Legal Personnel and Judiciary Flashcards

(46 cards)

1
Q

what are the 3 types of lawyers?

A

barristers, solicitors and legal executives

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2
Q

what do barristers speicalise in?

A

courtroom advocacy, representing in higher courts and expert legal opinions

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3
Q

what body are barristers regulated by?

A

The bar standards board in the uK

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4
Q

what does the bar standards board do?

A

sets ethical standards, oversees training and enforces disciplinary actions.

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5
Q

what is the role of a solicitor?

A

provides general legal advice, prepares legal documents and client representation outside of courts ( refer complex cases to barristers) .

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6
Q

What body are solicitors regulated by?

A

Solicitors Regulation Authority (SRA)

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7
Q

What does the SRA do?

A

ensures that solicitors meet professional standards, adhere to ethical codes and maintain competence through ongoing training and compliance methods

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8
Q

What is the role of a legal executive?

A

Someone who specializes in a specific area of law, performing similar work to solicitors but with a focus on particular legal tasks and with a different route of qualification

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9
Q

Under what body are legal executives regulated by?

A

The Chartered Institute of Legal Executives in the UK.

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10
Q

What does the Chartered Institute of Legal Executives do?

A

oversees executive training, professional conduct and adherence to ethical standards.

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11
Q

what is the judiciary reposnbel for?

A

interpreting and applying the law, resolvibg disputes and ensuring justice is administered fairly and impartically court.

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12
Q

what are superior judges?

A

the most qualified judges with the most experience

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13
Q

in which courts do superior judges sit?

A

in the high court, court of appeal and supreme court, handling more complex and significant legal cases

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14
Q

what do superior judges consist of?

A

Judges of the supreme court, lord justices of appeal and high court judges

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15
Q

what role do justices in the supreme court have the role of?

A

Interpreting the constitution, reviewing lower court decisions and making final rulings on significant legal issues; ensuring uniformity and fairness.

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16
Q

where do lord justices of appeal sit?

A

in the court of appeal

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17
Q

what role do lord justices sitting in the court of appeal have?

A

hearing and determining appeals from lower courts, reviewing legal decisions to ensure they are just

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18
Q

where do high court judges sit?

A

in the high

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19
Q

what role do high court judges have?

A

hearing significant and complex cases at first instance, including civil, family and some criminal matters, and oversee judicial reviews and appeals from lower courts

20
Q

what are inferior judges?

A

judicial officers in the county courts and crown courts

21
Q

what do inferior judges handle?

A

they handle routine and less complex cases, including preliminary hearings and minor legal matters WITHOUT the authority to review higher court decisions

22
Q

what ‘judges’ are inferior?

A

1) circuit judges
2) recorders
3) district judges
4) tribunal judges

23
Q

over what cases do circuit judges preisde?

A

over cases in the crown court and civil cases in the high court, handling a broad range of criminal, civil and family matters

24
Q

what are recorders?

A

recorders are part-time judges who sit in the crown court, handling cirmnal cases and assistinbg with civil matters, often contributing their expertise on a TEMPORRARY or SESSIONAL basis.

25
what do district judges do?
district judges hear cases in the county courts, managing civil disputes, small claims and some family matters, ensuring fair and efficient resolution at a local level
26
what role do tribunal judges have?
resolving disputes and making decisions on specialized matters, such as employment, immigration and social security issues within specialized tribunal systems
27
what is the principle of 'separation of powers'?
a principal that divides government responsibilities into district branches to prevent any one branch from gaining too much power.
28
what is the executive branch?
the govenment branch
29
what does the executive branch consist of?
1) the prime minister 2) government ministers; who make policies and draft the law
30
what is the legislature branch?
1) the house of commons 2) the house of lords they make the law
31
what is the judiciary branch?
judges who enforce and interpret the law. but they can also make some laws
32
what is used to make sure branches are independent of the judiciary?
1) security of tenure 2) immunity from suit 3)separation of powers 4) no personal interest
33
what is the security of tenure?
the guarantee that judges cannot be removed from office without just cause, which ensures judicial independence by allowing them to rule impartially without fear of punishment or influence from external pressures
34
what is immunity from suit?
a method which protects the judges from being sued for actions during their role as a judge. this ensures independence by allowing them to make decisions based on the law without fear of personal legal repercussions.
35
what does the 'independence from the other two arms of the state' mean for the judiciary branch?
it means that the judiciary operates free from interference or influence, ensuring judicial independence by allowing courts to make unbiased decisions based solely on the law and justice.
36
what does 'no personal interest in the case' mean for judges?
that judge must have no personal interest or bias in the outcome of a case, ensuring judicial independence by allowing them to make impartial decisions based solely on the facts and law
37
what is an advantage of the judiciary?
No pressure. It is independent of the state and politicians and is not under pressure to impress the voters.
38
how are judges more quicker and effective than lay people?
As they do not need to come to an agreement with other people
39
what is one disadvantage of the judiciary?
They lack transparency in appointment and disciplinary issues. as well as this, there are issues with inconsistency- seen in the sentencing in lower courts.
40
41
what are the advantages of judicial independence?
Judges can make impartial decisions - which means they can better uphold the rule of law and better protect the rights of individuals.
42
how does the judiciary maintain a balance in government?
They act as a check on the power of the other branches?
43
How does the judicsry gain the trust of the public?
Its independence provides long-term stability for the legal
44
what is a disadvantage of judicial independence?
judges are not accounatble to the public
45
what is a disadvantage in judges not being accountable?
because they might interpret laws based on their personal or political beliefs- protected by immunity from suit (being sued for opinions in court).
46
how are judges at risk of corruption?
because they are isolated from the publics opinion (only slightly negated by the jury vote)