Session 15, the judiciary Flashcards
1
Q
What is a judiciary?
A
- group of judges
- two divisions
1) superior judges
2) inferior judges
2
Q
Key facts about superior judges
A
- those in Supreme Court, Court of Appeal and High court
- head of judiciary is called lord chief justice
3
Q
Key facts about inferior judges
A
- circuit judges in crown & county court
- recorders (part time judges) in crown court
- district judges who he’s small claims in county court
- district judge in magistrates
- tribunal judges
4
Q
What qualifications are needed to be in the judiciary?
A
- based on legal qualification and relevant expertise for number of years
- Courts and legal services act 1990
- amended by tribunals Court and enforcement act 2007
5
Q
How does the selection work?
A
- originally selected by Lord Chancellor up until 2005
- changed in Constitutional reform act 2005
- The Commissions advertise vacancies, conduct interviews and recommend to chancellor
6
Q
How does appointment work?
A
- monarch appoints candidate once selected
- keeping it separate from government
7
Q
What is the hierarchy of judges?
A
1) Justice of the Supreme Court
2) Lord justice of Appeal
3) High courts
4) Circuit judge
5) recorders
8
Q
What is the role of judges in the appellate court?
A
Hear appeal of court below
9
Q
What is the role of judges in civil court?
A
Decides facts an law with appropriate remedy
10
Q
What is the role of judges in criminal courts?
A
- crown: sit with jury & decide facts and verdict
- magistrates: decide sentence when defendant is guilty
11
Q
How are judges independent?
A
- security: cannot easily be removed from position
- immunity of judges from suits: aren’t liable if decisions are later found incorrect
- independence from legislature: free from government
12
Q
Why are judges independent?
A
So they can make decisions without fear of reprocussions
13
Q
What are advantages of judicial independence?
A
- ensures fairness
- protects citizens from unlawful acts of government
- promotes public confidence
