Legal Personnel: Week 5 Flashcards
What is the role of the Judiciary in the English Legal System?
The Judiciary interprets and applies the law, ensures justice is served, and resolves disputes in both civil and criminal cases. Judges are independent from the government and Parliament.
What was the role of the Lord Chancellor before the Constitutional Reform Act 2005?
The Lord Chancellor was a senior government minister who held judicial, legislative, and executive powers, overseeing the courts and judiciary while also serving as a member of the Cabinet.
What is the role of the Lord Chancellor after the Constitutional Reform Act 2005?
The Lord Chancellor’s role was significantly altered by the Constitutional Reform Act, which separated the judicial and executive functions. The Lord Chancellor is now mainly a government minister, responsible for the justice system, but no longer holds judicial office.
What is the role of the Lord Chief Justice?
The Lord Chief Justice is the head of the judiciary in England and Wales, responsible for representing the judiciary in Parliament, overseeing the judicial system, and ensuring the effective administration of justice.
What is the role of a jury in the legal system?
A jury is a group of citizens selected to determine the facts of a case in a trial. In criminal cases, they decide on the guilt or innocence of the defendant; in civil cases, they may determine liability or damages.
In what cases are juries used in the UK?
Juries are used primarily in criminal trials for serious offenses (e.g., murder, robbery) and in some civil cases, such as defamation or fraud.
What is the role of a barrister?
A barrister is a lawyer who specializes in representing clients in court, providing legal advice, and arguing cases in front of a judge. They typically work in advocacy and have the right to appear in higher courts.
What is the role of a solicitor?
A solicitor provides legal advice, prepares legal documents, and represents clients in lower courts. They often act as the first point of contact for clients and can refer cases to barristers for specialized advocacy.
What was the impact of the Constitutional Reform Act 2005 on the Lord Chancellor’s role?
The Act significantly reduced the Lord Chancellor’s judicial powers and removed the dual role of holding a political office and a judicial one. The Lord Chancellor now focuses on the administration of justice and is not involved in judicial decision-making.
How did the Constitutional Reform Act 2005 affect judicial independence?
The Act strengthened judicial independence by creating the Judicial Appointments Commission, separating the judiciary from the executive branch, and transferring the responsibility for judicial appointments to an independent body.
What changes did the Constitutional Reform Act 2005 make to the judiciary’s structure?
The Act created the Supreme Court of the United Kingdom, ending the House of Lords’ role as the highest court of appeal and making the judiciary more independent from Parliament and government.
