Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

OCR As Law > the judiciary > Flashcards

the judiciary Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Judges function…

A

they adjudicate on disputes in a fair, unbiased way, applying the legal rules of the country.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Superior judges include…

A
  • Supreme Court Justices
  • Lord Justices of Appeal
  • High Court judges.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Inferior judges include…

A
  • circuit judges
  • recorders
  • district judges
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

SUPERIOR JUDGES sit in…

A

Supreme Court - Supreme Court Justices

Court of Appeal - Lord Justices of Appeal

High Court - High court judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

INFERIOR JUDGES sit in…

A

Crown Court - circuit judges or recorders
County Court - circuit judges or district judges
Magistrates court - district judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

QUALIFICATIONS OF JUDGES:
- Supreme Court Justices

A

They are appointed from those that have held high judicial office eg in the Court of Appeal or from those who have been qualified to appear in the Senior courts for at least 15 years.

The Constitutional Reform Act 2005 provides that there must be 12 Justices & they are the most senior judges in the land.

They listen to appeals involving complex questions of Law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

QUALIFICATIONS OF JUDGES
Lord Justices of Appeal:

A

They must have been qualified as a barrister or solicitor & have gained experence n Law or at least 7 years or been a High Court judge.

They sit in EITHER the civil division or the criminal division of the Court where they listen to appeals.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

QUALIFICATIONS OF JUDGES
High Court judges:

A

You must be a qualified barrister or solicitor & have gained experience in law for at least 7 years or been a circuit judge for at least 2 years.

  • The vast majority of High Court judges are from barristers who have been in practice for 20-30 years.
    Deputy High Court judges sit part time.
    High Court judges are assigned to one of the 3 divisions: QBD, Chancery or Family.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

QUALIFICATIONS OF JUDGES
Circuit judges:

A

A solicitor or barrister must have had rights of audience for at least 10 years.
- They should also have served either part time as a Recorder in criminal cases or full time as a District judge in civil cases before they are appointed.
- They do both civil & criminal work.
- In the County Court they listen to Contract/Tort cases & in crime they listen to more serious cases & sentence offenders.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

QUALIFICATIONS OF JUDGES
District Judges:

A

This has to be a barrister or solicitor who has gained experience in law for at least 5 years or been a Deputy District judge.

  • They listen to civil & criminal cases.
  • In the County Court this could be small claims & in the Magistrates court they sit alone to decide summary cases & they hear triable either way & sentence guilty offenders.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Supreme Court =

A
  • about 70 cases a year.
  • Civil AND criminal appeals are heard. It is the highest court in land.
  • The case has to involve a point of law of general public importance.
  • Sit as uneven number.
  • Set precedents that must be followed.
  • The judges write judgments on the case.
  • They may review cases in relation to human rights. - Their decisions set precedents.
  • They don’t hear evidence from witnesses. It’s all just about legal arguments.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Court of Appeal =

A
  • 2 divisions (civil & criminal).
  • They are busier than Supreme Court.
  • Approx 5,000 cases reach them each year.
  • Cases can be about liability or damages in civil cases.
  • In crime they can quash convictions, order re trials, examine new evidence, change sentences.
    -They too set precedents & write judgments.
  • Like SC, they don’t hear witness evidence.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

High Court judges role

A

can be in BOTH a court of first instance AND an appeal Court.
- They listen to civil cases, witnesses, claimants, decide the case & damages for the winner.

  • They SOMETIMES/RARELY sit with a jury but in these cases they would guide a jury.
  • As an appeal court the QBD is an example as they CAN sit to hear SUMMARY appeals from the magistrates court ON A POINT OF LAW.
  • Sometimes a high court judge CAN sit in the Crown Court to listen to indictable cases eg murder WITH a jury. So, they will guide the jury & give out a sentence. They case manage cases.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Circuit judges role

A
  • County Court to hear civil cases.
  • They listen to the case & the claimant & witnesses & decide the cases & set damages.
  • Sometimes they have a jury (rare).
  • They decide who has won the case.
  • They CAN sit in the Crown Court for indictable cases.
    -They case manage cases and set timetables to make sure parties are ready for the trial.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Recorder judges role

A
  • part time judges.
  • Mostly decide criminal cases in Crown Court i.e guide the jury, listen to evidence & decide sentence if guilty verdict is returned.
  • They case manage cases.
  • They are appointed for 5 year periods.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Judges MUST be IMPARTIAL meaning…

A

they must be fair/unbiased.
- They must not have an interest in a case they are hearing.

17
Q

whys judicial independence important?

A

An independent judiciary is seen as important in protecting the liberty of the individual from abuse of power by the executive.

18
Q

Security of tenure.

A
  • Superior judges CANNOT be dismissed by the Lord Chancellor or the Gov.
    They can only be removed by the King following a petition presented to her by both Houses of Parliament.
  • Inferior judges DO NOT have the same security of tenure. They can be removed for misbehaviour eg a criminal conviction.
19
Q

Immunity from suit:

A

They are given immunity from prosecution for any acts they carry out in performance of their judicial function.
- They also have immunity from being sued in a civil case for actions taken or decisions made in the course of their judicial duties.
- They cannot be sued for things they say about parties or witnesses in the course of hearing cases.

-This is so they are not fearful of repercussions.

20
Q

independence from the executive

A
  • They cannot be dismissed by the Gov which means that they can make decisions that are unpopular with the Government & not fear getting dismissed.
  • Lord Chancellor CANNOT influence judicial decisions.

EG- GINA MILLER BREXIT HEARING

21
Q

independence from the legislature

A
  • Judges are independent from legislature (law).
  • They are not involved in making law & are not MP’s the exception being a recorder.
  • Generally speaking judges avoid making political comments but in the past they have been known to speak out about sentencing.
  • Supreme Court judges CANNOT be members of the House of Lords (debating chamber for Law).
22
Q

Judicial review & independence

A
  • This is where a minister’s actions can be challenged.
  • There have been several challenges that Courts have upheld. This could be because the minister has acted beyond his powers or he did not follow the correct procedure.
  • Judges have also found AGAINST the Gov concerning Human rights on occasion.
23
Q

Independence from the case

A

Judges must not try cases where they have any interest in the issue involved.
- Judges must be totally unbiased.

24
Q

what does the theory of the separation of powers state?

A
  • The theory states that there are 3 primary functions of the state & that the only way to safeguard the liberty of citizens is by keeping all 3 functions separate.
  • Each can act as a check on the other & thus limit the amount of power wielded by any one group.
25
Q

Montesquieu identified 3 arms of the state, these are… (separation of powers)

A

• The legislature
• The executive
• The Judiciary

26
Q

The legislature -

A

this is the Law making arm of the state & our Parliament

27
Q

The executive -

A

this is the body administering the law. This is the Government of the day

28
Q

The Judiciary -

A

judges applying the Law

29
Q

EVALUATION OF JUDICIARY A03
AGE -

A

in 2020, 76% of all court judges were over the age of 50 & 40% over the age of 60.
- It is unusual for any judge to be appointed under the age of 40 with superior judges being well above this age.

30
Q

EVALUATION OF JUDICIARY A03
WOMEN -

A

In 2020, 32% of all court judges were women & 26% of superior judges were women.
The increasing number of women judges is partly due to open & competitive method of selection but also because there are more female solicitors & barristers providing a larger pool of potential applicants.

31
Q

EVALUATION OF JUDICIARY A03
BAME representation -

A

There has also been an increase over the past 20 years in the number of judges from a BAME background. In 2020, 8% of all court judges were from a BAME background. The system of selection of judges (Judicial Appointments Commission) has led to improved DIVERSITY in the judiciary.

OCR As Law (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions