Judiciary Flashcards

1
Q

What is the role of judges in the judiciary?

A

Judges apply the law as stated by Parliament independently, presiding over civil and criminal cases.

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2
Q

Who is the head of the judiciary in the UK?

A

The Lord Chief Justice.

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3
Q

What is the hierarchy of courts in the UK judiciary?

A

Supreme Court, Court of Appeal, High Court, Crown Court, County Court, Magistrates Court.

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4
Q

How are judges appointed according to the Constitutional Reform Act 2005?

A

Judicial appointments are managed by the Judicial Appointments Commission, and candidates apply for posts that are advertised.

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5
Q

What changes did the Tribunal Courts and Enforcement Act 2007 introduce?

A

Widened legal qualifications for judges, allowed diverse experience for applicants, and reduced experience requirements for judicial posts.

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6
Q

What is the main objective of the Constitutional Reform Act 2005?

A

To uphold the independence of the judiciary.

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7
Q

What qualification is needed to sit as a High Court Judge?

A

A minimum of 15 years senior court qualification.

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8
Q

What is the maximum appointment term for a Recorder?

A

Five years, and they usually work part-time.

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9
Q

How long must a candidate be a barrister or solicitor to be eligible for a Recorder position?

A

Seven years.

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10
Q

What is the role of the Lord Chancellor in judicial appointments post-2005?

A

The Lord Chancellor’s role is minimal, involved only in the appointment of superior judges.

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11
Q

What is the role of the Judicial Appointments Commission (JAC)?

A

To manage the appointment of judges, ensuring appointments are based on merit and widely advertised.

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12
Q

What are the three main elements of judicial training?

A

Knowledge of substantive law, acquisition of judicial skills, and understanding the social context of judging.

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13
Q

What does ‘security of tenure’ mean for judges?

A

Judges should not be at risk of removal due to government disagreement with their decisions.

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14
Q

How can judges declare UK legislation incompatible with European law?

A

By issuing declarations of incompatibility under the Human Rights Act.

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15
Q

What is the retirement age for judges in the UK?

A

Judges usually retire at the age of 70.

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16
Q

What happens if a judge is accused of misconduct?

A

The Judicial Conduct Investigations Office can investigate and potentially remove judges from office.

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17
Q

What percentage of Court of Appeal judges were female as of April 2021?

A

0.21

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18
Q

What is a puisne judge?

A

A junior judge in the High Court.

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19
Q

What were judges often criticized for regarding demographics?

A

Being ‘male, stale, and pale’.

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20
Q

What does the phrase ‘the rule of law’ signify in relation to judges?

A

Judges must interpret the law independently and uphold legal principles without outside influence.

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21
Q

What are inferior judges in the UK?

A

Judges in lower courts such as the Magistrates Court with less security of tenure.

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22
Q

What is one significant impact of the Constitutional Reform Act 2005 on the selection process of judges?

A

The process became more transparent and separate from political influence.

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23
Q

What is the judicial training induction program?

A

A program that new judges undergo at their first appointment, including mentoring by experienced judges.

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24
Q

What is the role of judges in civil cases?

A

Judges determine liability and the amount of damages to be awarded.

25
What is the impact of the GCHQ case (1984) on judicial independence?
Judges can declare legislation incompatible with European human rights laws.
26
What can the Judicial Conduct Investigations Office do?
Investigate allegations of misconduct against judges.
27
Who must formally appoint all judges in the UK?
The King
28
What are the qualifications for lower judicial posts according to the Tribunal Courts and Enforcement Act 2007?
Fellows of the Institution of Legal Executives, Registered Patent Attorneys, and Trade Mark Attorneys.
29
What is the significance of judges being free from legislative influence?
It ensures that judges interpret laws without being influenced by politicians or political pressure.
30
What does continuing professional development for judges entail?
Participation in seminars and e-learning to stay updated on legislation and procedures.
31
Who are superior judges in the UK?
Judges in higher courts, such as the Supreme Court and High Court.
32
In what type of cases do Circuit Judges typically preside?
High value County Court cases and serious Crown Court cases.
33
What must judges do when they find legislation incompatible with human rights?
They must notify the government, prompting potential legal changes.
34
Name a case that highlights judicial independence regarding government decisions.
The Belmarsh Case (2004).
35
What is one of the roles of District Judges in the UK?
Handling cases in the Magistrates Court with a minimum of five years’ experience.
36
What evidence does the term 'male, stale, and pale' refer to in the judiciary?
The criticized demographic composition of judges being predominantly white males.
37
How has experience required for applicants changed under the Tribunal, Courts and Enforcement Act 2007?
Experience has been lowered for judicial posts from 7 years to 5 years.
38
What features define a part-time Recorder's role?
A Recorder is appointed for 5 years and typically works part-time.
39
What is the phrase used to describe judges who are not employed as barristers?
Judges from non-barrister backgrounds.
40
How has judicial diversity changed from 2021 statistics?
Only 8% of judges identified as BAME.
41
What criteria must be met for judicial appointment eligibility?
Relevant legal qualifications and gained experience in law.
42
What did the Courts and Legal Services Act 1990 do regarding judicial appointments?
It widened the criteria for eligibility for judicial appointments.
43
How did the Tribunals, Courts and Enforcement Act 2007 change the eligibility for judicial appointments?
It widened the pool of applicants to include solicitors, barristers, CILEX, Registered Patent Attorneys, and Trade Mark Attorneys.
44
What year was the Tribunals, Courts and Enforcement Act passed?
2007
45
What experience methods were allowed by the TCE Act 2007?
Teaching law, working in arbitration/mediation.
46
What are the minimum experience years required for a person to apply to become a judge?
5 to 7 years, depending on the level of judge.
47
What is the minimum experience required for a Justice of the Supreme Court?
At least 15 years of high judicial office or qualifying practice in senior courts.
48
Who can be appointed as Lords/Ladies Justice of Appeal?
Those with at least 7 years of experience in law or an existing High Court judge.
49
What qualifies someone to be a High Court Judge?
7 years of experience as a barrister or solicitor or 2 years as a Circuit judge.
50
What is necessary for becoming a Circuit Judge?
7 years of experience in law or qualifying as a barrister or solicitor.
51
What qualifications are needed to become a Recorder?
At least 7 years experience as a qualified barrister or solicitor.
52
How many years of experience must a District Judge have?
At least 5 years as a qualified barrister or solicitor.
53
What are the qualifications for a Tribunal Judge?
Qualified as a barrister or solicitor with at least 5 years of experience.
54
Which Act reduced the time needed to work in law for judicial application?
Tribunals, Courts and Enforcement Act 2007.
55
What was the impact of the Courts and Legal Services Act 1990 on the judicial applicant pool?
It broadened the eligibility criteria.
56
What constitutes 'gaining experience in law' according to the TCE Act 2007?
Activities such as teaching law or working in arbitration/mediation.
57
What level of judge requires a minimum of 15 years of experience to apply?
Justice of the Supreme Court.
58
Can Solicitors apply to be judges?
Yes, they can apply if they meet the eligibility criteria.
59
What must the individual demonstrate to apply to become a District Judge?
At least 5 years of experience as a barrister or solicitor.