Which 2 courts hear criminal trials? - Magistrates Court - Crown Court 1. Where can summary offences only be tried? - At the Magistrates Court because they are a less serious offence. E.g. driving offences, common assault and criminal damage. 2. Where can indictable offences only be tried? - At the Crown Court because these are more serious offences. E.g. murder, manslaughter, rape and robbery. 3. Where are triable either way (TEW) offences tried? - Either
Q1) Assess the value of the doctrine of Judicial Precedent in the English Legal System. Describe methods available to judges to avoid some of the effects of this doctrine. (25) ANS) Judicial precedent refers to the source of law where past decisions of the judges create law for the future judges to follow. Principles are the important part of the judgment and are known as ratio decidendi which means the reason for deciding. This is what creates a precedent for judges to follow in future cases.
hears the word Judge the first thing that pops into someone’s head is a power crazed individual that likes to send people to prison. They are also thought to be mean people who already have their mind made up and do not care what the defense says because they are in cahoots with the prosecutions. What the community does not understand is the judge has more on their plate because they have to be impartial to both sides, and after working in the courthouse I have found that most judges are really hard
The Proper Role of Judges: Compatible with Compassion? Richard Garlikov With President Barack Obama’s nomination of Sonia Sotomayor to the Supreme Court, a controversy has broken out (as usual and predictable) over the proper role of judges in our particular constitutional system of government. President Obama has said he wants to appoint a justice who not only has all the legal expertise necessary but who understands with compassion how legal decisions impact the lives of ordinary people, particularly
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Do judges make law? And should judges make law? This is a very big controversial question that does a judge make law; in the reply of this question Lord Radcliffe said that “of course, does. How can he help it?” in making individual decisions courts are not only just deciding for the individual parties to the case, they may be also deciding the law for those litigants that come after the particular case before them. According to the separation of powers there are three different organs in state:
Who judges the Judges? Appointment. Before the 2005 constitutional reform act the appointment of judges was a process managed by the Lord Chancellor who was, at that time, head of the judiciary. The process was described as a “tap on the shoulder” it appeared to appoint judges who were generally of high calibre however they tended to be mainly of similar background. Graduates of Oxford and Cambridge were they majority of the appointees. Since the 1960s more and more women came to practise law but
QUESTION DO JUDGES MAKE LAW, DISCUSS When laws are enacted, in spite of the best effort and capacity of the legislature, they cannot foresee all possible situations in the future to which that law requires application. New situations develop and the law has to be interpreted for the purpose of application to them in real time. That is the area or field of judicial resourcefulness to fill in the space between the existing law and the law as it ought to be. The judges have to be vigilant to the
Consistency & Fairness: Precedent provides consistency and fairness because defendants know they will receive the same treatment no matter where their case is heard or who is hearing the case. As in sport, the rules of law will be applied equally to both sides. Precedent also means that judges cannot make random or arbitrary decisions because judges are bound to apply binding precedent in similar cases.'Everyone is treated equally' and will get same punishment for the same case or offence. For
The doctrine of precedent, or stare decisis, lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts, a decision of a higher court will be binding on a court lower that it in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court deciding the new