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cilex > The Personnel of the English Legal System > Flashcards

The Personnel of the English Legal System Flashcards

1
Q

Who headed the Court of Chancery?

A

The Lord Chancelor

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2
Q

Appointment

s2 Constitutional Reform Act 2005 states that the Lord Chancellor is appointed by the Queen following a recommendation by the prime minister. The prime minister may take what into account?

A
  • experience as a Minster
  • experience as a member of either houses of parliament
  • experience as qualifying practitioner
  • experience as a teacher of law
  • other experience that the prime minister think is relevant
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3
Q

What is the role of the Lord Chancellor?

A

The Lord Chancellor is a member of the Cabinet and, by law, is responsible for the efficient functioning and independence of the courts

  • protecting the rule of law
  • human rights
  • overall strategy on criminal justice
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4
Q

What is the role of the Secretary of State for Justice?

A
  • the courts
  • prisons and probation
  • legal aid
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5
Q

Which Court will a Circuit Judge sit at?

A

Crown Court
County Court
Family Judge

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6
Q

Which Court will a High Court Judge sit at?

A

High Court
Crown Court
Family Court
Divisional Court of the High Court

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7
Q

What Court will a District Judge sit at?

A

Magistrates
Family
County Court

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8
Q

FACT

List of Judges in descending order.

A 
Justice of the Supreme Court
Lord of Justices of Appeal
High Court Judges
Circuit Judge
Recorder
District Judge (Magistrates)
District Judge
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9
Q

What Court will a Recorder Judge sit at?

A

Crown Court
County Court
Family Court`

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10
Q

What Judges will sit at the Court of Appeal? (Senior Judges)

A

Lord Chief Justice

Master of the Rolls and President of the Family Division

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11
Q

Place the following judges in order of seniority (most senior first)

1) District Judge
2) Justice of the Supreme Court
3) Recorder

A

1) Justice of the Supreme Court
2) Recorder
3) District Judge

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12
Q

To become a none-legally qualified magistrate what qualities must they have? name 3

A
  • good character
  • understanding and communication skill
  • social awareness
  • Maturity and sound judgement
  • commitment and reliability
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13
Q

What role does a legal adviser have?

A

will record the decisions in each case and ensure that the court administration works smoothly and give an unbiased opinion

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14
Q

How many days are magistrates expected to take part in?

A

26 half-day sittings. They are unpaid.

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15
Q

FACT

Advantages of magistrates

A
  • Cost - they are cheaper
  • Community Justice
  • Local knowledge - expected to live 15 minutes from their courts
  • greater diversity - gender/ethnic
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16
Q

FACT

Disadvantages of magistrates

A
  • poor training which leads to bad decisions
  • lack of legal knowledge
  • too ready to believe the police
17
Q

How many people sit on a jury?

A

12

18
Q

What is the purpose of the s44 Criminal Justice Act 2003?

A

That a court trial does not a jury if the judge thinks there is serious danger of jury tampering with the decision

19
Q

FACT

S1 Juries Act 1974

A

States that a person may be selected as a juror who:

is aged 18-75
Is on electoral register
has been resident in the UK since age 13 for at least 5 years

20
Q

FACT

S1 Juries Act 1974

A

A juror may be disqualified if:

  • he or she is detained under the Mental Health Act 1983
  • ever severed a prison sentence for 5 years or more
  • in past 10 years has been imprisoned for any length of time, community punishment order or suspended prison sentence
21
Q

A breach of the rule that all discussions among jurors must be kept secret is a:

A Contempt of court under section 8 of the Contempt of Court Act 1981

B Breach of trust under section 2 of the Trustee Act 2000

C Criminal offence under section 20D of the Juries Act 1974

D Civil wrong under section 1 of the Official Secrets Act 1911

A

C Criminal offence under section 20D of the Juries Act 1974

22
Q

FACT

Advantages of juries

A
  • independence
  • trial by your peers
  • involvement of ordinary people
23
Q

FACT

Disadvantages of juries

A
  • cost
  • domination
  • inappropriate waste of time for skilled professional
  • difficulties understanding complex legal issues
  • risk of jury tampering
  • secrecy of jury discussions
24
Q

Name the 3 legal professions in England and wales?

A

Solicitors
Barristers
Chartered Legal Executives

25
Q

what role does the legal services board have?

A

s1(1) Legal services act 2007 provides that it has the overall responsibility of overseeing legal activities.

  • protecting public interest
  • improving access to justice
  • increasing public understanding of citizens legal rights and duties
26
Q

what role does the office for legal complaints have?

A

The office for legal complaints supervises the Legal Ombudsman - resolves complaints free of charge for individuals, charities, trusts

27
Q

how much can the office of legal complaints award in compensation? (maximum)

A

£50,000

28
Q

What are barristers main focus? (line of work)

A

Advocacy

Representing Clients in Courts

29
Q

Name the 5 stages of qualifying as a barrister?

A
  • Academic Stage
  • admission to an Inn of Court
  • Vocational Stage
  • Call to the Bar
  • pupillage
30
Q

There are four Inn Courts, what are they?

A
  • Middle Temple
  • Inner Temple
  • Grays Inn
  • Lincolns Inn
31
Q

Vocational Stage of qualifying as a Barrister.

What test must they pass before they can apply for the Bar Professional Training Court?

A

Bar Course Aptitude Test

32
Q

Barristers are regulated by what service?

A

Bar Standards Board which publishes a Code of Conduct

33
Q

Solicitors are regulated by what service?

A

SRA - Solicitors Regulation Authority

  • sets the standards for qualifying as a solicitor
  • investigating complaints
  • protecting the public
  • Upholding the rule of law
  • Acting in their Clients best interests
34
Q

What fines can the SRA give?

A

up to £2000 on individuals & law firms

35
Q

What service does the Law Society provide?

A

advice service & practice notes for solicitors

cilex (7 decks)

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