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Law- Paper 1 section A > Judiciary > Flashcards

Judiciary Flashcards

1
Q

What is the judiciary

A

Collective term for a group of judges

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2
Q

Who is the head of the judiciary

A

Lord chief justice

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3
Q

What is the main role of the judiciary

A

Interpret and apply the law

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4
Q

How many superior judges are there

A

3

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5
Q

What are the superior judges

A

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

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6
Q

Where do high court judges sit

A

High court and crown court

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7
Q

What are high court judges roles in a criminal trial

A

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

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8
Q

What are high court judges roles in a civil trial

A

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

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9
Q

How did high court judges sit

A

Typically on their own

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10
Q

Where do lord justices of appeal sit

A

Court of appeal

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11
Q

Explain lord justices of appeal in criminal cases

A

Hear appeals against the sentence and conviction

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12
Q

Explain lord justices of appeal in civil cases

A

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

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13
Q

What are the qualifications of lord justices of appeal

A

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

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14
Q

How do lord justices of appeal sit

A

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

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15
Q

Where do justices of supreme court sit

A

Supreme court

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16
Q

Explain justices of supreme court in criminal cases

A

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

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17
Q

Explain justices of supreme court in civil cases

A

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

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18
Q

How do justice of supreme court sit

A

As an uneven number, typically a 3

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19
Q

How many cases are heard in supreme court a year

A

100

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20
Q

What are the qualifications of justices of supreme court

A

Qualified judge in senior courts for at least 15 years

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21
Q

What is an example of a case in the supreme court

A

Ivey v Genting Casinos

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22
Q

How many inferior judges are there

A

4

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23
Q

What are the inferior judges

A

Circuit, District, District magistrate, Recorder

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24
Q

What courts do district judges sit in

A

County

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25
Q

Explain district judges in criminal cases

A
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26
Q

Explain district judges in civil cases

A

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

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27
Q

What do district judges decide

A

Fact, law and outcome

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28
Q

What courts do circuit judges sit in

A

Crown and county

29
Q

Explain circuit judges in criminal cases

A
30
Q

Explain circuit judges in civil cases

A

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

31
Q

What do circuit judges decide

A

Facts, law and outcome

32
Q

What courts do recorder judges sit in

A

Crown court and occasionally county

33
Q

What are recorder judges

A

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

34
Q

Explain recorder judges in criminal cases

A

Hear cases

35
Q

Explain recorder judges in civil cases

A

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

36
Q

What do recorder judges decide

A

Fact, law and outcome

37
Q

Where do district magistrate judges sit

A

Magistrates court in London and other major cities

38
Q

What do district magistrates do

A

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.

39
Q

How do district magistrates sit

A

On their own

40
Q

What is judicial independence

A

Judiciary is kept away from other branches of government

41
Q

Who investigates complaints against judges

A

Judicial conduct investigations office

42
Q

If the report if upheld who is then notified

A

Lord chancellor and lord chief justice

43
Q

What may happen to a judge if the report is upheld

A

Warning, reprimand, removal from office or a prison sentence

44
Q

Why is judicial independence important

A

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

45
Q

What are the four ways in which judicial independence is achieved

A

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

46
Q

What is meant by security of tenure

A

Permanently appointed to their post

47
Q

How is security of tenure achieved in superior judges

A

Cannot be dismissed by the government

48
Q

Where does superior judges security of tenure originate from

A

Act of settlement 1701

49
Q

Where is security of tenure now found

A

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.

50
Q

How can superior judges be removed then

A

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

51
Q

Why is security of tenure good for superior judges

A

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

52
Q

How is security of tenure achieved in inferior judges

A

Also cannot be removed from parliament

53
Q

How can inferior judges be removed

A

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

54
Q

What is meant by immunity from the suit

A

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

55
Q

Why is immunity from the suit good

A

It allows judges to make decisions without fear of repercussions

56
Q

What is a case to support immunity from the suit

A

Sirros v Moore

57
Q

What is meant by immunity from the two arms

A

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

58
Q

How are judges separate from the executive

A

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)

59
Q

What is the separate body judges are recommended by

A

Judicial appointments commission

60
Q

How are judges separate from legislature

A

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

61
Q

The creation of what helped differentiate from the judiciary and legislature

A

The supreme court in 2009

62
Q

What is immunity from the case

A

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

63
Q

What is a case to support immunity from the case

A

Pinochet case

64
Q

What are the reasons for judicial independence

A

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

65
Q

Advantages of the judiciary

A

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

66
Q

How many women were high court judges in 2017

A

23

67
Q

How many black and ethnic minority judges were high court judges

A

3

68
Q

Disadvantages of the judiciary

A

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

Law- Paper 1 section A (9 decks)

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