Judiciary P2 Flashcards
What does judiciary mean
The collective name for judges
What is the role of a judge
To act as referee during the course of the case and then decide, on the facts and the law, which side is to win
They then decide the remedy
What are the two type of judges
superior and inferior
What are the superior judges
Justices of the Supreme Court, the Lord Justices of Appeal and the High Court judges
What is the head of the judiciary called
Lord Chief Justice
What are the inferior judges
Those below High Court level: Circuit Judges and District Judges
What makes someone a superior judge
Based on the need for certain legal qualifications plus relevant legal experience for a number of years
The more senior the position, the more experience at a more junior post is required
Which act created the Judicial Appointments Commission
The Constitutional Reform Act 2005
What is the Judicial Appointments Commission
Independent body
responsible for advertising posts, interviewing applicants and forwarding recommendations for appointment to the Lord Chancellor
Who appoints judges
King
Why is it important that the king appoints judges and not the government
keeping separate the selection and appointment of judges from the role of Government - removal of bias
What is the role of Justices of the supreme court
Only has appellate jurisdiction
12 justices
Heard cases on a point of law of general public importance
Decisions made make binding precedents
What is the role of Lord Justices of Appeal
Hear all appeals, across both civil and criminal law
Their decisions form binding precedent for courts lower down the hierarchy
What is the role for High Court judges
Hear multi-track cases involving more than £50,000 and/or cases involving a complex point of law
Decide the facts and law, who wins and amount for awarded damages
What court do Circuit judges sit in
County court and Crown