judges Flashcards

(40 cards)

1
Q

2 main types of judges

A
  • superior
  • inferior
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2
Q

types of superior judges

A
  • Justices of the Supreme Court
  • Lord Justices of Appeal
  • High Court judges
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3
Q

types of inferior judges

A
  • Circuit judge
  • Recorder
  • District judges
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4
Q

circuit judges
(crown and county)

A

county- hear a wider range of civil cases (e.g property and family law)
crown- hear less serious cases

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5
Q

how are circuit judges appointed

A

must be a solicitor or a barrister for 7 + years and have been a district judge or recorder

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6
Q

recorder (county and crown)

A

county- hear more complex civil cases
crown- hear less serious criminal casesh

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7
Q

how are recorders appointed

A

must be a solicitor or barrister for 7 + years

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8
Q

District judges (county and magistrates)

A

county- hear low value civil cases- tort and contract
magistrates- hear criminal cases in place of 3 magistrates

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9
Q

how are district judges appointed

A

must be a solicitor or barrister or a legal executive for 5 + years - or be deputy district judge

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10
Q

Justices of the supreme court (supreme court)

A

hear appeals on matters of public importance

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11
Q

how do justices of the supreme court get appointed

A

must have been a Lord justice of Appeal or have served in senior courts for min 15 years

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12
Q

Lord Justice of Appeal (COA and criminal or civil division)

A

Hear appeals from crown court or high court

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13
Q

how do Lord justices of Appeal get appointed

A

must be a solicitor or barrister for 7 + years or be an existing High Court Judge

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14
Q

Divisional court of the high court judges (high court kings bench division, chancery division, family division)

A
  • 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
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15
Q

how are Divisional of the High Court Judges appointed

A

must be a solicitor or barrister for 7 + years (usually over 20 or been a circuit judge for min 2 years)

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16
Q

district judges role in magistrates court- criminal

A

hear evidence then decide a verdict and sentence for summary and triable either way offences in place of 3 magistrates

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17
Q

recorders and circuit judges roles in crown court- criminal

A
  • 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
18
Q

Lord Justices of Appeal roles in COA- criminal

A
  • hear appeals from the CC by listening to legal arguments and deciding if the original decision should stand
19
Q

Justices of the Supreme Court roles in the SC- criminal

A
  • hear appeals from the COA by listening to legal arguments and deciding if the COA decision should stand
20
Q

District Judges, Recorders and Circuit Judges roles in county court- Civil

A
  • 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
21
Q

High Court Judges roles in the High Court- Civil

A

do the same as the other judges but also handle appeals from the county court

22
Q

Lord Justices of Appeals role in the CoA- civil

A

hear appeals from the high court by listening to legal arguments and deciding if the original decision should stand

23
Q

Justices of the Supreme Court roles in the SC- civil

A

hear appeals from the CoA by listening to legal arguments and deciding if the CoA decision should stand

24
Q

separation of powers

A

idea that parliament, government and the judiciary are kept separate and do not overlap

25
judicial independence
judges being independent of parliament, government and the parties involved in a case
26
what does judicial independence allow for?
judges to assess how the law is made and administered without the risk of bias or pressure
27
what did the Constitutional Reform Act 2005 do
gave the role of head of the judiciary to the Lord Chief Justice as they arent part of parliament or the gov- made the judiciary more independant
28
what was it like pre CRA 2005
the Lord Chancellor was the Minister for Justice, part of the cabinet, and the most senior judge in the supreme court
29
what happened in 2009
House of Lords was changed to the Supreme Court, full time judges weren't allowed to be MP's- allowed clearer separation of po
30
security of tenure 2 strands
- protection for superior judges - protection for inferior judges
31
protection for superior judges
- cant be dismissed by the Gov only the Monarch if there's a petition from both houses - reduces any pressure judges may have to make decisions favourable to the Gov
32
protection for inferior judges
- can be removed by the Lord Chancellor for incapacity or misbehaviour but only with the consent of the Lord Chief Justice
33
independent salary
- paid by an independent body and so parliament cant change the amount judges get paid - parliament do have the power to change the age of retirement and pension eligibility for judges- some risk of influence from the legislature
34
immunity from lawsuits
immune from being prosecuted or sued for any acts carried out during their duty, including defamation claims based on anything they say
35
judicial review
- can review delegated legislation made by Gov departments = have the ability to check the power of the executive and can stop them abusing their power
36
Agricultural Training Board V Aylesburg Mushrooms
minister of Labour wanted to make new regulations about the training of mushroom growers- was meant to consult Mushroom growers Association before hand but didn't so the court acted ultra vires and declared the regulations void
37
human rights
- HRA allows judges to declare an Act is incompatible with HR- puts pressure on the Gov to change it
38
A V SoS the Home Department
the Anti-terrorism, Crime and Security Act 2001 allowed foreign nationals to be detained without trial if suspected of terrorist activities - court said this was in breach of article 5 and 14 of the ECHR and resulted in the government changing the law
39
no connection to the case
judges cant have any involvement with the case they are handling
40
Re Pinochet
Amnesty international bringing a case against senator Pinochet for crimes against humanity- discovered that Lord Hoffmann was an unpaid director of Amnesty International - risk he might have influenced the decision- the case was retried with a new judging panel