the judiciary Flashcards

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1
Q

what is judiciary

A

when speaking of judges as a group , we refer to them as a judiciary

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2
Q

what are the types of judges

A

superior judges

inferior judges

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3
Q

which are the superior judges

A

the justice of supreme court
the lord justice of appeal in the court of appeal
high court judges

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4
Q

what are the inferior judges

A

circuit judges who sits in both the crown court and the county court
recorders who are part-timers who usually sit in the crown court
district judges who hears small claims and other matters in county court
district judges who sit in the magistrates’ court
tribunal judges

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5
Q

where are set out the qualification for the different judicial post

A

in the court and and enforcement act 2007

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6
Q

by whom is done the selection of superior judges

A

by lord chancellor

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7
Q

what changed the system of selection of superior judges

A

the constitutional reform act 2005

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8
Q

what happened after the constitutional reform act 2005

A

the judicial appointments commission to deal with the selection of judges

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9
Q

by who is made the appointment

A

once the candidates was selected the appointment is made by the queen

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10
Q

what is the role of the justice of the supreme court

A

lay people of good character who serve on the bench without payment
their work concerns appeals

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11
Q

what are lords justice of appeal

A

deal with both civil and criminal cases

sits as a panel of three to hear cases

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12
Q

what are high court judges

A

try cases at first instance
hear evidences from witnesses
decide what the law is and make the decision as to which side has won the case
sit on their own

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13
Q

what is a circuit judge

A

try cases in :
county court-civil cases
crown court -criminal cases

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14
Q

what are recorders

A

are appointed for a period of five years

are mainly in the crown court to try criminal cases

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15
Q

what are district judges

A

deal with small claims in the county court

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16
Q

what are district judges (of magistrates’ court)

A

try criminal cases in the magistrates’ court
sit on their own
decide fact of law

17
Q

what is security tenure of superior judges

A

senior judges have security of tenure in that they cannot be dismissed by the government
they can only be removed by the monarch following a petition presented to her by both houses of parliament

18
Q

what is tenure of inferior judges

A

the consent of the lord chief , justice , has the power to dismiss inferior judges for incapacity

19
Q

by whom are investigated complaints against judges

A

by the judicial conduct investigations office

20
Q

to whom is reported the complaints if the matter is true

A

to the lords chancellor, and

the lord chief justice

21
Q

what is immunity from suit

A

judges are given immunity from prosecution for any acts they carry out
immunity from being sued

22
Q

what is independence from the executive

A

superior judges cannot be dismissed by the government

they can make decision which may displease the government without the threat of being dismissed

23
Q

by what is guaranteed the independence of judiciary

A

under the s 3 of the constitutional reform act 2005

24
Q

is it true that the lord chancellor and other ministers can seek to influence particular judicial decision

A

no , it must not seek to influence particular judicial decision

25
Q

what was the main reason for the creation of the supreme court in 2009

A

was to separate the judiciary from the legislature

26
Q

independence from cases

A

the judge must not try any case where they have any interest in the issue involved

27
Q

what are the way in which the independence is protected

A

security of tenure
immunity from suit
independence from the executive
independence from case

28
Q

what are the reasons for judicial independence

A

to protect the liberty of the individual from abuse of power by he executive
is vital in democracy
the government cannot force the judges to resign
judges be impartial in their decision
judges must be free to exercise their judicial powers

29
Q

what are the advantages of judicial independence

A

decisions are made only on the basis of the facts of the case and law
ensure fairness
judiciary are able to protect citizens against unlawful acts of government

30
Q

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A

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