lay- legal personnel Flashcards

(50 cards)

1
Q

what is a lay people

A

refers to anyone involved in the judiciary who does NOT have any legal qualifications.

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2
Q

two types of lay people

A

magistrates
juries

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3
Q

what are magistrate

A

trained members of the community who volunteer their crime

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4
Q

magistrate must be what

A

18 to 70

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5
Q

how are magistrates selected

A

in line with criteria set out by the local advisory committee

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6
Q

what will the selected magistrate go under

A

interviews to assess their judgement and impartiality

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7
Q

what do magistrates handle

A

minor criminal offences and preliminary hearings

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8
Q

magistrates are guide by who

A

legal adviser to provide legal knowledge and expertise

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9
Q

what are magistrates responsible for

A

Responsible for deciding verdicts and sentences of summary offences (no MR, e,g. Traffic offences or minor assaults)

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10
Q

what can magistrates conduct

A

conduct initial hearings for indictable only offences before they go to crown court

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11
Q

what are magistrates limit to sentencing wise

A

to sentencing up to 6 months imprisonment and can issue fines up to a set limit

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12
Q

how are jury members elected

A

summoned at random

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13
Q

juries must be what (resident)

A

Must be resident of the UK for at least 5 years since the age of 13

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14
Q

who wont be eligible for jury

A

serious criminal convictions, severe MH issues or currently on bail)

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15
Q

both defence and prosecution can do what with jury

A

can challenge a juror if there are concerns of impartiality

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16
Q

what the aim for jury service

A

Aims to ensure a diverse cross section of society

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17
Q

what are juries mainly used in

A

serious criminal cases (e.g. Murder, GBH or Rape)

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18
Q

what do the jury determine

A

Determine guilt based solely on the evidence and testimonies provided within court

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19
Q

what do judges do with jury’s verdict

A

Judge then imposes a sentence based on the decision of the jury

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20
Q

what a legal executive

A

people who are legally qualified, e.g. Barristers, solicitors, judges and legal executives

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21
Q

what do barristers do in court

A

Representing people in court

22
Q

what do barrister advice

A

Advising clients on their cases’ strengths and weaknesses and negotiable settlements outside of court

23
Q

what do barristers prepare

A

Prepare legal arguments and court briefs

24
Q

what do barristers regulated

A

Regulated by the Bar Standards Board (BSB)

25
what do solicitors with clients
Talk to clients, offering legal advice and drafting documents
26
what do solicitors specialist in what laws
in areas like family law or property law
27
solicitors can gain what
Can gain higher rights to audience to represent courts in higher courts (like barristers would)
28
solicitors are regulated by what
Regulated by the Solicitors Regulation Authority (SRA)
29
what do legal executives specialise in
stuff like litigation and probate
30
legal executives can perform what
Perform many similar tasks to solicitors but with a tighter focus
31
who regulates legal executives
by CILEx
32
what can legal executives qualify in certain circumstances
roles like District Judge
33
what is Bar Standards Board (BSB)
Regulates barristers, ensuring independence and ethical conduct
34
what is Solicitors Regulation Authority (SRA)
Oversees the conduct and professional standards of solicitors
35
what is CILEx
Governs the conduct of chartered legal executives to ensure proper professional practice
36
what does district judges hear
Hear more complex civil and criminal cases in both County and Magistrates Court
37
what do district judges deal with
Deal with matters like bankruptcy and serious offences
38
what are circuit judges
Operate in the Crown Court and County Court, hearing serious criminal and civil cases
39
what do circuit judges conduct
Conduct trials by jury for criminal offences
40
what is a high court judge
Senior judges who preside over serious civil matters in the High Court
41
what do high court judges deal with
Handle cases related to business, family and complex legal matters
42
what are CoA judges
Review appeals from lower courts, handling both civil and criminal matters
43
what are the four separate powers for judges
security of tenure immunity from suit separation from the Gov and Parliament independence from the case
44
what is security of tenure with judges
Judges have secure positions, preventing their easy dismissal. This ensures impartial decision making
45
what is immunity of suit for judges
Judges are protected from being sued for their judicial decisions, allowing them to act without concern for personal legal consequence
46
what is the separation from the Gov and Parliament
Ensures that the judiciary operates independently of the government and parliament, preserving impartiality
47
what is the independence from the case for judges
Judges must not have any pre-existing interest in a case they preside over to ensure an unbiased ruling
48
what the principle of judicial independence
is the principle that means the Judiciary must be free from any external influence
49
what does judicial independence allow judges to do what
This allows judges to make decisions based solely on the law. It ensures fair treatment for all.
50
what is judicial review
a key component of independence, it gives the courts the ability to review the legality of the actions of public bodies including the government (Proroguing of Parliament 2019).