Legal Systems: 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 or Crown Court centres of a particular circuit.
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
hearing interim applications
undergoing 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