judges Flashcards
(40 cards)
2 main types of judges
- superior
- inferior
types of superior judges
- Justices of the Supreme Court
- Lord Justices of Appeal
- High Court judges
types of inferior judges
- Circuit judge
- Recorder
- District judges
circuit judges
(crown and county)
county- hear a wider range of civil cases (e.g property and family law)
crown- hear less serious cases
how are circuit judges appointed
must be a solicitor or a barrister for 7 + years and have been a district judge or recorder
recorder (county and crown)
county- hear more complex civil cases
crown- hear less serious criminal casesh
how are recorders appointed
must be a solicitor or barrister for 7 + years
District judges (county and magistrates)
county- hear low value civil cases- tort and contract
magistrates- hear criminal cases in place of 3 magistrates
how are district judges appointed
must be a solicitor or barrister or a legal executive for 5 + years - or be deputy district judge
Justices of the supreme court (supreme court)
hear appeals on matters of public importance
how do justices of the supreme court get appointed
must have been a Lord justice of Appeal or have served in senior courts for min 15 years
Lord Justice of Appeal (COA and criminal or civil division)
Hear appeals from crown court or high court
how do Lord justices of Appeal get appointed
must be a solicitor or barrister for 7 + years or be an existing High Court Judge
Divisional court of the high court judges (high court kings bench division, chancery division, family division)
- Kings bench- hear high value contract and tort cases
- chancery- hear high value business and finance cases
- family- hear family cases (divorce, separation of assets)
- may also assist Lord Justices of Appealho
how are Divisional of the High Court Judges appointed
must be a solicitor or barrister for 7 + years (usually over 20 or been a circuit judge for min 2 years)
district judges role in magistrates court- criminal
hear evidence then decide a verdict and sentence for summary and triable either way offences in place of 3 magistrates
recorders and circuit judges roles in crown court- criminal
- decide on points of law, - - ensure the correct procedure is followed
- advise the jury
- pass a sentence on serious triable either way and indictable offences
- handle appeals from the magistrates court
Lord Justices of Appeal roles in COA- criminal
- hear appeals from the CC by listening to legal arguments and deciding if the original decision should stand
Justices of the Supreme Court roles in the SC- criminal
- hear appeals from the COA by listening to legal arguments and deciding if the COA decision should stand
District Judges, Recorders and Circuit Judges roles in county court- Civil
- hear evidence and decide on points of law before deciding on liability
- decide where costs should fall and the remedies to award
- handle pre-trial matters such as case management and timetable settings
High Court Judges roles in the High Court- Civil
do the same as the other judges but also handle appeals from the county court
Lord Justices of Appeals role in the CoA- civil
hear appeals from the high court by listening to legal arguments and deciding if the original decision should stand
Justices of the Supreme Court roles in the SC- civil
hear appeals from the CoA by listening to legal arguments and deciding if the CoA decision should stand
separation of powers
idea that parliament, government and the judiciary are kept separate and do not overlap