The Judiciary Flashcards
Role of judge on criminal cases
Judges are involved in pre trial matters such as bail decisions
They are responsible for ensuring that correct procedures are followed and that all matters of law are properly applied
Judges will advise the jury on the law, summarize the evidence, and clarify the jury’s role
Judges control how a case is conducted
Judges sentence convicted defendants and release those acquitted
Role of judge in civil cases
Judges actively manage civil cases, encouraging cooperation and settlement between parties
They promote the use of alternative dispute resolution
Judges may make judgments based on agreed facts or on evidence presented by the parties
They may cross examine witnesses to establish facts
Judges award damages, injunctions and costs in civil cases but don’t typically issue punishments
Importance of the judiciary
Fair, impartial and independent administration of justice. They are responsible for ensuring all citizens are treated with respect, dignity and receive fair trials
Judges indirectly create law through judicial precedent
The independence of the judiciary is paramount for upholding the rule of law. This ensures they can make decisions without undue influence
Judiciary hierarchy
Superior judges- hear appeals
Supreme Court
High Court
Court of appeal
Inferior judges
Circuit court judges
Crown court judges
County court
Magistrates court
5 ways by which judges can leave office
Dismissal
Suspension from office
Resignation
Retirement
Removal due to infirmity
Separation of powers
A system of governance where power is divided among different branches of government to prevent abuse
Rule of law
The principle that all people and institutions are subject to and accountable to the law, which is fairly applied and enforced
Judicial review
the process by which the judiciary can review decisions of other branches of government and administrative bodies
Human rights act
Legislation in the uk that incorporates the European convention on human rights into domestic law
Alternative Dispute Resolution
Methods of resolving disputes outside of traditional court proceedings, such as mediation or arbitration
Lord chief justice
The head of the judiciary in England and Wales
Supreme Court
The highest court in the uk, which hears appeals on points of law of public importance
Court of appeal
An appellate court that hears appeals from lower courts
Circuit judge
Judges who sit in the Crown Court and County Courts, typically handling more complex cases than Recirders
Recorder
Part time judges who may sit in both the Crown and County courts, usually handling less complex matters
District judge
Judges who sit in Magistrate Court, some also sit in county courts
Judicial appointments commission (JAC)
the constitutional reform act 2005 introduced the JAC an independent commission tasked with the job of appointing new judges to the judiciary
Interviewing, vetting and selecting potential candidates for recommendation to the Lord Chancellor
Judiciary
The collective body of judges within a legal system
