Judiciary P2 Flashcards

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1
Q

What does judiciary mean

A

The collective name for judges

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2
Q

What is the role of a judge

A

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

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3
Q

What are the two type of judges

A

superior and inferior

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4
Q

What are the superior judges

A

Justices of the Supreme Court, the Lord Justices of Appeal and the High Court judges

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5
Q

What si the head of the judiciary called

A

Lord Chief Justice

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6
Q

What are the inferior judges

A

Those below High Court level: Circuit Judges and District Judges

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7
Q

What makes someone a superior judge

A

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

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8
Q

Which act created the Judicial Appointments Commission

A

The Constitutional Reform Act 2005

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9
Q

What is the Judicial Appointments Commission

A

Independent body
responsible for advertising posts, interviewing applicants and forwarding recommendations for appointment to the Lord Chancellor

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10
Q

Who appoints judges

A

King

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11
Q

Why is it important that the kind appoints judges and not the government

A

keeping separate the selection and appointment of judges from the role of Government - removal of bias

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12
Q

What is the role of Justices of the supreme court

A

Only has appellate jurisdiction
12 justices
Heard cases on a point of law of general public importance
Decisions made make binding precedents

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13
Q

What is the role of Lord Justices of Appeal

A

Hear all appeals, across both civil and criminal law
Their decisions form binding precedent for courts lower down the hierarchy

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14
Q

What is the role for High Court judges

A

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

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15
Q

What court do Circuit judges sit in

A

County court and Crown

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16
Q

What is the role of Circuit judges

A

Decide who has won the fast-track (£10,000.01 up to £25,000) or multi-track case (from £25,000.01 as long as they do not involve a complex point of law)
Decide the facts and law, who wins and amount for awarded damages

17
Q

What is the role of District judges

A

Sit on their own
Decide the fact and the law, who wins and amount to award for damages
Hear all small claims (cases worth up to £10,000) and some fast-track cases (from £10,000.01 up to £25,000 which do not involve a complex point of law)