Judiciary (role of judges sitting in the superior courts).

Question 1

what is the role of judges?

Answer 1

to apply the law as stated by parliament in an independent manner

Question 2

what does s2 Human Rights Act 1998 tell us?

Answer 2

judges should take into account decisions of the European Court of Human Rights

Question 3

what does s3 Human Rights Act 1998 tell us?

Answer 3

all legislation should be interpreted in a way which is compatible with the European Convection on Human Rights

Question 4

who are Parliament and what can’t courts/judges do?

Answer 4

parliament are the supreme law makers and courts cant question the law, only interpret it

Question 5

name the superior judges

Answer 5

1) High Court Judges
2) Lord Justices of Appeal
3) Justices of the Supreme Court

Question 6

What do HC judges hear first?

Answer 6

hear first instances of civil cases in one of the three divisions in the high court

Question 7

what do HC judges listen to?

Answer 7

listen to facts of the case and decide liability

Question 8

what appeals do HC judges hear from?

Answer 8

1) Hear appeals including appeals from civil cases tried in the county court
2) case state appeals from the magistrates and crown court

Question 9

where do HC judges sit?

Answer 9

sit in the crown court and hear the criminal trials- they decide on the verdict and sentence

Question 10

where do LJA sit?

Answer 10

in both the civil court of appeal and criminal court of appeal

Question 11

LJA sit in panels of how many?

Answer 11

3 or 5

Question 12

how many cases do LJA hear per year?

Answer 12

over 7,000

Question 13

what courts do LJA hear cases from?

Answer 13

the HC and Crown C

Question 14

what do LJA hear in County C cases?

Answer 14

hear second or further appeals from the county court cases

Question 15

JSC sit in what court?

Answer 15

The supreme court

Question 16

JSC hear appeals from where?

Answer 16

hear appeals from all of the UK courts from England and wales and northern Ireland

Question 17

approx. how many cases do JSC hear per year?

Answer 17

approx 100 cases per year

Question 18

what appeals can JSC hear?

Answer 18

can hear both criminal and civil appeals on complex or arguable points of law of constitutional or public importance

Question 19

what number do JSC sit in?

Answer 19

they sit in an uneven number and the minimum sitting must be three

Question 20

what do JSC do after listening to a case?

Answer 20

they listen to the case then retire, often for several months to consider the case and to write their judgement

Question 21

JSC decisions become what?

Answer 21

their decisions on a point of law become precedent