Legal System

Question 1

Who officially appoints judges?

Answer 1

The Monarch

Question 2

Who is head of the judiciary?

Answer 2

The Lord Chief Justice

Question 3

Which statute limits the power of the Lord Chancellor in the appointment and removal of judges?

Answer 3

Constitutional Reform Act 2005

Question 4

Which body oversees the training of judges?

Answer 4

The Judicial College

Question 5

Who will help a new judge in their role?

Answer 5

A mentor in the form of an experienced judge

Question 6

Which body oversees the appointment of judges?

Answer 6

Judicial Appointments Commission

Question 7

Which statute created the security of tenure for superior judges?

Answer 7

Act Of Settlement 1700

Question 8

Who needs to agree to remove an inferior judge?

Answer 8

The Lord Chancellor and the LCJ

Question 9

At what age must a judge retire?

Answer 9

70 years

Question 10

In which court will you find a recorder?

Answer 10

Mainly Crown but sometimes County

Question 11

How many judges are appointed each year?

Answer 11

Around 500

Question 12

How can superior judges be removed?

Answer 12

1) By the monarch after a petition from both the HoC and HoL
2) By the LCJ if the judge is in ill health
3) Usually unsatisfactory judges are asked to resign

Question 13

Name the 4 types of superior judge

Answer 13

Lord Chief Justice
Justices of Supreme Court
Lord Justice of Appeal
High Court Judges

Question 14

Name the 3 Inferior judges

Answer 14

Circuit Judge
Recorders
District Judge

Question 15

What are the 4 types of ADR?

Answer 15

Negotiation, Conciliation, Mediation, Arbitration

Question 16

Which form of ADR is legally binding?

Answer 16

Arbitration

Question 17

Which statute governs arbitration?

Answer 17

The Arbitration Act 1996

Question 18

What is the difference between a conciliator and a mediator?

Answer 18

Conciliator is active

Question 19

Which clause in a contract states that arbitration must be used?

Answer 19

Scott v Avery

Question 20

Give examples of sites which use ODR

Answer 20

eBay and Financial Ombudsman Service

Question 21

Give examples of what kind of cases are seen in Tribunals

Answer 21

Tax, immigration, employment

Question 22

What kind of cases will employment tribunals hear?

Answer 22

Unfair dismissal, discrimination, unpaid wages

Question 23

Describe the process of making a complaint to a tribunal

Answer 23

Company HR, Early conciliation, Alert ACAS and fill out ET1 form, Tribunal hearing

Question 24

What are tribunal remedies for employee and employer?

Answer 24

Employee: Compensation or writing of a reference
Employer: Nothing to pay

Question 25

Give examples of people who cannot be magistrates

Answer 25

Serious criminal offenders, Relatives in the justice system, Police officers

Question 26

What body appoints magistrates?

Answer 26

The Local Advisory Committee

Question 27

What kind of offences do magistrates hear?

Answer 27

Summary (decide sentence), Either way (Plea before venue hearing), Indictable (Administrative hearings)

Question 28

What is a magistrates maximum sentencing power?

Answer 28

6 months (12 months for multiple offences)

Question 29

Give examples of the powers of magistrates in family courts

Answer 29

Arrange for children to be taken into care, help separated parents make visitation arrangements, enforce child maintenance orders

Question 30

How can magistrates end their career?

Answer 30

Retirement at 75, Lord chancellor and LCJ remove for incapacity or misbehaviour (The Courts Act 2003)