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The judiciary Flashcards

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1
Q

What are the 4 inferior judges

A

1) circuit judges
2) recorders
3) district judge in the country court
4) district judge in the crown court

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2
Q

what are the 3 superior judges

A

1) the justices of the supreme court
2) the lord/lady justices of appeal in the court of appeal
3) high court judges who sit in the three divisions of the high court

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3
Q

In which court do circuit judges sit?

A

country and crown

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4
Q

What cases will Justices of the Supreme Court hear?

A

Cases of public importance

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5
Q

How many Justices of the Supreme Court usually hear a case?

A

5

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6
Q

How many inferior judges will usually hear a case?

A

1

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7
Q

What is the main role of the Lord Justices of Appeal

A

To hear criminal and civil appeals

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8
Q

How many Lord Justices of Appeal will usually hear a case?

A

3 to 5(rare)

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9
Q

How many High Court judges usually hear a case?

A

1

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10
Q

what is the district judges role in criminal cases- happens in the magistrates court

A
  • hear summary matters and some triable either way cases
  • hear evidence, decide verdict and pass sentence
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11
Q

what is the recorders and circuit judges role in criminal cases- happens in the crown court

A
  • hear some triable either way cases and all indictable cases
  • advice the jury on the law and pass sentence
  • hear appeals from magistrates court
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12
Q

what is the role of high court judges in criminal cases- happens in the high court

A

hear case stated appeals from magistrates court

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13
Q

what is the role of the lord/lady justices of appeal in criminal cases- happens in the court of appeal

A

hear criminal appeal (allow appeal, dismiss appeal or order a retrial)

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14
Q

what is the role of justices of the supreme court in criminal cases- happens in the supreme court

A

hear criminal appeals from all lower courts
the appeal concerns a point of law

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15
Q

what is the role of district judges, recorders and circuit judges in civil cases- happens in county court

A

decide liability and award the appropriate remedy

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16
Q

what is the role of high court judges in civil cases- happens in the high court

A

listen to the evidence.
decide the law.
decide as to liability.
decide the appropriate remedy.

17
Q

what is the role of the lord/lady justices of appeal in civil cases- happens in the court of appeal

A

hear civil appeals (allow appeal, dismiss appeal or order a retrial)

18
Q

what is the role of justices of the supreme court in civil cases- happens in the supreme court

A

hear civil appeals from all lower courts
the appeal concerns a point of law

19
Q

Who proposed the separation of powers theory?

A

Montesquieu

20
Q

what does the separation of powers ensure

A

that the people who make the laws are separate to the people who enforce them
the 3 arms of the legal system must be independent- the executive, legislature and the judiciary

21
Q

how is judicial independance achieved?

A
  • limiting the role of the Lord Chancellor in judicial selection
  • By the creation of the Judicial Appointments commission
  • the creation of the supreme court
  • allowing immunity from prosecution in certain circumstances
  • the fact that judicial salaries are set by an independent body
  • security of tenure
  • immunity from suit
  • independence from the other two arms of the state- executives and legislature
  • independence from the case
22
Q

what does the doctrine of separation of powers do?

A

provides checks and balances to ensure the judiciary is independent.

23
Q

what are advantages of judicial independence

A

independent from the legislative
independent from the government
independent from the executive
independent from the cases they try

24
Q

What is immunity from suit?

A

A policy that judges cannot be sued for things said/done in any case

25
Q

Which case demonstrates that the judge must have no relation/interest in the case?

A

Pinochet case (1988)
The case had to be thrown out because Lord Hoffmans was involved in the case so it was bias

26
Q

Why can diversity be seen as a weakness of the judiciary?

A

The judiciary is still dominated by elderly white upper class men.

27
Q

Why can diversity be seen as a strength of the judiciary?

A

Diversity has increased

28
Q

Why can judicial independence be seen as an advantage?

A

It allows judges to make decisions against the government without any pressure

29
Q

Why can judicial independence be seen as a disadvantage?

A

Judges are less accountable for their actions

Law (9 decks)

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