The Judiciary - Papers 1, 2, 3 Flashcards
What is the Judiciary?
The collective name for judges as a group
Who are Superior Judges?
Senior judges who sit in the Supreme Court, the Court of Appeal, and the High Court
Who are Inferior Judges?
Judges who sit in the Crown Court, County Court, Magistrates Court, and tribunals
Explain the role of Justices of the Supreme Court (formerly known as Law Lords)
Sit in the Supreme Court so are the most senior judges in the UK
Hear appeals on points of law of great importance in civil and criminal cases
Any decision becomes precedent that all lower courts must follow
They must sit as an uneven panel to hear a case
Explain the role of Senior Judges of the Court of Appeal (formerly Lord and Lady Justices of Appeal)
They only hear appeals
Usually sit as a panel of 3
Sit in both the Civil and Criminal Divisions of the Court of Appeal
Decisions on points of law become precedents which lower courts must follow
Explain the role of High Court Judges (Puisne Judges)
Sit in the High Court and the Crown Court
In the High Court they try cases at first instance, hear evidence from witnesses, decide what the law is, and make a decision as to which side has won the case
Judges in the King’s Bench Division of the High Court hear serious cases in the Crown Court and will sit with a jury and decide the law and the sentence
They can also hear criminal appeals (law only) from the Magistrates Court
Explain the role of Circuit Judges
Sit in the Crown Court and the County Court
In the Crown Court, they hear criminal trials, decide the law, and the sentence if D is guilty
In the County Court, they hear civil cases and so decide the law and the facts, and make a decision as to who has won the case
Explain the role of Recorder Judges
These are part-time judges, usually still practicing solicitors or barristers
They sit in the Crown Court and the County Court
In the Crown Court, they hear criminal trials, decide the law, and sentence if D is guilty
In the County Court, they hear civil cases
Describe the role of District Judges
They sit in the Magistrates Court and the County Court
In the Magistrates Court, they try criminal cases alone, decide facts and law, and sentence if D is found guilty
In the County Court, they hear small claims track cases up to £10,000
Explain the different roles of a judge in a criminal case
1) Conduct a pre-trial preparation hearing
2) Supervise the selection and swearing in of the jury
3) Keep order and control the conduct of the trial
4) Determine the interpretation and application of the law
5) Summing-up the evidence
6) Pass sentence if D pleads or is found guilty
7) Free D if found not guilty
8) Decide verdict (District Judges in Magistrates Court only)
Explain the role of judges in a civil case?
1) Reach a decision as to which party wins and which party is liable
2) Determine the relevant law
3) Apply the balance of probabilities to decide the case
4) Listen to witnesses and evaluate their credibility
5) Consider and evaluate other forms of evidence
6) Make a decision about the remedies, e.g. amount of damages
