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Legal personnel Flashcards

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1
Q

Who is the head of the Judiciary?

A

The Lord Chief Justice

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2
Q

Who is the current Lord Chief Justice?

A

Incumbent The Baroness Carr of Walton-on-the-Hill since 1 October 2023

(Lady Chief Justice)

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3
Q

Who is the Secretary of State for Justice (Lord Chancellor)?

A

Shabana Mahmood

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4
Q

What is Right of Audience and who has it?

A

The right to appear and address a Court and the right to call and examine witnesses.

Lawyers.

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5
Q

What are the Superior Judges?

A

Lord Chief Justice, Supreme Court Justices, Lord/Lady Justices, High Court Judges

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6
Q

What are the inferior Judges?

A

Circuit Judges, Recorders, District Judges, Magistrates

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7
Q

What are the Qualifications a Judge may need?

A

Courts and Legal Services Act 1990 declares a Lawyer must:

Have legal relevant qualification, usually solicitor or barrister but can be CILEX & academics and
Required no of years legal experience (right of audience) eg High Court Judges need 7 years of experience, Circuit Judge needs 2.

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8
Q

What are the Judicial Qualities needed to be a Judge?

A

Legal Knowledge
Ability to exercise sound judgement
Ability to apply clear logic to a decision

Main criteria: Not advocacy, it is judgment.

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9
Q

How were Judges appointed prior to 2005?

A

On recommendation by the Lord Chancellor & Executed by the Monarch.

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10
Q

What did the Constitutional Reform Act 2005 do for the appointment of Judges?

A

Created Judicial Appointments commission & SC

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11
Q

How are Judges selected?

A

JAC Has 15 members (6 being LAY) who recommend candidates - Inferior Judges are appointed independently of Gov but superior judges still involves LC.

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12
Q

How are Judges appointed?

A

Appointed by the King on the advice of PM & LC.

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13
Q

What is the general role of a Judge?

A

a) Supervises conduct of trial
b) Sole arbiter of legal issues, interprets & clarifies
c) Decides fact and law; outcome and damages (except libel-jury)
d) Sums up to a jury and passes sentences if guilty in Crim cases
e) Reforms the law/interpret and upholds the law in exceptional cases
f) Judicial review/reviewing decisions on appeal

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14
Q

What is a Judges’ role in the Magistrates, County and Crown Court?

A

Magistrates: District Judges hear summary matters and some triable either way matters. Decide Verdicts and pass sentences.

County Court: District Judges, part-time recorders & Circuit Judges hear all civil cases & decide liability and award appropriate remedies.

Crown Court: Part-time Recorders and Circuit Judges hear triable-either-way matters and all indictable matters. Advise Jury on law and pass sentence. Hear appeals from Mags Court.

A solicitor needs 5-7 years of experience before becoming a District Judge.

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15
Q

What is a Judges’ role in the High, Appeal and Supreme Court?

A

High Court: High Court Judges hear cases in three divisions, civil cases of first instance and crim and civil appeals. Decide liability and award appropriate remedy in civic cases.

Court of Appeal: Lord/Lady Justices of Appeal hear civ and crim cases in relevant division, panel of 3 or 5, busier than SC.

Supreme Court: Justices of SC hear both civil and crim appeals on points of law and public importance. Panel of min 3, 11 Justices create precedent.

A barrister/solicitor needs 15 years of experience before becoming a Supreme Court Justice.

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16
Q

In a Criminal trial, who deals with the law and who deals with the facts?

A

Law: Judge
Facts: Jury

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17
Q

Judges make law by Judicial Precedent and…

A

Interpretation and Appliance of Statutes

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18
Q

What percentage of CA Judges were female in 2020?

A

21%

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19
Q

What % Of Circuit Judges were not barristers?

A

14%

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20
Q

How many female Court Judges were there out of ____?

A

1027 out of 3174 all court Judges.

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21
Q

What is the salary for the LCJ?

A

£267,509

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22
Q

Why does a Judge have so much freedom?

A

Judges are immune from prosecution and suit. e.g. wrongly put someone in prison. Same in civil cases, cannot sue a judge for defamation of character.
Sirros v Moore 1975 - Makes judges ‘free in thought’

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23
Q

What was the case where a plaintiff was to be deported after being deported once before, got restrained on their way out of Court, and tried to sue to the Court due to the unrightful detaining?

A

Sirros v Moore 1975

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24
Q

Why is it hard to remove a Judge?

A

Judges have security of tenure.
Judges cannot be dismissed easily by Government. Both houses need to petition the King for this to happen.

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25
Q

What is the professional body for Solicitors?
What is the Regulating body for Solicitors?

A

The Law society
Solicitors Regulation Authority

26
Q

Who do Solicitors work for?

A

Work in general practice or specialist law firms.

Private practice - Sole practitioner or working in partnership as partner or assistant solicitor in high street firm.
Employed by companies or local gov - in house solicitors or by CPS
Alternative Business Structures: Legal Services Act 2007 allows lawyers to work with others, legal business owners no longer need to be a lawyer.

27
Q

What do Solicitors do?

A

First Contact with clients
Pre-trial prep
Trial work (Mags, County, and only Crown if worked with in Mags)
Briefing a Barrister
Giving legal advice
Drafting legal documents
Negotiating
Conveyancing - Administration of Justice Act 1985 offers other businesses to offer conveyancing work
Solicitors may be District Judges in Mags or County Courts.

28
Q

What are Solicitor advocates and what is the Certificate of advocacy?

A

Courts and Legal Services Act 1990 gave Solicitors new advocacy rights to apply to the higher courts qualification and act in High Courts if they obtain a certificate in advocacy. They must of been a solicitor for 3 yrs.

Solicitor advocates can become a QC and be appointed to higher judicial posts.
Solicitor advocates will represent clients in all courts.

29
Q

How were legal professions originally regulated?

A

By their own professional bodies, not seen as independent due to some questionable decisions especially. Complaints about solicitors confusing and many possible avenues.

The new system is independent however and therefore better in alot of ways.

30
Q

Describe the Law Society

A

The governing body for Solicitors in England and Wales. Represent interest of their members - basically a union.

Govern solicitors and set standard of professional conduct. There is practice rule that solicitors may not act for both parties.

Maintains roll of solicitors and can withdraw practicing certificate.

Sets training standards and supervises education.

31
Q

Describe the Solicitors Regulatory Authority/Solicitors’ Disciplinary Tribunal.

A

Regulates profession and deals with complaints. Can fire, suspend, strike off roll, etc. Independent and monitors performance, operates compensation, fund for clients, etc.

32
Q

Describe the Office for legal complaints and the Legal Ombudsman

A

Hears cases about how complaints are handled by Bar Standards Board, Solicitors regulatory authority & CILEX regulatory board.

Can order:
Compensation up to 20k
Apology to client
Return of Documentation
Correcting wrongs
Refund or reduced fee

33
Q

How may someone complain using the Courts?

A

1) In-House complaints procedure (All firms must have one)

2) Breach of Contract (Solicitors & Clients may sue eachother. If client does not pay, Solicitor can sue, Client can sue for breach of contract if Solicitor fails to do agreed work.)

3) Negligence advice/work out of court (Tort) Clients can sue for Negligent work eg Hall v Simons 2000 and Other people who are affected by the solicitors’ negligence may have right to sue. eg White v Jones 1995.

34
Q

What were the cases where:

1) Solicitor firm was sued for negligent advocacy. Courts originally bound by Kendal v Worsley ruling that lawyers could not be sued for this. HC overturned it.

2) Father made will leaving each daughter 9000. Wrote to solicitor to draw him up a will, which he received a letter for 17 July 1986. He died on 14 Sept 1986, leaving his daughters with no inheritance. Sued Solicitor for £9000 lost.

A

Hall v Simons 2000

White v Jones 1995

35
Q

Where do Barristers work?

A

Majority are self-employed working from chambers and instructed by solicitors.
May be employed and work for the Crown Prosecution Service, Government or work within an ALternative Business Structure.
Rarely they may work Independently and alone.

36
Q

What do Barristers do?

A

They have a right of audience in all courts or tribunals as either prosecutor and defender in civ or crim cases. Most concentrate on advocacy in higher courts.

Specialist legal adviser, they give written opinions and draft statements, legal documents, and hold case conferences.

37
Q

What is the King’s Counsel?

A

10% of Barristers.

All barristers are junior unless they take silt and become a KC after 10-20 years. King’s Counsel may sit on front bench in court and no longer have to draft pleadings. KC’s are allowed a silk gown instead of a stuff one.

38
Q

What is the Cab Rank Principle?

A

Barrister must take next case to come along if not already briefed to appear in court that day and case is in their field of expertise. Everyone gets representation, but this rule does not apply if the barrister is directly approached.

39
Q

What is the governing professional body, Regulatory body and Legal Ombudsman of Barristers?

A

Governing professional body: Bar council - does not look at complaints.

Regulatory Body: Bar standards Board investigates alleged Breach of code and conduct. May be deferred to disciplinary tribunal of Council of Inns of Court and may be disbarred.

Legal Ombudsman: Independent, hears complaints.

40
Q

Why may complaints arise for barristers?

A

Unreasonable delay

Inaccurate or incomplete info

Professional misconduct

Misleading Court

Failing to keep info confidential

Acting dishonestly or damaging barrister repute

41
Q

What is Court Action against Barristers?

A

Internal complaints procedure
Not a contractual relationship
Negligence out of Court
eg Ali v Sydney Mitchell 1980 Barristers can be sued for negligence

42
Q

What is a dictatorship?

A

Autocratic form of absolute rule by leadership unrestricted by law

43
Q

What are examples of dictatorships?

A

Kim Jong-Un
Josef Stalin
Augusto Pinochet Ugante

44
Q

Who made Separation of Powers?

A

Montesquieu 1689-1755

45
Q

What are some examples of overstepping SOP?

A

Brexit such as the proroguing incident

46
Q

What is Judicial Independence?

A

The requirements of Judges to ignore any pressure from legislature, executive or other outsiders and allowed Judges the freedom to make decisions based on justice and fairness.

Cannotq uestions validity of legislation

47
Q

How does Parliament prevail in some areas of SOP?

A

Judges try to implement will of Parliament to find intention

Judges cannot Q the validity (Can carry out Judicial Review of delegated leg tho)

48
Q

What did Lord Chief Justice Phillips say 2007?

A

A judge should value independence above gold, not for his or her own benefit, but because it is of the essence of the rule of law

49
Q

How is Judicial Independence achieved?

A

Limiting the role of the Lord Chancellor
Creation of the Supreme Court
Judges are immune from prosecution and suit
Judges have security of tenure
Judges are independent from the executive
Judges are independent from case
Judicial Review

50
Q

Describe limiting the role of the chancellor

A

Chancellor no longer sits as judge
LC Used to be head of Judiciary, no longer the case
No longer very important in Judicial selection, now have Judicial Appointments Commission for senior judges which was created under the Constitutional Reform Act 2005 and LCJ is involved in appointing Inferior Judges

LC used to be legislative, executive and judicial, bad for SOP. Two roles of Secretary of State for Justice and Lord Chancellor merged now as Minister of Justice.

51
Q

Describe the creation of the Supreme Court

A

2009 - Judicial authority transferred from HL Appellate committee to SC under Constitutional Reform Act 2005

Important as old Law Lords were member of legislature

Old formerly HL Justices able to return to HL upon retirement. Newly appointed will not have a seat in HL.

52
Q

Describe Judges being immune from prosecution and suit.

A

Judges given immunity from prosecution. Eg wrongly putting someone in prison. Sirros v Moore 1975 applies

53
Q

What happened in Sirros v Moore 1975?

A

Turkish man appealed to Crown Court’s for mags recommendation for deportation CJ dismissed appeal, saw him try to leave court, called police to stop and detain him. Claimed for damages for assault and false imprisonment but jurisdiction was in good faith despite unlawful, causing the charges to fail.

54
Q

Describe Judges having security of tenure

A

Judges cannot be easily dismissed. Both houses need to petition to king, can make unpopular decisions with Politicians eg Rwanda bill

55
Q

Describe Judges being independent from the executive.

A

Superior Judges cannot be dismissed.

The Home Secretary no longer has power to say when life sentence ends.

Judicial salaries set by independent body not gov.

Must not be politically active such as being an MP or in HL.

Sometimes Judiciary appears to support Gov against individual such as in Mcllkenny v CC West Midlands 1980 and sometimes its opposite DPP v Hutchinson 1990

56
Q

What was the two cases where:

1) Denning dismissed police brutality against Birmingham 6 pub bombers n grounds of expense and investigation causing doubt on system.

2) Greenham Common women prosecuted for being on Min of Def land. HL said Min of Defence exceeded powers in wording a bylaw to prevent access to common land.

A

1) Mcllkenny v CC West Midlands 1980

2) DPP v Hutchinson 1990

57
Q

Describe Independence from case

A

Must not sit on a case if there is conflict of interest.

Must disqualify themselves if there is suspicion of bias or personal interest.

58
Q

What is the case where HL held that General pinochet could be extradited to Spain to stand trial but Hoffman had links to Amnesty International and sitting on trial where conflicts of interest happened?

A

R v Bow Street Mags ex parte Pinochet 1999

59
Q

Describe Judicial Review

A

Judges must be independent of gov so can rule against them if thinking their decision is unjust. eg R (Miller) V SS for exiting EU 2016

60
Q

What was the case where May announced her intention to give notice under Article 50 Treaty of European Union before end of march 2017, where Miller then challenged her power to do so without an Act of Parliament, and it was found that P had to approve.

A

R v SS for Exiting EU 2016

61
Q

What are the advs and disadvs of Judges?

A

Adv
Judges are legal experts: training throughout their career, experience (case-hardy) barrister/solicitor. More knowledgeable than Parliament…specialists. Make few mistakes.
Tenure – job security, can’t be sacked easily. Respects SOP – rule of law. Have to be able to make politically unpopular decisions without fearing for their job. Need to be able to go against Parliament. Brexit: Johnson tried to prorogue Parliament. ADD SPECIFIC STEPS TO SACK SUPERIOR/INFERIOR JUDGES. Link to the need for independence…Pincochet.
Set and make laws following important updates without waiting for Parliament. Judicial precedent. OAPA 1861: Judges updated legislation so say when a person knows they are HIV+, pass on, Biological GBH.
Immunity from suit: Judges can’t be prosecuted in criminal cases e.g wrongly put someone in prison. SIROS. IN a civil cases, can’t be sued for deformation of character.

Disadv
Judges are not representative, they are NOT diverse, most are old especially superior judges ( due to how much experience is needed)
2020 76% Judges over 50
2020 40% judges over 60
Men 32% judges women, only 26% superior judges were women, only one supreme court judge is female.
Most judges have been privately educated.
Tenure: hard to remove an incompetent superior judge: the process is long and expensive. Inferior judges who are incompetent can wrongly direct jury. I WOULD USE THIS AS YOUR WDP ADDING TO THE ADVANTAGE.
Undemocratic: they are not elected. Parliament is sovereign, surely only they should be making laws however through judicial precedent…judges can!

Law Paper 1 (22 decks)

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