Organisation of the UK Judiciary Flashcards
What does the term ‘judiciary’ refer to?
it is a collective noun referring to all UK judges from lay magistrates up to to the Justices of the UKSC
What is the job of Judges at all levels?
to ensure that justice is done and the law is applied
At the lower levels of the judiciary, what are the 3 main roles of judges?
to preside over trials, give guidance to the jury and impose sentences
At the Court of Appeal and in the Supreme Court, what are judges concerned with?
concerned with clarifying the meaning of the law rather than just applying it and set precedent
What are cases heard by the Court of Appeal and Supreme Court usually a result from?
result from confusion in lower courts regarding the meaning of law
What Act do the higher courts usually hear major cases on?
HRA 1998
What is civil law concerned with?
Civil law is concerned with interrelationships between different individuals and groups
Which 3 courts deal with civil cases?
1) County Courts
2) High Court
3) Court of appeal
What civil cases do the County Courts deal with? (3)
They deal with small-scale civil cases such as
- disputes over contracts
- wills
- many divorce cases
What are the 3 divisions of the High Court?
- Queens Bench Division
- Family Division
- Chancery Division
What does criminal law deal with?
This deals with crimes by an individual or group against the state
What are the 3 courts with deal with criminal cases?
1) Magistrates’ Courts
2) Crown Courts
3) Court of Appeal
What percentage of criminal cases does the Magistrates Court hear?
97%
How many Lords of Appeal were there in the Appellate Committee of the House of Lords before October 2009 (UKSC)?
12
Who did the 12 Lords of Appeal perform a similar role to ?
US Supreme Court Justices
How many Law Lords who compromised the HOL Appellate Committee moved to become the first justices of the new UKSC?
11 of the 12
Who was the 12th Law Lord which accepted the position of Master of the Rolls in preference to joining the UKSC?
Lord Neuberger of Abbotsbury
Who filled the 12th place on the new UKSC?
Sir John Dyson
What were the 4 roles that the new UKSC took on which were previously performed by the Law Lords?
- act as the final court of appeal in England, Wales and Northern Ireland
- hear appeals on issues of public importance surrounding arguable points of law
- hear appeals from civil cases in England, Wales, Northern Ireland and Scotland
- hear appeals from criminal cases in England, Wales and Northern Ireland
Which role did the new UKSC take on previously preformed by the Judicial Committee of the Privy Council?
resolving disputes between the devolved governments of Northern Ireland, Scotland and Wales and the UK Parliament
What body previously resolved the disputes between the devolved governments of Northern Ireland, Scotland, Wales and the UK Parliament before taken by the new UKSC?
the Judicial Committee of the Privy Council
What was a main benefit of the new UKSC?
a separation of powers