cases

Answer 11

Hear appeals against the sentence and conviction

Question 12

Explain lord justices of appeal in civil cases

Answer 12

Hear appeals on a point of law, Their decisions become precedent and decide on liability and remedies awarded

Question 13

What are the qualifications of lord justices of appeal

Answer 13

Barrister or solicitor for at least 7 years or be a high court judge

Question 14

How do lord justices of appeal sit

Answer 14

Usually as a panel of 3 but can however in rare circumstances sit as a 5

Question 15

Where do justices of supreme court sit

Answer 15

Supreme court

Question 16

Explain justices of supreme court in criminal cases

Answer 16

Hear appeals from high court and court of appeal, Their decisions create precedent and it must be on a point of law of general public importance

Question 17

Explain justices of supreme court in civil cases

Answer 17

Hear appeals from lower courts if on a point of law on general public importance

Question 18

How do justice of supreme court sit

Answer 18

As an uneven number, typically a 3

Question 19

How many cases are heard in supreme court a year

Answer 19

100

Question 20

What are the qualifications of justices of supreme court

Answer 20

Qualified judge in senior courts for at least 15 years

Question 21

What is an example of a case in the supreme court

Answer 21

Ivey v Genting Casinos

Question 22

How many inferior judges are there

Answer 22

4

Question 23

What are the inferior judges

Answer 23

Circuit, District, District magistrate, Recorder

Question 24

What courts do district judges sit in

Answer 24

County

Question 25

Explain district judges in criminal cases

Question 26

Explain district judges in civil cases

Answer 26

Hears small track claims for up to £10,000 but can go higher is necessary

Question 27

What do district judges decide

Answer 27

Fact, law and outcome

Question 28

What courts do circuit judges sit in

Answer 28

Crown and county

Question 29

Explain circuit judges in criminal cases

Question 30

Explain circuit judges in civil cases

Answer 30

Hear fast track claims in the county court and also hears appeals from district judges

Question 31

What do circuit judges decide

Answer 31

Facts, law and outcome

Question 32

What courts do recorder judges sit in

Answer 32

Crown court and occasionally county

Question 33

What are recorder judges

Answer 33

Part time judges for 1 month out of the year, the other 11 they are solicitors and barristers

Question 34

Explain recorder judges in criminal cases

Answer 34

Hear cases

Question 35

Explain recorder judges in civil cases

Answer 35

Hear similar cases to a circuit judge meaning the will be fast track claims

Question 36

What do recorder judges decide

Answer 36

Fact, law and outcome

Question 37

Where do district magistrate judges sit

Answer 37

Magistrates court in London and other major cities

Question 38

What do district magistrates do

Answer 38

Try criminal cases decide the facts, law and verdict. When a defendant pleads or is found guilty, they also decide on the sentence if they have the power to do so.

Question 39

How do district magistrates sit

Answer 39

On their own

Question 40

What is judicial independence

Answer 40

Judiciary is kept away from other branches of government

Question 41

Who investigates complaints against judges

Answer 41

Judicial conduct investigations office

Question 42

If the report if upheld who is then notified

Answer 42

Lord chancellor and lord chief justice

Question 43

What may happen to a judge if the report is upheld

Answer 43

Warning, reprimand, removal from office or a prison sentence

Question 44

Why is judicial independence important

Answer 44

Nobody can be influenced and no one arm can become too overpowered

Question 45

What are the four ways in which judicial independence is achieved

Answer 45

Security of tenure, Immunity from the suit, Immunity from the 2 arms, Immunity from the case

Question 46

What is meant by security of tenure

Answer 46

Permanently appointed to their post

Question 47

How is security of tenure achieved in superior judges

Answer 47

Cannot be dismissed by the government

Question 48

Where does superior judges security of tenure originate from

Answer 48

Act of settlement 1701

Question 49

Where is security of tenure now found

Answer 49

the Senior Courts Act 1981 for High Court judges and Lords Justices of Appeal, and in the Constitutional Reform Act 2005 for Justices of the Supreme Court.

Question 50

How can superior judges be removed then

Answer 50

Both houses of parliament have to have signed a petition that is approved by the king

Question 51

Why is security of tenure good for superior judges

Answer 51

It means they cannot be removed by politicians and can freely make independent decisions

Question 52

How is security of tenure achieved in inferior judges

Answer 52

Also cannot be removed from parliament

Question 53

How can inferior judges be removed

Answer 53

Dismissed by the Lord chancellor with consent of lord chief justice on the grounds of misbehaviour and incapacity

Question 54

What is meant by immunity from the suit

Answer 54

immunity from prosecution for any acts they carry out in their role as a judge

Question 55

Why is immunity from the suit good

Answer 55

It allows judges to make decisions without fear of repercussions

Question 56

What is a case to support immunity from the suit

Answer 56

Sirros v Moore

Question 57

What is meant by immunity from the two arms

Answer 57

They are independent from the legislature (parliament) and executive (government)

Question 58

How are judges separate from the executive

Answer 58

Judges cannot be dismissed by the government , they are not paid by the government and judges are recommended by an independent body (not appointed by parliament)

Question 59

What is the separate body judges are recommended by

Answer 59

Judicial appointments commission

Question 60

How are judges separate from legislature

Answer 60

Not involved in the law making as full time judges cannot become members of parliament

Question 61

The creation of what helped differentiate from the judiciary and legislature

Answer 61

The supreme court in 2009

Question 62

What is immunity from the case

Answer 62

Judges must not try a case they have an interest in whether that be the defendant or the topic discussed

Question 63

What is a case to support immunity from the case

Answer 63

Pinochet case

Question 64

What are the reasons for judicial independence

Answer 64

Ensures the verdict is ONLY decided on the evidence of the facts and the current law, In jury trials: juries again decide on facts and not any other influences, Fair & impartial justice, Protects individuals' rights against unlawful actions of government

Question 65

Advantages of the judiciary

Answer 65

More women are becoming judges, More black and ethnic minorities are becoming judges

Question 66

How many women were high court judges in 2017

Answer 66

23

Question 67

How many black and ethnic minority judges were high court judges

Answer 67

3

Question 68

Disadvantages of the judiciary

Answer 68

Dominantly upper class white males, Not representative, Majority are from Oxbridge, Majority of the changes are happening in inferior courts only