Legal System: Judiciary Flashcards
What is the order of hierarchy of the judiciary?
- Lord Chief Justice
- Master of the Rolls
- Justices of the Supreme Court
- President of the KBD (High Court), President of the Family Division (High Court), Chancellor of the High Court (Chancery Division)
- Lord Justices of Appeal
- High Court Judges
- Circuit Judges and Recorders
- District Judges (inc. MC)
- Magistrates
What is the Lord Chief Justice
The head of the judiciary (prev held by Lord Chancellor) and the senior judge in England and Wales.
President of all the courts, but also Head of Criminal Justice.
Who is the master of the rolls?
Head of Civil Justice
Where do Circuit Judges and Recorders usually sit?
County Court
Family Court
Crown Court
Where do District judges sit?
- County Court
- Family Court
- Complex cases Magistrates’ courts
What is the Judicial Appointments Commission?
an independent body that selects
candidates for judicial office
Who is the Lord Chancellor?
Secretary of State for Justice (a politician)
has a dialogue with the Lord Chief Justice
What is another name for magistrates
Justices of the peace (JPs)
What are there 6 essential qualities for magistrates?
- good character
- understanding and communication
- social awareness
- maturity and sound temperament
- sound judgment
- commitment and reliability
Who are legal advisers in the magistrates court and what is their role?
Qualified lawyers advising magistrates on interpretation of the law NOT if to find a D innocent/guilty
What are magistrates sentencing powers
- Max 6mo for single offence
- Max 12 mo total
- Unlimited fine
What is the qualification needed to be a district judge?
5y appropriate professional legal experience
Will typically have served as a deputy district judge for at least 30 days
What is a recorder?
most junior level of circuit judge
Who is the most junior member of the judiciary in the civil system?
District judges
What tasks are done by district judges?
- CMC
- Pre trial reviews
- Interim applications
- Training
- Reading court papers in preparation for applications and hearings
- Considering cost implications of litigation
- occasional emergency apps involving children, or seizure of property by bailiffs
What is a master?
The name for a district judge in the Royal Courts of Justice
What is the most senior county court judge
circuit judge
Who are County court judges assisted by?
Fee paid judges and the more senior district judges
What is the primary role of county court judges
preside over trials
Who are the personnel of the High Court?
- Five Heads of Division (including Lord Chief Justice)
- Senior presiding judge
- Vice-president of KB
Who are the personal of the CoA (Civ Division)
- Lord and Lady Justices of Appeal
- Five Heads of Division
- High Court judges from time to time
What does ‘senior judiciary’ refer to?
Supreme Court Justices and Chief Justices of the Court of Appeal
Other names for Supreme Court justices?
- Lords of Appeal in Ordinary
- Law Lords
Requirements to be appointed judge of the Supreme Court
- Held high judicial office for at least2y
- Been a qualifyed practitioner for at least 15 years
- Recommendations for office came from Prime Minister.
- Selection process by a commission including at least one person who is not legally qualified
Who are arbitrators
Traditionally business
people rather than lawyers
Who are mediators?
People with experience in the commercial world
Who are tribunal members?
Leither legally qualified tribunal judges OR specialist non- legal members who have experience and expertise from the field of the tribunal subject matter.
Who deals with disciplinary matters
Lord Chief Justice, the Lord Chancellor, and the Judicial Conduct Investigations Office (JCIO)
What political figures have a role in the law?
- Secretary of State for Justice: cabinet member who runs the MoJ, doesn’t have to have a legal background
- Attorney General: chief law officer to the Government, responsible for CPS, Serious Fraud Office, GDL
- Solicitor General: Attorney General’s deputy
What are all judges subject to?
Guide to Judicial Conduct
What is the Attorney Generals role?
Political appointment
Role: assist gov as a whole, which includes answering questions in Parliament and getting clarifications on the law from the Court of Appeal.
