Sys 11.1 The courts Flashcards
Private law
Duties owed to citizens or by individuals
Public law
Duties owed to the state or by the state
Ie health and safety in the workplace
Key changes to the judiciary was introduced through
The Constitutional Reform Act 2005
What changed were introduced by the Constitutional Reform Act 2005
Separation of powers between the executive legislature and judiciary
Independence of the juridcary
Lord Chancellor must (under the Con Reform Act 2005)
Uphold the independence of the judiciary
Judges are selected on
Merit by the judicial appointment commission
Before they were selected by the Lord Chancellor
Legal Services Act 2007 changed for solicitors to
Rights of audience in court
Previously only barristers could appear in court
Part 3 of the legal services act
Lists reserved legal activities and who can do them
Qualification based on
Exempt persons
Permitted under the legal services act 2007 to exercise rights of audience
Ratio decidendi
Rationale of the decision forms the binding precedent
Obiter dicta
Other things said factors that dont form the judgement but are said by the judge. Persuasive but not binding. Can be referred to by the judge
Higher courts such as the CoA and High Court are
Bound by their own decisions
The Practice Statement 1966
Hol will depart from a decision when it appeared right to do so (usually decisions were binding)
Right of audience is
Right to appear and conduct proceedings in the court
Right of audience is
Right to appear and conduct proceedings in the court
