Legal Systems: Judiciary Flashcards

1
Q

What is the order of hierarchy of the judiciary?

A
  1. Lord Chief Justice
  2. Master of the Rolls
  3. Justices of the Supreme Court
  4. President of the KBD (High Court), President of the Family Division (High Court), Chancellor of the High Court (Chancery Division)
  5. Lord Justices of Appeal
  6. High Court Judges
  7. Circuit Judges and Recorders
  8. District Judges (inc. MC)
  9. Magistrates
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2
Q

What is the Lord Chief Justice

A

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.

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3
Q

Who is the master of the rolls?

A

Head of Civil Justice

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4
Q

Where do Circuit Judges and Recorders usually sit?

A

County Court, Family Court or Crown Court centres of a particular circuit.

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5
Q

Where do District judges sit?

A

County Court
Family Court
Complex cases Magistrates’ courts

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6
Q

What is the Judicial Appointments Commission?

A

an independent body that selects
candidates for judicial office

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7
Q

Who is the Lord Chancellor?

A

Secretary of State for Justice (a politician)
has a dialogue with the Lord Chief Justice

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8
Q

What is another name for magistrates

A

Justices of the peace (JPs)

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9
Q

What are there 6 essential qualities for magistrates?

A
  1. good character
  2. understanding and communication
  3. social awareness
  4. maturity and sound temperament
  5. sound judgment
  6. commitment and reliability
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10
Q

Who are legal advisers in the magistrates court and what is their role?

A

Qualified lawyers advising magistrates on interpretation of the law NOT if to find a D innocent/guilty

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11
Q

What are magistrates sentencing powers

A

Max 6mo for single offence
max 12 mo total
unlimited fine

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12
Q

What is the qualification needed to be a district judge?

A

5y appropriate professional legal experience
Will typically have served as a deputy district judge for at least 30 days

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13
Q

What is a recorder?

A

most junior level of circuit judge

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14
Q

Who is the most junior member of the judiciary in the civil system?

A

District judges

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15
Q

What tasks are done by district judges?

A

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

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16
Q

What is a master?

A

The name for a district judge in the Royal Courts of Justice

17
Q

What is the most senior county court judge

A

circuit judge

18
Q

Who are County court judges assisted by?

A

Fee paid judges and the more senior district judges

19
Q

What is the primary role of county court judges

A

preside over trials

20
Q

Who are the personnel of the High Court?

A

Five Heads of Division (including Lord Chief Justice)
Senior presiding judge
Vice-president of KB

21
Q

Who are the personal of the CoA (Civ Division)

A

Lord and Lady Justices of Appeal
Five Heads of Division
High Court judges from time to time

22
Q

What does ‘senior judiciary’ refer to?

A

Supreme Court Justices and Chief Justices of the Court of Appeal

23
Q

Other names for Supreme Court justices?

A

Lords of Appeal in Ordinary
Law Lords

24
Q

Requirements to be appointed judge of the Supreme Court

A

Must have held high judicial office for a period of at least two years,
having been a qualifying practitioner for a period of at least 15 years
Recommendations for office should come from the Prime Minister.
Selection process by a commission including at least one person who is not legally qualified

25
Q

Who are arbitrators

A

traditionally they are business
people rather than lawyers

26
Q

Who are mediators?

A

People with experience in the commercial world

27
Q

Who are tribunal members?

A

either legally qualified tribunal judges or specialist non- legal members who
have experience and expertise from the field of the tribunal subject matter.

28
Q

Who deals with disciplinary matters

A

Lord Chief Justice, the Lord Chancellor, and the Judicial Conduct Investigations Office (JCIO)

29
Q

What political figures have a role in the law?

A

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