What is the judicial function? What are the basic principles that govern court systems and legal procedures?

Question 1

What is the judicial function?

Answer 1

The judicial function refers to the role of the judiciary in a legal system. It encompasses the power and responsibility of the courts to interpret and apply the law, resolve disputes, and administer justice in accordance with established legal principles. The judiciary acts as an independent and impartial branch of government, separate from the legislative and executive branches, to ensure a fair and equitable legal system.

Question 2

Describe who are judges and their main tasks, functions.

Answer 2

The main function of judges:
- to drive the legal system in theory and in practice
they enforce the law by deciding cases
- their impact on decisions depends on the juidicial system

Question 3

Describe what are courts and their main tasks functions.

Answer 3

• are the foundation of legal systems
• they have the power and authority to enforce law through jurisdiction

Question 4

Describe the hierarchical structure of courts!

Answer 4

1. courts of first instance
2. appellate courts
3. supreme courts

– the higher courts review the decision of lower courts and jhave the authority to obverrule them. Wrongly convicted defendans have the right to appeal

Question 5

List the basic principles that are governing court systems!

Answer 5

1. Institutional principles
   - judicial impartiality
   - judicial independence
2. Procedural principles
   - right to access justice
   - right to fair hearing
   - right to public hearing
   - right to judgement within reasonable time
   -right to enforcement of the judgement

Question 6

Describe the notion of ‘Sentence’!

Answer 6

• if the defendant is convicted - is sentenced
• different range of sentences are available for the court: fine, imprisonment, community service, suspended sentence
• there is the possibility to appeal to higher court - search for mistake for retrial is needed

Question 7

Describe how is going a civil trial!

Answer 7

• the lawyers merely present brief summaries of what the court had already before it

Question 8

Who are the judges in common law systems?

Answer 8

except USA!, judges are appointed from the ranks os senior barristers

Question 9

Who are the judges in civil law systems?

Answer 9

judges are recruited in the style of the civil service - directly from university, professional training occurs within the judiciary

Question 10

What is judicial review? with example

Answer 10

Judicial review is the power of the judiciary to review and potentially invalidate actions or laws of the legislative and executive branches of government that are found to be unconstitutional or in violation of the law. It is a fundamental aspect of the separation of powers and the checks and balances in a democratic system.
USA: Supreme Court max impose judicial interpretations of the constitution on other branches of government - can declare state legislations as unconstitutional

Question 11

What is trial by jury?

Answer 11

Trial by jury is a legal proceeding in which a group of ordinary citizens, known as jurors, listens to evidence presented by both parties in a case and renders a verdict based on the facts and the law.
US: available for criminal, civil cases

critic: jury isnt required to give reasoning for the decision