Judges Flashcards
(27 cards)
What is the higherachy of judges ?
-Justices of the Supreme Court
-Lord Justices of Appeal
-High Court Judges
-Circuit Judges
-Recorders
-District Judges
Which judges are classed as superior ?
-Justices of the Supreme Court
-Lord Justices of Appeal
-High Court Judges
Which judges are classed a inferior ?
-Circuit Judges
-Recorders
-District Judges
Which court does a Justice of the Supreme Court sit in ?
-Supreme Court
What qualifications are needed to be a Justice of the Supreme Court ?
-Appointed from those who hold high judicial office
-Have been a Lord Justice of Appeal for 2 years, or
-Been a qualified solicitor or Barrister for at least 15 years
What did the Constitutional Reform Act (2005) state about Justices of the Supreme Court ?
Provides that there should be a maximum of 12 Justices and they are the most senior judges in the country.
What is the role of a Justice of the Supreme Court ?
They sit in the Supreme Court to hear final appeals from all courts in the UK.
Which court does a Lord Justice of Appeal sit in ?
-Court of Appeal
What qualifications are needed to be a Lord Justice of Appeal ?
-Officially appointed by the King
-Be a qualified Solicitor or Barrister for at least 7 years, or
-Be an existing High Court Judge
What is the role of a Lord Justice of Appeal ?
-The Civil Division of the Court of Appeal hears appeals from cases in the County Court or the High Court
-The Criminal Division of the Court of Appeal will hear appeals from trials in the Crown Court.
Which courts does a High Court Judge sit in ?
-High Court
-Crown Court
What qualifications are needed to be a High Court Judge ?
-Be a qualified solicitor or Barrister for at least 7 years, or
- Be a circuit judge for at least 2 years
What is the role of a High Court Judge ?
-KBD judges will hear high value civil claims of contract and tort.
-KBD judges of this Division will hear serious criminal cases such as in the Crown Court.
-Judges of the Chancery Division hear high value commercial claims and cases of
liquidation of companies and partnership disputes.
-Judges of the Family Division will hear claims relating disputes of property and
financial matters of married and unmarried partners and relating to children of relationships.
-Can sit as judges in the Court of Appeal alongside Lords Justices to hear appeals relating to work of the respective Divisions.
Which courts do circuit judges sit in ?
-Crown Court
-County Court
What qualifications are needed to be a Circuit Judge ?
-Be a qualified Solicitor or Barrister for at least 7 years, or
-Be a Recorder or District Judge for 3 years
What is the role of circuit judges ?
-In the County Court they will hear a wide range of tort and contract claims as well as claims relating to possession of land and property disputes and some family work.
-In the Crown Court they will take charge of criminal trials, hearing more serious cases, when D has plead guilty.
Which courts do recorders sit in ?
Crown Court
-County Court
What qualifications are needed to be a Recorder ?
-Be a qualified Solicitor or Barrister for at least 7 years, and
-Be able to sit as a Judge for 30 days a year
Which courts do District Judges sit in ?
-Small Claims Court
-County Court
-Magistrates Court
What qualifications are needed to be a District Judge ?
-Qualified Solicitor or Barrister for at least 5 years
What was stated in the Tribunals, Courts and Enforcement Act (2007) ?
Legal executives are now eligible to be
appointed as a Deputy District Judge.
What is the role of District Judges ?
-In the County Court and particularly the Small Claims Court, they will hear low value civil claims of tort and contract.
-In the Magistrates’ Court, they will sit alone to hear summary and triable either-way offences and impose sentences on offenders of those crimes.
In general what is the role of Judges in civil cases at first instance ?
-The judge will be soley responsible for pre-trial matters such as case management and setting timetables to make sure that the parties in the case are ready for trial at a set date
In general what is the role of Judges in civil cases at the trial ?
-Hear evidence from all the witnesses.
-Listen to legal arguments.
-Look at any relevant case papers.
-Decide the facts, how the law applies to those facts, and decide who is liable
-In contract and tort cases, decide the amount of damages payable, or other remedy requested
-Decide who should bear the legal costs of the case.
Appeal court judges in the Court
of Appeal (Civil Division) and Supreme Court have a different role, as they decide if the decision made at the trial should stand or whether the appeal should be allowed.
