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English Legal System > Personnel > Flashcards

Personnel Flashcards

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Proverbs and Idioms flashcards
1
Q

Structure of people

A

LCJ
PSC and master of the rolls
President of QBD, president of family and chancellor of HC

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2
Q

Lord Chief Justice

A

President of courts of England and Wales
Head of judiciary
Head of criminal justice so head of QBD

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3
Q

Which courts can LCJ sit in

A

C of A, HC, CC, CC and MC

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4
Q

President of the SC

A

Can make rules and PDs

Allocates justices who sit on each case

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5
Q

Master of the rolls

A

Maintains records of chancery court

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6
Q

Presidents of QBD, Fam and chancellor of HC

A

Oversee management of each division

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7
Q

Superior judges

A

SC, C of A, HC and crown court (puisne judges for HC and CC)

Unlimited jurisdiction- not limited by statute. Can use their jurisdiction in any way they see fit just don’t contradict rule of law or statutory provisions

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8
Q

Who appoints judges

A

Appointed by queen on recommendation of lord chancellor

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9
Q

Inferior judges

A

District judges
Recorders
Circuit judges

Jurisdiction limited by statute

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10
Q

Qualifications of district judge

Which courts

A

MC, youth, family, County court

Solicitor or barrister for 5 years and sat as deputy district judge for 2 years

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11
Q

Period of appointmen of recorder

Which courts

A

CC and CC

30 days a year for 5 years

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12
Q

Qualifications for circuit judge

Which courts

A

CC and CC

Right of audience for 10 years and previously recorder or district judge

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13
Q

Perverse decision

A

When jury agree but not based on law or facts presented to them
They think the law shouldn’t apply

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14
Q

How to remove a circuit or district judge

A

LC may remove for misbehaviour or incapacity when LCJ agrees

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15
Q

How can SC, C of A or HC judge be removed

A

Petition of both houses to queen

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16
Q

Retirement age for judges

A

70

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17
Q

Law officers of the crown

A

Chief legal adviser to the crown
Advise central and Local gov
Must be an MP

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18
Q

What types of law can legal executives practice

A

Civil law only

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19
Q

Can barristers accept work or fees

A

Barristers cannot negotiate fees or accept fees from instructing solicitors. All business must be conducted through clerk

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20
Q

Can a lay client sue a barrister

A

No contract between lay client and barrister so not on contractual principles
Can sue on negligence instead

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21
Q

Can rank rule

A

Barrister must accept any case where the instructions are appropriate taking into account the experience, seniority and field of practice

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22
Q

Does cab rank rule apply to private or publicly funded instructions

A

Both

23
Q

Exceptions to cab rank rule

A

Lacks sufficient experience or competence
Outside field of practice
Other commitments mean cannot do it or properly prepare

24
Q

How can a lay magistrate be removed

A 
By LCJ for 
Misbehaviour 
Incapacity 
Failing to take a proper party 
Persistently failing to meeting competence standards
25
Q

What cases have a jury

A 
Criminal 
Coroners 
Fraud 
Malicious prosecution 
Defamation 
False imprisonment
26
Q

Who can challenge a juror

A

Defence and prosecution

27
Q

What are the two types of challenges of a juror

A

Challenge for cause - suspicion of bias (p and d)

Stand-by - unsuitable eg previous crimes (p only)

28
Q

Challenge to array

A

Challenge whole jury

29
Q

Can you challenge a jury to create racial balance

A

No

30
Q

When can you be excused from jury duty

A

Good reason
Criminal convictions - risk to security or improper influence
Done it in past 2 years
Excused by another court for a period that hasn’t expired yet

31
Q

How many members of a jury can be discharged

A

Up to 3

If more than 3, the trial must be abandoned and a new trial ordered

32
Q

When can the whole jury be discharged

A

They cannot agree on a verdict

They have heard inadmissible or prejudicial evidence (prejudicial to D)

A juror has been discharged and there’s a risk they contaminated the rest

33
Q

Offence of jurors

A

Researching the case
Disclosing information to another juror obtained through research
Behaving in a way to show they intend to try the issue otherwise than on the evidence presented in the proceedings in issue
Intentionally disclosing info about statements made during deliberations in proceedings before court or to solicit or obtain such info

34
Q

Can you do anything if a jury make a decision by flipping a coin

A

No

35
Q

what other role does the lord chancellor have

A

S of S for justice and responsible for MoJ

36
Q

what other role does the LCJ have

A

judge

37
Q

who recruits magistrates

A

advisory committee

38
Q

which judges sit in the crown court

A

high court judges, circuit judges and recorders

39
Q

qualifications needed to be a district judge

A

5 years rights of audience and 30 days as deputy district judge

40
Q

where do district judges sit

A

district registries

41
Q

who are the lord of appeal in ordinary

A

supreme court judges

42
Q

meaning of puisne

A

ordinary high court judge

43
Q

where is the central criminal court

A

crown court at old bailey

44
Q

which judges are attached to a region

A

circuit judges

45
Q

can jurors get payment

A

they can get money for traveling, subsistence and financial loss

46
Q

what mustn’t jurors do

A

give reasons,
reveal their ponderings
be influenced by external info

47
Q

Who disciplines judges

A

LC, LCJ and judicial conduct investigations office

48
Q

who sits on tribunals

A

judges or non-legal specialists in that area

49
Q

which judges sit at county court

A

circuit judges, fee paid judges, district judges

50
Q

5 heads of division of the high court

A

LCJ, president of QBD, president of family division, chancellor of high court, master of rolls

51
Q

who is the Att-Gen

A

Chief law officer to gov

52
Q

what does the att-Gen do

A

responsible for CPS, serious fraud office and gov legal dept.
can examine cases of contempt of court, request the court of appeal to review unduly lenient sentences and deal with vexatious litigants

53
Q

who is the solicitor general

A

deupty att-gen

English Legal System (5 decks)

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