13727209
Description
Flashcards by Stuart Halford, updated more than 1 year ago
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Created by Stuart Halford
almost 6 years ago
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| Question | Answer |
| What are the three most important features of the judiciary? | That they be fair unbiased apply the law |
| How are the judiciary divided? | Into superior judges and inferior judges. |
| Which four sectors make up the superior judges? | Supreme Court of Appeal and High Court Justices of Supreme Court Lord Justices of appeal in CoA High Court Judges |
| Which five sectors are included in the inferior judges? | Circuit judges in Crown and County Courts Recorders (p/t) Crown Court District Judges (Small Claims) District Judges (Magistrates) Tribunal Judges |
| Which two acts have had the biggest impact of how judges are selected and appointed? | Court and Legal Services Act (2007) Constitutional Reform act (2005) |
| What are the important four facts about Justices of the Supreme Court? | Try around 1000 cases Only on points of law Often deal with compex tax and planning law Decisions become precedent |
| What five facts are important to know about Lord Justices of Appeal | Hear appeals from criminal and civil Around 7000 Criminal Appeals One judge decides leave of appeal 25% of Criminal Cases get leave Sit as 3 or 5 pannel |
| What is the function of High Court Judges? | Try cases in the first instance Hear evidence and decide law Sit in Criminal Cases at Crown Court and pass sentence. |
| How is independence of Superior Judges guaranteed? | They have security of tenure Cannot be dismissed so long as behaviour is good. Only be removed by monarch following petition in HoL and HoC. |
| How is independence of the inferior judges maintained? | Only the Lord Chancellor with the consent of the Lord Chief Justice can dismiss for incapacity or behaviour. |
| Who investigates complaints about the judiciary? | Judicial Conduct Investigations Office |
| What factors assist in the independence of the judiciary? | Immunity from law suits Immunity from civil suits (Sitios v Moore) Immunity from defamation Independence from executive Independence from legislature Independence from case |
| Why is judicial independence needed? | Protects individuals from abuse of power by executive. Cannot force judges to resign Must be free to exercise power with interference or influence to ensure justice. |
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