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35 Cards in this Set
- Front
- Back
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The Magistrates Court deals with what percentage of criminal cases? |
95% |
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If the Magistrates court hears matter for 10-17 yr olds, what capacity will the court sit in? |
It will sit as a Youth Court |
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Are all the Crown Courts seen as one court? ( like the County Court is) |
Yes Even though theres about 90 diff locations |
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Does the QBD have a criminal jurisdiction? |
Yes |
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In the QBDs criminal jurisdiction, does it have any original jurisdiction? |
No Appeals only |
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Which TWO courts does the QBD in its criminal jurisdation, hear appeals from? |
Magistrates Crown court |
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What kind of criminal appeals does the QBD hear? Ie: based on what |
On a point of law |
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Appeals "on a point of law " means what? |
Either the law was: Appliead incorrectly Or court decision was ultra vires |
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Does the COA have any original jurisdiction? |
No |
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What two types of appeal does the COA hear in its criminal jurisdiction? |
Against sentence Against conviction |
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Which courts does the Supreme Court , in its criminal jurisdiction, hear appeals from? |
COA Divisional Court of the QBD |
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Appeals to the SC must be... |
On a point of law, of general public importance |
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A judge is to ensure a ... trial and to ensure that... is followed. |
* a fair trial *correct procedure is followed |
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The judge will always be responsible for deciding questions of... |
law |
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In civil cases, is the judge responsible for deciding questions of law or fact? |
Both |
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In the crown court, is the judge responsible for deciding questions of law or fact? |
Law The jiry determines fact |
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Judges in the COA and the SC are also responsible for shaping the law by doing which 2 things? |
Interpretting statute Setting precedents |
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List the 5 most senior judges in England and Wales |
1. LCJ: Head of Criminal Justice: Presides over COA Crim Div 2. Master of the Rolls: Head of Civil Justice: Presides over COA Civ Div 3. President of the QBD 4. President of the Family Division (Head of Family Justice) 5. Chancellor of the High Court: Presides over chancery div |
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What are the judges that sit in the SC called? And how many sit in a case? |
Justices of the Supreme Court 5, 7 or 9 |
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Why do Justices of the SC always sit in odd numbers? |
So there can never be a draw |
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Does each Justice of the Supreme court give their own judgment at the end? |
Yes |
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What are the judges that sit in the COA called? And how many sit? |
Lord and Lady Justices Usually 3 |
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In what courts do HC judges sit? |
High Court and the 1st and 2nd tier of the Crown court |
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What kind of cases do HC judges hear when sat in the Crown Court? |
Serious criminal trials Remember: HC has no appellare jurisdiction |
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What 2 courts do Circuit Judges sit in? |
County Court on their own Crown Court: all three tiers |
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Name the 4 different types of District Judge with a brief explanation |
District Judge: County court, sat alone, less serious cases District Judge: Magistrates, sat alone Deputy District Judge: (part tine judge) County Court, sat alone, less serious cases Deputy District Judge : (Part time Judge) Magistrates, performance monitored by District Judge, paid fees not salary, sat alone, work in some magistrates crts |
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What type of cases do Recorders hear and where? |
Recorders = part time judge Less serious cases, Crown Court |
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Although District Judges & Deputy District Judges (Magistrates Crt) hear cases in some of the busy, city Magistrates' Courts Who hears the majority of cases in the Magistrates' courts? |
3 lay magistrates |
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Are lay magistrates qualified? And are the full time or part time? |
Not qualified Part time |
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What is the minimum a lay magistrate can work per year? |
26 half days |
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Are Magistrates volunteers? And Do Magistrates get training? |
Yes volunteers Yes thry get training |
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What is the other term used to refer to Magistrates? |
Justices of the Peace |
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What are Magistrates called collectively? |
The Bench |
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If a Magistrate wanted to become a Chairmen of the Bench or sit in tge Youth Court, what will they need? |
Further training |
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What is the duty of the Chairmen of the Bench in Magistrates Court? |
To ensure fair conduct of proceedings |
