Personnel of the English Legal System
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Questions and Answers

What is prohibited for a member of the jury during trial proceedings?

  • Researching case details unrelated to the trial
  • Disclosing jury deliberation details (correct)
  • Discussing trial outcomes with family members
  • Asking the judge for clarifications about the case

Which action would violate the Juries Act 1974 during the trial period?

  • Researching the case being tried for related information (correct)
  • Collecting general opinions on legal issues
  • Consulting with other jurors on case-related information
  • Deliberating on the case with a non-juror

What may lead a jury member to face legal consequences under section 20B of the Juries Act 1974?

  • Voting based solely on personal experiences
  • Disclosing information obtained through unauthorized research (correct)
  • Informing the court of personal bias
  • Engaging in pre-trial discussions with outsiders

Under section 20C of the Juries Act 1974, what behavior might imply that a juror intends to deviate from the evidence presented?

<p>Engaging in conduct suggesting reliance on external evidence (C)</p> Signup and view all the answers

Which of the following is not classified as a crime under the current jury laws?

<p>Researching in-depth about the case being tried (A)</p> Signup and view all the answers

What is the role of the Lord Chief Justice?

<p>Head of Criminal Justice and President of the Courts (C)</p> Signup and view all the answers

What is the primary judicial role of district judges?

<p>To act solely as a civil judge in the County Court (C)</p> Signup and view all the answers

Which title holds the highest precedence after the Lord Chief Justice?

<p>President of the Supreme Court (C), Master of the Rolls (D)</p> Signup and view all the answers

Which of the following qualifications is required to become a district judge?

<p>Being a qualified solicitor or barrister for at least five years (D)</p> Signup and view all the answers

How are district judges appointed?

<p>By the Queen on the recommendation of the Lord Chancellor (B)</p> Signup and view all the answers

Who is responsible for the judicial operation of the Supreme Court?

<p>President of the Supreme Court (D)</p> Signup and view all the answers

What is the correct mode of address for district judges in court?

<p>Sir/Madam (C)</p> Signup and view all the answers

What does the title 'Master of the Rolls' signify?

<p>A historical role related to maintaining court records (B)</p> Signup and view all the answers

What does the Judicial Appointments Commission (JAC) oversee?

<p>The appointment process of the judiciary (C)</p> Signup and view all the answers

What is the mode of address for the Lord Chief Justice in court?

<p>My Lord/My Lady (B)</p> Signup and view all the answers

What is a lay member of the Judicial Appointments Commission?

<p>A person with no judicial background residing in England or Wales (D)</p> Signup and view all the answers

Which of the following responsibilities is unique to the President of the Supreme Court?

<p>Issuing practice directions (C)</p> Signup and view all the answers

In which courts are district judges entitled to sit?

<p>Magistrates' Court, Youth Court, and Family Court (C)</p> Signup and view all the answers

Which court does the Lord Chief Justice have the authority to sit in?

<p>All courts including County and Magistrates' Courts (A)</p> Signup and view all the answers

Who oversees the management of a division in the courts?

<p>The President of each respective Division (A)</p> Signup and view all the answers

What is the minimum duration a person must serve as a Deputy District Judge before becoming a District Judge?

<p>Two years (A)</p> Signup and view all the answers

What is meant by the term 'lawyers' in the English legal system?

<p>Professionals including solicitors, barristers, legal executives, and paralegals (B)</p> Signup and view all the answers

How have the roles of barristers and solicitors changed in the English legal system?

<p>There has been a fusion of roles, making them less distinct (A)</p> Signup and view all the answers

Who are considered laypersons within the English legal system?

<p>Magistrates and juries (D)</p> Signup and view all the answers

Which individuals are included in the category of law officers in the English legal system?

<p>Attorney General and Solicitor General (D)</p> Signup and view all the answers

What role do court staff play in the English legal system?

<p>They handle the everyday operations and logistics of the courts (D)</p> Signup and view all the answers

Which statement is true regarding judges in the English legal system?

<p>Judges hold their offices without being state employees (B)</p> Signup and view all the answers

What is a primary function of magistrates in the English legal system?

<p>To try cases in magistrates' courts (A)</p> Signup and view all the answers

Which professionals are considered legal executives in the English legal system?

<p>Specialist lawyers with a specific area of practice (A)</p> Signup and view all the answers

What is the principle that judges must uphold to ensure their independence?

<p>Judicial independence (B)</p> Signup and view all the answers

What can lead to a judge's disqualification from a case?

<p>Connection to a party involved (C)</p> Signup and view all the answers

Which act provides for the tenure of judges in England and Wales?

<p>Senior Courts Act 1981 (A)</p> Signup and view all the answers

What is the appropriate mode of address for superior judges in court?

<p>My Lord/My Lady (A)</p> Signup and view all the answers

Under what condition can circuit and district judges be removed from office?

<p>For misbehaviour or incapacity (C)</p> Signup and view all the answers

Which of the following best defines superior judges according to Gillespie and Weare?

<p>Judges with unlimited jurisdiction not limited by statute (A)</p> Signup and view all the answers

In practice, which case illustrates the principle of natural justice regarding judicial disqualification?

<p>ex parte Pinochet Ugarte (No. 2) (A)</p> Signup and view all the answers

Who has the authority to remove High Court and Court of Appeal judges?

<p>House of Commons and House of Lords petition to the Queen (B)</p> Signup and view all the answers

How many justices compose the Supreme Court?

<p>12 justices (B)</p> Signup and view all the answers

What year was the Act of Settlement that affects judicial tenure enacted?

<p>1701 (C)</p> Signup and view all the answers

What title is used for ordinary judges of the Court of Appeal?

<p>Lord/Lady Justice (C)</p> Signup and view all the answers

Which of the following is NOT a reason for the removal of circuit and district judges?

<p>Incitement of public unrest (C)</p> Signup and view all the answers

What is a unique feature of how Lord Justices of Appeal sit in hearings?

<p>They must sit in groups of three or an uneven number (A)</p> Signup and view all the answers

Which of the following correctly describes Puisne Judges?

<p>They are considered lower-ranking judges in the High Court (C)</p> Signup and view all the answers

Who appoints the Justices of the Supreme Court?

<p>The Lord Chancellor with the Queen's recommendation (A)</p> Signup and view all the answers

What title is designated to the judges who handle serious cases in the Crown Court?

<p>Puisne Judges (D)</p> Signup and view all the answers

Flashcards

What are the responsibilities of the Lord Chief Justice (LCJ)?

The Lord Chief Justice (LCJ) holds the title of President of the Courts of England and Wales and Head of the Judiciary of England and Wales. They also serve as the Head of Criminal Justice, managing the Queen's Bench Division. The LCJ has the authority to preside over various courts like the Court of Appeal, High Court, Crown Court, County Court, and Magistrates' Court.

What is the role of the President of the Supreme Court?

The President of the Supreme Court is responsible for the judicial operations within the Supreme Court. They are also tasked with creating rules and practice directions, allocating justices for cases, and ensuring the smooth running of the court.

What is the role of the Master of the Rolls (MR)?

The Master of the Rolls (MR) is the second-highest judicial position after the LCJ, sharing this role with the President of the Supreme Court. Along with their judicial duties, they are also the Head of Civil Justice in England and Wales.

What are the responsibilities of the Heads of the High Court Divisions?

The Heads of each Division of the High Court (Queen's Bench Division, Chancery Division, and Family Division) are responsible for managing their respective Division. They are accountable for things like ensuring proper training for judges within their division, allocating resources, and overseeing the overall management.

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What are "legal professionals" in England?

Legal professionals in England, including solicitors, barristers, legal executives, and paralegals.

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What is the "fusion of roles" in English law?

The merging of the traditional roles of barristers and solicitors in the English legal system.

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Who are referred to as the "judiciary" in England?

The body of judges in England, who hold office rather than being employed by the state.

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Who are the "law officers" of the English legal system?

Individuals responsible for running the English legal system, such as the Attorney General and the Solicitor General.

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Who are the "court staff" in the English legal system?

The staff who help manage the day-to-day operations of the English legal system, including clerks, ushers, and legal advisers.

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Who are the "laypersons" involved in English law?

Non-professionals involved in the English legal system, such as magistrates and jurors.

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Who are "Magistrates" in the English legal system?

People who volunteer their time to hear cases in the Magistrates' Court, playing a vital role in the justice system.

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Who are "juries" in the English legal system?

Groups of citizens selected to hear evidence and decide on a verdict in the Crown Court.

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Superior Judge

A judge with a high standing within the English legal system holding unlimited jurisdiction, meaning they can make decisions unless a law explicitly restricts them.

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President of the Supreme Court

The presiding judge of the UK's Supreme Court, the highest court in the land.

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Lord Justices of Appeal

The judges who preside over the Court of Appeal, primarily responsible for hearing appeals from lower courts.

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Puisne Judges

Judges within the High Court, known for their broad scope and handling of more serious legal cases.

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Mode of address

The official way to address a judge in a court of law. It denotes respect and formality in the legal system.

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Lord/Lady Justice

A title used to address a judge in the Court of Appeal, indicating their high judicial position.

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My Lord/My Lady

A title used to address judges in the Supreme Court and High Court, denoting their prestigious judicial role.

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Chancellor of the High Court

The designated head of the Court of Appeal, playing a crucial role in the appeal process.

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Jury Secrecy Offence

A criminal offence in which a jury member discloses details of jury room discussions.

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Attempting to Obtain Jury Information

A criminal offence where someone tries to extract information from a jury member about what was said in the jury room.

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Jury Research Restriction

A jury member cannot conduct research outside the courtroom, using information that is not presented during the trial, to influence the outcome of a case.

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Unauthorized Jury Information Disclosure

A criminal offence where a jury member shares information, obtained through unauthorized research, with other jurors during deliberations.

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Intentionally Deviating from Evidence

A criminal offence when a jury member acts in a way that suggests they are not basing their verdict solely on the evidence presented in court.

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Who appoints District Judges (County Court) and how are they different from District Judges (Magistrates' Courts)?

District Judges are appointed by the Queen on the recommendation of the Lord Chancellor. They are not to be confused with district judges in magistrates' courts, who have a quite different role.

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How do District Judges (County Court) compare to District Judges (Magistrates' Courts)?

District Judges are appointed by the Queen on the recommendation of the Lord Chancellor. They are not to be confused with district judges in magistrates' courts, who have a quite different role.

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What type of cases are heard by District Judges (County Court)?

District Judges (County Court) are responsible for hearing procedural matters and nearly all small-claims court matters.

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Where can District Judges (Magistrates' Courts) sit?

District Judges (Magistrates' Courts) are entitled to sit in the Magistrates' Court, Youth Court, and Family Court.

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What is another name for District Judges (Magistrates' Courts)?

District Judges (Magistrates' Courts) are formerly known as "stipendiary magistrates" or colloquially as "stipes."

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What are the qualifications for District Judges (Magistrates' Courts)?

A district judge must have been a professionally qualified barrister or solicitor for at least five years and have sat as a Deputy District Judge for two years.

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What does the Judicial Appointments Commission (JAC) do?

The Judicial Appointments Commission (JAC) is responsible for the appointment of judges, as established by the Constitutional Reform Act 2005.

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Who are the members of the Judicial Appointments Commission (JAC)?

The JAC is composed of 15 members, including a chairman, lay members, and others with legal backgrounds. This diverse composition helps ensure a balanced approach to judicial appointments.

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Judicial Independence

A judge's obligation to be free from influence when making decisions.

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Natural Justice

The principle that prevents a judge from hearing a case where they have a personal interest in the outcome, which could bias their judgment.

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Independence from External Pressures

Judges should be free from pressure exerted by the government, media, or their own personal opinions to make decisions.

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Avoiding Conflicts of Interest

Judges must avoid situations where their personal relationships or interests could affect their ability to be impartial.

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Removal/Retirement of Judges

The ability to remove judges from office based on their conduct or ability to perform their duties.

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Removal of Judges: Misbehaviour or Incapacity

The process where judges are removed from office for misconduct or incapacity. It involves a formal investigation and a decision by the Lord Chancellor.

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Removal of High Court and Court of Appeal Judges

The process where judges of the High Court and Court of Appeal can be removed from office through a petition by both houses of Parliament. This method has never been used in England.

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Tenure of Judicial Office

The principle that judges can remain in office as long as they behave well and are capable of fulfilling their duties.

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Study Notes

  • The English Legal System (ELS) comprises a complex array of professionals, both legal and lay.
  • Traditionally, barristers and solicitors held distinct roles, but roles have since fused.
  • Judges are not state employees, but hold office.

Key Personnel

  • Legal Professionals (Lawyers): This category includes solicitors, barristers, legal executives, and paralegals.
  • Solicitors: Traditionally generalist practitioners, often specializing in one or two areas within a firm (e.g., criminal, family, conveyancing). They are members of partnerships known as "firms" and are admitted to the 'Roll of Solicitors' by the Law Society.
  • Barristers: Specialist advocates instructed by solicitors for court representation. They work in 'chambers' and hold higher rights of audience. They're distinguished from solicitors by working in chambers and the "cab rank rule", meaning they must accept cases within their expertise.
  • Legal Executives & Paralegals: Relatively new professions, and increasingly acting as lawyers in their own right.
  • Law Officers: The Attorney General and Solicitor General, responsible for the ELS's overall operation. They provide legal advice to the government.
  • Court Staff: Clerks, ushers, legal advisors, and others who handle daily ELS operations.

Judiciary

  • Judiciary is the body of judicial officers.
  • Judges act as the interpreters and enforcers of laws, distinct from practicing lawyers.
  • Senior judges include the Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, and others.

Laypersons

  • Magistrates: Part-time unpaid lay judges who preside over cases in magistrates' court and Youth Courts dealing primarily with less serious criminal offenses.
  • Juries: Citizens who act as fact-finders in serious criminal trials. They hear the evidence, reach a verdict, and are essential to the criminal justice system.

Qualifications and Training

  • Solicitors: Traditionally require a law degree and the Legal Practice Course (LPC) plus a training contract; nowadays there's the Solicitors Qualifying Examination (SQE).
  • Barristers: Require a law degree or graduate diploma in law (GDL), and the Bar Professional Training Course (BPTC) and pupillage.
  • Legal Executives (CILEX): Typically require practical training.

Regulation

  • Solicitors: Regulated by the Solicitors Regulation Authority (SRA) and must abide by the appropriate code of conduct, client care principles, and standards of ethics.
  • Barristers: Regulated by the Bar Standards Board (BSB) with a handbook specifying the conduct code.
  • Legal Executives and Paralegals: Regulated by the Chartered Institute of Legal Executives (CILEx) which has its own Code of Conduct.

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Description

Explore the various professionals within the English Legal System, including the differences between solicitors and barristers. Understand the roles of judges and legal executives in this complex framework. This quiz will enhance your knowledge about legal personnel's roles and responsibilities.

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