Legal Personnel Flashcards
1
Q
What is the role of the Judiciary?
A
- Responsible for interpreting and applying the law
- Ensures fair trials
- Provide remedies
- Establish precedents (create law)
- Hold the government to account
- Decide disputes
2
Q
What impact has the Human Rights Act 1998 had on the role of judges?
A
- S 3 of the HRA ‘interpretative obligation’ requires judges to interpret legislation in a way that is compatible with the rights outlined
- S 4 ‘declaration of incompatibility’ puts a strong pressure on the parliament to change the law
3
Q
What does Jonathan Sumption think about the HRA?
A
- The law has expanded too far into the realm of politics and that judges have too much power
4
Q
What does Lady Hale think about the HRA?
A
- Judges are only doing what parliament has told them to do
5
Q
Who are the Judiciary?
A
- Judges (preside over court cases, interpret laws, and make decisions on legal disputes)
- Magistrates (often volunteers, trained but not legally qualified)
- Court Staff and Support (clerks, legal advisors, and admin staff)
6
Q
How are judges selected?
A
- The Judicial Appointments Commission selects the judiciary
7
Q
What was the role of the Lord Chancellor before?
A
- Government minister
- Speaker of the House of Lords
- Head of the Judiciary and the senior judge of the House of Lords in the judicial capacity
8
Q
What is the role of the Lord Chancellor today?
A
- No longer the head of the judiciary or speaker of the House of Lords
- Support the judiciary
- Uphold the rule of law
9
Q
What is the role of the Lord Chief Justice?
A
- Head of the judiciary
- Responsible for leading the court system and representing the interests of the judiciary
10
Q
What is the role of the jury?
A
- Decide issues of fact and reach a verdict
- Swear on oath to reach a verdict according to evidence
- They do not need to give a reason
11
Q
What is Jury equity?
A
- The power of the jury to give a verdict according to conscience
