The judiciary- ELS (1) Flashcards
What are the 4 inferior judges
1) circuit judges
2) recorders
3) district judge in the country court
4) district judge in the crown court
what are the 3 superior judges
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
In which court do circuit judges sit?
country and crown
What cases will Justices of the Supreme Court hear?
Cases of public importance
How many Justices of the Supreme Court usually hear a case?
5
How many inferior judges will usually hear a case?
1
What is the main role of the Lord Justices of Appeal
To hear criminal and civil appeals
How many Lord Justices of Appeal will usually hear a case?
3 to 5(rare)
How many High Court judges usually hear a case?
1
what is the district judges role in criminal cases- happens in the magistrates court
- hear summary matters and some triable either way cases
- hear evidence, decide verdict and pass sentence
what is the recorders and circuit judges role in criminal cases- happens in the crown court
- hear some triable either way cases and all indictable cases
- advice the jury on the law and pass sentence
- hear appeals from magistrates court
what is the role of high court judges in criminal cases- happens in the high court
hear case stated appeals from magistrates court
what is the role of the lord/lady justices of appeal in criminal cases- happens in the court of appeal
hear criminal appeal (allow appeal, dismiss appeal or order a retrial)
what is the role of justices of the supreme court in criminal cases- happens in the supreme court
hear criminal appeals from all lower courts
the appeal concerns a point of law
what is the role of district judges, recorders and circuit judges in civil cases- happens in county court
decide liability and award the appropriate remedy
what is the role of high court judges in civil cases- happens in the high court
listen to the evidence.
decide the law.
decide as to liability.
decide the appropriate remedy.
what is the role of the lord/lady justices of appeal in civil cases- happens in the court of appeal
hear civil appeals (allow appeal, dismiss appeal or order a retrial)
what is the role of justices of the supreme court in civil cases- happens in the supreme court
hear civil appeals from all lower courts
the appeal concerns a point of law
Who proposed the separation of powers theory?
Montesquieu
what does the separation of powers ensure
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
how is judicial independance achieved?
- 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
what does the doctrine of separation of powers do?
provides checks and balances to ensure the judiciary is independent.
what are advantages of judicial independence
independent from the legislative
independent from the government
independent from the executive
independent from the cases they try
What is immunity from suit?
A policy that judges cannot be sued for things said/done in any case
Which case demonstrates that the judge must have no relation/interest in the case?
Pinochet case (1988)
The case had to be thrown out because Lord Hoffmans was involved in the case so it was bias
Why can diversity be seen as a weakness of the judiciary?
The judiciary is still dominated by elderly white upper class men.
Why can diversity be seen as a strength of the judiciary?
Diversity has increased
Why can judicial independence be seen as an advantage?
It allows judges to make decisions against the government without any pressure
Why can judicial independence be seen as a disadvantage?
Judges are less accountable for their actions
