Legal Personnel - Judiciary

Question 1

What is a judges main role?

Answer 1

To make decisions in respect of disputes in a fair, unbiased way and applying the law and legal rules of England and Wales.

Question 2

Where are Superior Judges located and what are they called?

Answer 2

The different types of Superior Judges are:
1) Justices of the Supreme Court
2) Lord Justices of Appeal in the Court of Appeal
3) High court Judges

Question 3

What is the head of the judiciary called?

Answer 3

Lord Chief Justice.

Question 4

Name the different types of inferior judges and where they sit.

Answer 4

• Circuit judges (Crown and County court)
• Recorders (part time judges in Crown court usually)
• District judges 1 (small claims etc in County court)
• District judges 2 (Magistrates Courts)
• Tribunal judges

Question 5

What is the role of Justices of the Supreme Court?

Answer 5

• Hear around 100 cases annually
• Listen to appeals in civil or criminal cases
• All decisions made on a point of law become precedent for lower courts to follow
• Must sit as a panel of 3

Question 6

What is the role of Lord Justices of Appeal?

Answer 6

• Work with appeals in civil and criminal divisions
• Heavier workload than Supreme Court
• Must sit as a panel of 3
• Decisions made are binding on lower courts.

Question 7

What is the role of a High Court Judge?

Answer 7

• Sit alone and listen to evidence from witnesses
• Decide how to interpret the law and make a decision
• Decides how much damages the winning party should recieved.

Question 8

What is the role of Circuit Judges?

Answer 8

• Hear civil cases on their own
• Can also sit in criminal cases in Crown court with a jury (jury decides verdict and the Circuit Judge will pass the sentence)

Question 9

What is the role of District Judges?

Answer 9

• Sit in County Court to deal with small claims
• Can also deal with criminal cases in Magistrates Court and will sit on their own and decide the facts/law

Question 10

What is the role of Recorders?

Answer 10

• Part time judges who are appointed for 5 years
• Sit in civil cases in County Court +
• Sit in criminal cases in Magistrates court.

Question 11

Name some of the roles of judges in Civil Courts.

Answer 11

N

Question 12

Name some of the roles of judges in Criminal Courts.

Answer 12

…

Question 13

When must judges require and what act established this?

Answer 13

They must retire by the age of 70 as decided in the Judicial Pensions and Retirement Act (1993).

Question 14

Superior Judges have security of tenure, what does this mean?

Answer 14

Security of tenure means that Superior Judges cannot be removed by the Lord Chancellor or the Government.

Question 15

Who is able to remove Superior Judges and what act is this held in?

Answer 15

Only the monarch can remove Superior Judges following a petition presented by Parliament.
This is held in the Senior Courts Act 1981.

Question 16

Why is security of tenure important for Superior Judges?

Answer 16

It protects them from political whims.

Question 17

Do inferior judges have security of tenure?

Answer 17

No as the Lord Chancellor is able to remove them for incapacity or misbehavior.

Question 18

Who must the Lord Chancellor have permission from before he can remove an inferior Judge and where is this held?

Answer 18

The Lord Chancellor must have consent from the Lord Chief Justice which is held under the Constitutional Reform Act 2005.

Question 19

What is the hierarchy of the courts in civil matters?

Answer 19

1. County Court
2. High Court
3. Court of Appeal
4. Supreme Court

Question 20

What is the hierarchy of the courts in criminal proceedings?

Answer 20

1. Magistrates Court
2. Crown Court
3. Court of Appeal

Question 21

What is meant by separation of powers?

Answer 21

It is the idea that to safeguard the liberty of citizens, legal powers must be separate and not held by one person or body. This is why the judges act as a check and do not make laws/administer them.

Question 22

Why must there be judicial independence?

Answer 22

• To ensure justice and fair and impartial
• To protect citizens against unlawful Governmental actions
• Ensures that verdicts + decisions are only decided by evidence of facts and the law.

Question 23

Name influences judges must ignore.

Answer 23

• Parliament
• Media
• Their own opinions and beliefs

Question 24

Name ways in which independence of the judiciary is secured with a brief explanation.

Answer 24

• Security of tenure
• Immunity from suit (cannot be sued for decisions)
• Independence from the executive (are able to make decisions that upset the Government)
• Independence from the case (cannot try cases where they have an interest)
• Judicial review (able to challenge decisions of public authorities and government ministers)
• Human rights (able to hear cases against the government)

Question 25

What are the advantages of judicial independence?

Answer 25

1) Decisions are made on case fact and law which ensures fairness to the D
2) Judiciary can protect citizens from unlawful acts of the Government
3) Ensures the public have confidence in the judiciary as they know they are independent from the Government.

Question 26

Name 3 advantages of having a judiciary.

Answer 26

1) The gender and ethnic balance is improving.
2) Quicker and more efficient than lay people as they are legal professionals
3) Independent from the state and politicians so do not face any pressure to impress them.

Question 27

Name 2 disadvantages of having a judiciary.

Answer 27

1) Issues of inconsistency in sentencing.
2) Class + background are still an issue.