Personnel

Question 1

Structure of people

Answer 1

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

Question 2

Lord Chief Justice

Answer 2

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

Question 3

Which courts can LCJ sit in

Answer 3

C of A, HC, CC, CC and MC

Question 4

President of the SC

Answer 4

Can make rules and PDs

Allocates justices who sit on each case

Question 5

Master of the rolls

Answer 5

Maintains records of chancery court

Question 6

Presidents of QBD, Fam and chancellor of HC

Answer 6

Oversee management of each division

Question 7

Superior judges

Answer 7

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

Question 8

Who appoints judges

Answer 8

Appointed by queen on recommendation of lord chancellor

Question 9

Inferior judges

Answer 9

District judges
Recorders
Circuit judges

Jurisdiction limited by statute

Question 10

Qualifications of district judge

Which courts

Answer 10

MC, youth, family, County court

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

Question 11

Period of appointmen of recorder

Which courts

Answer 11

CC and CC

30 days a year for 5 years

Question 12

Qualifications for circuit judge

Which courts

Answer 12

CC and CC

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

Question 13

Perverse decision

Answer 13

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

Question 14

How to remove a circuit or district judge

Answer 14

LC may remove for misbehaviour or incapacity when LCJ agrees

Question 15

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

Answer 15

Petition of both houses to queen

Question 16

Retirement age for judges

Answer 16

70

Question 17

Law officers of the crown

Answer 17

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

Question 18

What types of law can legal executives practice

Answer 18

Civil law only

Question 19

Can barristers accept work or fees

Answer 19

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

Question 20

Can a lay client sue a barrister

Answer 20

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

Question 21

Can rank rule

Answer 21

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

Question 22

Does cab rank rule apply to private or publicly funded instructions

Answer 22

Both

Question 23

Exceptions to cab rank rule

Answer 23

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

Question 24

How can a lay magistrate be removed

Answer 24

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

Question 25

What cases have a jury

Answer 25

``` Criminal Coroners Fraud Malicious prosecution Defamation False imprisonment ```

Question 26

Who can challenge a juror

Answer 26

Defence and prosecution

Question 27

What are the two types of challenges of a juror

Answer 27

Challenge for cause - suspicion of bias (p and d) | Stand-by - unsuitable eg previous crimes (p only)

Question 28

Challenge to array

Answer 28

Challenge whole jury

Question 29

Can you challenge a jury to create racial balance

Answer 29

No

Question 30

When can you be excused from jury duty

Answer 30

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

Question 31

How many members of a jury can be discharged

Answer 31

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

Question 32

When can the whole jury be discharged

Answer 32

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

Question 33

Offence of jurors

Answer 33

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

Question 34

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

Answer 34

No

Question 35

what other role does the lord chancellor have

Answer 35

S of S for justice and responsible for MoJ

Question 36

what other role does the LCJ have

Answer 36

judge

Question 37

who recruits magistrates

Answer 37

advisory committee

Question 38

which judges sit in the crown court

Answer 38

high court judges, circuit judges and recorders

Question 39

qualifications needed to be a district judge

Answer 39

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

Question 40

where do district judges sit

Answer 40

district registries

Question 41

who are the lord of appeal in ordinary

Answer 41

supreme court judges

Question 42

meaning of puisne

Answer 42

ordinary high court judge

Question 43

where is the central criminal court

Answer 43

crown court at old bailey

Question 44

which judges are attached to a region

Answer 44

circuit judges

Question 45

can jurors get payment

Answer 45

they can get money for traveling, subsistence and financial loss

Question 46

what mustn't jurors do

Answer 46

give reasons, reveal their ponderings be influenced by external info

Question 47

Who disciplines judges

Answer 47

LC, LCJ and judicial conduct investigations office

Question 48

who sits on tribunals

Answer 48

judges or non-legal specialists in that area

Question 49

which judges sit at county court

Answer 49

circuit judges, fee paid judges, district judges

Question 50

5 heads of division of the high court

Answer 50

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

Question 51

who is the Att-Gen

Answer 51

Chief law officer to gov

Question 52

what does the att-Gen do

Answer 52

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

Question 53

who is the solicitor general

Answer 53

deupty att-gen