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SQE 1 > Legal Systems: Judiciary > Flashcards

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
Crown Court

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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 the Attorney Generals role?

A

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.

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9
Q

What is another name for magistrates

A

Justices of the peace (JPs)

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10
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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11
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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12
Q

What are magistrates sentencing powers

A
  • Max 6mo for single offence
  • Max 12 mo total
  • Unlimited fine
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13
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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14
Q

What is a recorder?

A

most junior level of circuit judge

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15
Q

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

A

District judges

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16
Q

What tasks are done by district judges?

A
  • 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
17
Q

What is a master?

A

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

18
Q

What is the most senior county court judge

A

circuit judge

19
Q

Who are County court judges assisted by?

A

Fee paid judges and the more senior district judges

20
Q

What is the primary role of county court judges

A

preside over trials

21
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
22
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
23
Q

What does ‘senior judiciary’ refer to?

A

Supreme Court Justices and Chief Justices of the Court of Appeal

24
Q

Other names for Supreme Court justices?

A
  • Lords of Appeal in Ordinary
  • Law Lords
25
Q

Requirements to be appointed judge of the Supreme Court

A
  • 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
26
Q

Who are arbitrators

A

Traditionally business
people rather than lawyers

27
Q

Who are mediators?

A

People with experience in the commercial world

28
Q

Who are tribunal members?

A

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

29
Q

What are all judges subject to?

A

Guide to Judicial Conduct

30
Q

Who deals with disciplinary matters

A

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

31
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

SQE 1 (46 decks)

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