Judiciary Flashcards
(20 cards)
What are the two main categories of judges in the judiciary?
Superior judges (High Court and above) and inferior judges (lower courts).
What are the key responsibilities of a judge in a Crown Court criminal case?
Make decisions about the law, manage the trial, ensure human rights compliance, explain procedure and legal issues to the jury, sum up evidence, and pass a sentence.
How do magistrates differ from judges in their decision-making process?
Magistrates decide the outcome of cases and punishment with a bench of 3, while judges manage trials and make legal rulings.
What role do judges in appeal courts play in the legal system?
Rule on appeal cases, interpret unclear laws, and set legal precedents for other courts.
What are the two oaths that judges take when they are sworn in?
The oath of allegiance and the judicial oath.
Why is judicial independence considered essential in the justice system?
It ensures decisions are made solely based on law, evidence, and facts, free from improper influence.
How is the judiciary protected from political influence?
Judges are not elected, cannot be dismissed by the government, and have security of tenure.
Who determines judicial salaries, and how is this decided?
The Senior Salaries Review Body (SSRB) provides recommendations for salaries.
Why might some lawyers be discouraged from applying to become judges?
Higher income potential as a lawyer compared to judicial salaries.
How is judicial funding provided, and who ultimately decides judges’ salaries?
Judicial funding is provided by the government through taxation, and salaries are determined by the SSRB.
Fill in the blank: One of the most cherished principles of the judiciary is that they are _______.
independent.
True or False: Judges can be dismissed by the government.
False.
What is the significance of the SSRB in relation to the judiciary?
It provides independent advice on the remuneration of the judiciary.
What is a key negative impact on the judiciary mentioned in the effectiveness discussion?
Delays in justice from backlog.
What are two factors contributing to backlog in the courts?
- Pandemic
- Barrister strike.
What aspect of judicial diversity is discussed in the effectiveness of the judiciary?
Research gender and ethnicity statistics for the judiciary.
What is one positive and one negative aspect of remote hearings?
Positive: Accessibility; Negative: Potential for reduced engagement.
What negative funding issue is highlighted regarding the judiciary?
Legal Aid and Barrister Pay.
What sensationalist media coverage is mentioned as an issue for the judiciary?
Enemies of the People by the Daily Mail.
What common criticism is noted regarding sentencing by the judiciary?
Many examples of lenient sentences.
