Judiciary Flashcards
Which of the following statements best describes the role of the recorder?
A-A recorder deals with the more complex cases in the magistrates’ courts and the Family Court.
B-A recorder is the most junior level of circuit judge who presides on a full-time basis in the Crown Court.
C-A recorder is not able to sit in the County Court.
D-A recorder is a senior judge who is appointed by the Queen to sit in the Court of Appeal.
E-A recorder is the most junior level of circuit judge and can preside on a part-time basis in the Crown Court.
Option E is the best answer. A recorder is the most junior level of circuit judge and can preside on a part-time basis in the Crown Court.
Option A is wrong because it is a district judge who deals with more complex cases in the magistrates’ courts and the Family Court.
Option B is wrong because a recorder presides on a part-time, rather than a full-time, basis.
Option C is wrong because a recorder may sit in both Crown and County Courts, but most start by sitting in the Crown Court.
Option D is wrong because Lord or Lady Justices of Appeal sit in the Court of Appeal.
A person works in a court. Her role is almost entirely in hearing criminal cases, but occasionally she hears applications for licenses which are civil in nature. She is of good character, sound judgment and is reliable, but she has not undergone formal legal training. When she needs to understand a point of law she can ask the court clerk.
A-District Judge. A District Judge can hear lower level criminal cases by themselves, for example speeding fine and minor assaults. Therefore, they do not require any legal training.
B-Magistrate. They are not qualified lawyers and have a court clerk to explain the legal points. They hear lower level criminal cases, for example speeding fines and minor assaults.
C-Crown Court judge. Only Crown Court judges can hear criminal cases. They have a jury to help them decide the facts and a court clerk to tell them about the law. Therefore, they do not require any legal training.
D-Justice of the Peace. They are not qualified lawyers and have a qualified court clerk to explain the legal points. They hear lower level criminal cases, for example speeding fines and minor assaults.
E-Juror. A juror is somebody who decides the fact of innocence or guilt in all criminal cases, so that people are properly tried by their peers. Therefore, they do not require any legal training.
Option B is correct. The best description for this role is Magistrate. Three Magistrates sit together to hear low level criminal cases and rely upon a court clerk for explanations of legal points. They do not have formal legal training, but do have to attend courses to fulfil the role properly.
Options A and C are wrong. Both answers describe a judicial position for which a lot of legal training and experience is required. Further, Crown Court judges do not hear all criminal cases, only those of greater severity than Magistrates have the jurisdiction to hear.
Option D is wrong. Justice of the Peace is a more formal and old fashioned title for the job of a Magistrate. It is a differently used term for the same role.
Option E is wrong. Jurors only sit in the Crown Court to decide the facts of more severe criminal cases.
A law student is asked to explain the nature and role of the Attorney General to their class. The student says, “The Attorney General is a qualified lawyer who is appointed by the government to advise the government on legal issues and answer questions in Parliament. The Attorney General may refer a point of law for clarification to the Court of Appeal on behalf of the prosecution following acquittal.”
Is the student completely correct in their explanation?
A-No, because the Attorney General is a political appointment, and they are therefore an employee of the Crown. They must assist and represent the Crown in all matters. They would not assist Parliament.
B-No, because the Attorney General is a political appointment, and they are therefore an employee of the Prime Minister. They cannot attend court for any purpose.
C-No, because the Attorney General is a lawyer, they must be appointed by the Lord Chancellor who is the minister in charge of the judiciary and the courts.
D-Yes, because the Attorney General’s role is to assist the government as a whole, which includes answering questions in Parliament and getting clarifications on the law from the Court of Appeal.
E-Yes, because even though the Attorney General is a political appointment, their over riding duty is to oversee the criminal justice system.
Option D is correct as it accurately explains the Attorney General’s purpose and how it is carried out.
Options A and B are wrong because they both broadly correctly describe the basis of appointment, but incorrectly describe the Attorney General’s duties.
Option C is wrong because it is based upon the presumption that the Attorney General is a member of the judiciary, whereas the Attorney General is a cabinet minister.
Option E is wrong because it does not correctly explain the Attorney General’s purpose.
A District Judge is presiding over a case triable only by summary trial. The case is complex due to admissibility of certain evidence, the involvement of various experts, and numerous witnesses providing conflicting statements.
Can the District Judge convict the defendant after hearing the case alone in the magistrates’ court?
A-No, because a District Judge as a lay magistrate is required to take advice from a legally qualified clerk, also hearing the case, before convicting the defendant.
B-No, because a bench of 3 lay magistrates can only convict the defendant after being advised by the District Judge hearing the case first as a qualified lawyer.
C-Yes, because a District Judge, with authority as a professional magistrate, can hear the case alone without a legally qualified clerk before convicting the defendant.
D-Yes, because a District Judge is required to take advice on the law by a legally qualified clerk in more complex cases before convicting the defendant.
E-Yes, because a District Judge with two years’ rights of audience can hear cases alone without taking advice from a legal qualified clerk before convicting the defendant.
Option C is correct as a District Judge is a professional magistrate with a stated qualification of five years’ rights of audience as a qualified lawyer, having previously served as a Deputy District Judge. The court system allows District Judges to hear complex cases in the Magistrates’ Court on their own as they are qualified lawyers. Single District Judges can convict a Defendant as long as they are satisfied that the prosecution has proved beyond all reasonable doubt that the defendant committed the offence.
Arbitrator vs mediator (who decides what)
Arbitration:
Arbitrator determines the outcome.
In mediation:
Parties decide outcome, Mediator does not have the power to decide. Aim of a mediator is for the two parties to be able to work together in the future
A defendant is tried on indictment in the Crown Court on a charge of manslaughter. The defendant is convicted of the offence but the sentence imposed by the trial judge is significantly lower than that normally imposed by the courts in circumstances similar to those in the present case.
Can any action be taken regarding the sentence imposed by the trial judge?
A-No, because this would be contrary to the rule of law and the administration of justice.
B-No, because the Crown Court judge’s decision on sentencing is always final.
C-Yes, because the Attorney-General has power to refer the sentence to the Court of Appeal (Criminal Division).
D-Yes, because the prosecution can appeal to the Court of Appeal (Criminal Division) against the sentence.
E-Yes, because the prosecution can appeal to the Supreme Court against the sentence.
The correct answer is C. Under the Criminal Justice Act 1988, where the Attorney-General considers that the trial judge in the Crown Court has imposed a sentence which is unduly lenient, he may refer the case to the Court of Appeal. The Court of Appeal may replace the sentence with one which it considers to be more appropriate.
Option A is wrong because it is not contrary to the rule of law and the administration of justice for there to be a mechanism to refer an unduly lenient sentence to a higher court for reconsideration.
Option B is wrong because the Crown Court judge’s decision on sentencing is not always final. In addition to the Attorney-General’s reference procedure above, the defendant himself may appeal to the Court of Appeal (with permission) against conviction and/or sentence.
Option D is wrong because the prosecution is not entitled to appeal to the Court of Appeal (Criminal Division) against the sentence imposed on the defendant.
Option E is wrong because, the prosecution can only appeal to the Supreme Court on a point of law arising out of an appeal by the defendant to the Court of Appeal.
The ‘Mischief Rule’ is a judicial rule of construction which may be used when the meaning of a word in a statute could be interpreted in more than one way.
Which of the following is a description of the ‘Mischief Rule’?
A-The judge considers the intention of the legislator when the statute was drafted.
B-Words are given their plain, ordinary and literal meaning.
C-Words are interpreted according to the meaning of the words that surround them and their context.
D-The judge refers to the dictionary to determine the meaning of words and how they should be interpreted when there is no specific legal meaning.
E-Where there are two possible meanings of a word, the court should choose the meaning which avoids an ‘obnoxious’ outcome in terms of public policy.
The correct answer is A – The mischief rule is an approach that considers the intention behind the drafting of a statute.
Option B is wrong as it describes the Literal Rule.
Option C is wrong as it describes Noscitur a Sociis (or recognition by associated words).
Option D is wrong as here, the judge uses an extrinsic aid to interpretation.
Option E is wrong as it describes the Golden Rule.
When interpreting the meaning of ‘or other injury’ in a statute that requires employers to protect employees from ‘danger from shock, burn or other injury’ the judge looked at the specific words that preceded the more general term and decided that ‘shock’ and ‘burn’ related to injuries caused by electricity. Tripping over cables was therefore not in the same category of injuries.
Which rule of language has the judge applied?
A-The literal rule.
B-The mischief rule.
C-The extrinsic evidence rule.
D-The golden rule.
E-Eiusdem Generis
The correct answer is E, Eiusdem Generis, as the judge has used a rule of language to interpret a general term alongside more specific terms listed in the statute.
Option A is wrong, as the literal rule is where the words are given their plain, ordinary and literal meaning.
Option B is wrong, as the mischief rule requires the judge to consider the legislator’s intention and the ‘mischief’ (or problem) that it was designed to correct.
Option C is wrong, as the extrinsic evidence rule is where the judge uses an extrinsic aid to interpretation which is outside the statute itself. This may include reference to the Interpretation Acts, a dictionary or other statute.
Option D is wrong, as the golden rule is used when there is ambiguity in the meaning of a word in a statute and the judge must therefore choose between two possible meanings to avoid an absurd result.
A solicitor is advising her client in relation to a forthcoming civil trial that is to be heard in the County Court.
Which of the following statements best describes the type of judge that may hear the case?
A-The case is likely to be heard by a Circuit Judge, a High Court Judge, a Recorder or a District Judge.
B-The case is likely to be heard by a Tribunal Judge, a Circuit Judge, a Recorder or a District Judge.
C-The case is likely to be heard by a Tribunal Judge, a Recorder, a District Judge or a Deputy District Judge.
D-The case is likely to be heard by a Circuit Judge, a Recorder, a District Judge or a Deputy District Judge.
E-The case is likely to be heard by a Circuit Judge, a Tribunal Judge, a District Judge or a Deputy District Judge.
Option D is correct. The County Court deals exclusively with civil cases. The full jurisdiction of the County Court is generally overseen by Circuit Judges or Recorders (part-time judges). District Judges and Deputy District Judges (also part-time) handle interim matters and hear trials that do not exceed £25,000 in value.
Option A is wrong as it refers to High Court Judges, who ordinarily only sit on cases taking place in the High Court.
Options B, C and E are wrong as they refer to Tribunal Judges, who sit in the Tribunal system only and not in the County Court.
A teacher is community minded and wants to contribute to society. She believes she would be a good judge. She has no legal training.
In which of the following places could the teacher, with the right preparation and support, be selected to sit and perform a judicial role?
A-The County Court.
B-The High Court.
C-The magistrates’ court as a district judge.
D-An employment Tribunal.
E-The Crown Court.
Option D is correct. Employment tribunals consist of three people, one of whom is usually legally qualified, the other two being lay persons. So long as the teacher has the necessary attributes and training she could become a member of an employment tribunal.
Option A is wrong because a judge in the County Court needs to be legally qualified. Option B is wrong for the same reason.
Option C is wrong because a district judge in the magistrates is a legally qualified person who sits alone to hear more complicated matters. The teacher could however become a lay magistrate sitting with two others for less serious crimes. Option E is wrong because judges in the Crown Court must be qualified lawyers with significant experience.
A defendant is being tried at the Magistrates’ Court for a straightforward case of theft.
Which of the following will decide on guilt?
A-A jury.
B-A district judge.
C-Justices of the peace.
D-A judge.
E-A magistrates’ court legal advisor.
Option C is correct. A justice of the peace (JP) is another term for a magistrate.
Option A is wrong, because juries sit in the Crown Court. They do listen to the evidence, and give a verdict at the end of the process, but not in the magistrates’. Option B is wrong because, although a single district judge can sit in the magistrates’ court, they would only do so in more complex matters (you also find district judges in the County Court, incidentally – they are a separate entity from criminal court district judges).
Option D is wrong because a judge presides over a Crown Court trial, and controls proceedings, and gives directions and a summing up. They do not decide on the innocence or guilt of the defendant, and they do not preside at the magistrates’. Option E is wrong because a magistrates’ court legal advisor is a legally qualified official who works in the magistrates’ court but advises on the law, not innocence and guilt.
A County Court judge is hearing a difficult breach of contract case. The facts and evidence are tricky, and the judge is unsure which litigant is telling the truth.
Which of the following statements is correct as to an objection by one of the litigants as to the legal process?
A-The judge should be guided in her behaviour by the codes of conduct for solicitors and barristers.
B-If the judge makes a decision which is contested by one of the litigants, she could be disciplined for making a mistake.
C-Any appeal from the judge’s decision will be heard in the Crown Court.
D-The jury will make a decision on which litigant is telling the truth.
E-The judge can ask the court legal advisor for legal advice.
Option A is correct. Judges are influenced by the codes of conduct which govern them in their earlier lives as solicitors or barrister.
Option B is wrong because a litigant who believes a judge has made a mistake should appeal the decision, and there is no disciplinary consequences to a judge having a decision appealed.
Option C is wrong because the Crown Court is a criminal court and so would not hear an appeal from the County Court. Option D is wrong because there is no jury in the County Court - juries sit in the Crown Court, in criminal matters. Option E is wrong because there is no legal advisor in the County Court, and the judge would rely on her own legal experience rather than requesting assistance from somebody else.
A man is charged with assault occasioning actual bodily harm (‘ABH’). He pleads not guilty on the basis that the victim of the assault who identified the man as the person who attacked him is mistaken. Following a trial before the magistrates’ court, the man is convicted of ABH. The man wants to appeal to the Crown Court against his conviction. The man asks the solicitor who represented him in his trial before the magistrates’ court if the solicitor can also be his advocate at the appeal hearing in the Crown Court.
Which of the following statements best explains whether the solicitor can appear as the man’s advocate at his appeal?
A-No, because solicitors do not have any rights of audience before the Crown Court.
B-No, because the new solicitor must have a higher rights of audience qualification to appear before the Crown Court.
C-Yes, because the solicitor represented the man at his trial in the magistrates’ court.
D-Yes, because solicitors have full rights of audience in the Crown Court.
E-Yes, because ABH is an offence that can be tried in either the magistrates’ or the Crown Court.
Option C is the best explanation. A solicitor does not usually have rights of audience in the Crown Court unless he has obtained a higher rights of audience qualification. An exception to this rule allows a solicitor to appear before the Crown Court on an appeal from the magistrates’ court where, as is the case here, the solicitor (or his firm) represented the individual who is making the appeal in the original trial.
Option A is wrong because it is possible for solicitors to have rights of audience in the Crown Court, subject to complying with the SRA’s additional assessment requirements.
Option B is also wrong because, as explained, it is not necessary for the solicitor here to have a higher rights of audience qualification.
Option D is wrong, because solicitors only have full rights of audience if they have complied with additional assessment requirements as set out by the SRA.
Option E is wrong because the fact that ABH is an offence which can be tried in either the magistrates’ or the Crown Court makes no difference as the question concerns an appeal against conviction.
A solicitor with six years’ experience in private practice wishes to enter the judiciary.
Which of the following positions could they apply to become?
A-A Recorder
B-A Circuit Judge
C-A High Court Judge
D-A Magistrate
E-A District Judge
Option E is correct. A District Judge’s stated qualification is a five-year right of audience.
Option A is wrong as a Recorder requires seven years rights of audience.
Option B is wrong as a Circuit Judge must have held rights of audience for at least 10 years, and generally should also have served either part time as a recorder or full time as a district judge.
Option C is wrong as a High Court Judge is a long-serving lawyer (usually a barrister although now more solicitors are being appointed).
Option D is not the best answer as most magistrates have no legal qualifications.
