the judiciary Flashcards

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1
Q

what are the different types of judges?

A
  • superior judges
  • inferior judges
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2
Q

what are superior jurors?

A
  • the justices of the supreme court
  • the lord justices of appeal in the court of appeal
  • high court judges who sit in the three divisions of the high court
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3
Q

what are inferior judges?

A
  • circuit judges who sit in the crown court and county court
  • recorders who are part time judges who usually sit in the crown court
  • district judges who hear small claims ad other matters in the county court
  • district judges who sit i magistrates courts
  • tribunal judges
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4
Q

how is a judge appointed?

A

once candidate is selected, will be appointed by the king

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5
Q

what is the role of a justice of the supreme court?

A

sit as an uneven number panel to hear a case and make precedent

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6
Q

what is the role of lord justices of appeal?

A

sit in both the civil and criminal divisions of the court of appeal.
can make precedent on a point of law.

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7
Q

what is the role of a high court judge?

A

try cases at first instance and hear evidence from witnesses and come to a verdict

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8
Q

what is the role of an inferior judge?

A

sit in county court and crown court to hear criminal cases and civil cases and decide law and the facts the make decision on who has won the case

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9
Q

what are ways in which independence of the judiciary is protected?

A
  • security of tenure
  • immunity from suit
  • independence from the executive
  • independence from the case
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10
Q

how is security of the tenure protected?

A
  • superior judges can only be removed by the monarch following a petition presented to her by both houses of parliament.
  • inferior judge can be removed by the lord chancellor and lord chief justice for misbehaviour or incapacity
  • this allows judges to make decisions against the government without fear of being dismissed
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11
Q

how does immunity from suit protect independence?

A
  • judges cannot be sued for decisions they make in cases, even if they make a mistake
  • this allows judges to perform their duties without fear of repercussions
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12
Q

how does independence from the executive protect independence of the judiciary?

A
  • judicial independence is guaranteed under s3 of the constitutional reform act 2005
  • lord chancellor and other ministers must not seek to influence particular judicial decisions
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13
Q

how does independence from the case protect independence of the judiciary?

A
  • must not try a case where they have any interest in the issue involved
  • judges must not be completely impartial when making decisions
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14
Q

why is judicial independence needed?

A

to protect the liberty of an individual and for judges to be able to act without pressure ad without fear of repercussions

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15
Q

advantages of judicial independence?

A
  • ensures fairness in al cases
  • protects citizens against unlawful acts of government
    -public confidence
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