• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

role of judges in civil cases

Extracts from this document...

Introduction

Describe the roles of judges in civil cases, both in trial courts and appeal courts. The work that a judge does depends on the level of court that he works in. Before trying a civil case the judge reads the relevant case papers and becomes familiar with their details. The vast majority of civil cases tried in court do not have a jury - libel and slander trials are the main exception - and the judge hears them on his own, deciding them by finding the facts and then applying the relevant law to them - there may be considerable argument about what that law actually is, the judge has to interpret it, often to find parliaments intent when passing the act. Judges also play an active role in managing civil cases once they have started, helping to ensure they proceed as quickly and efficiently as possible. The judge ensures that all parties involved are given the opportunity to have their case presented and considered as fully and fairly as possible. ...read more.

Middle

paid out by the parties, the fees of expert witnesses, earnings lost, travelling and other expenses incurred by the parties and their witnesses in getting to and from court. The general rule is that the unsuccessful party will have to pay the successful party's costs, the judge has a wide discretion to depart from this rule. The judge's decision on this part of the case will be highly crucial to the parties as it could outweigh the sum of damages that was awarded to the claimant! There are 37 Lord Justices of Appeal, they sit in both civil and criminal divisions of the Court of Appeal. They may be against the finding of liability or an appeal about the remedy awarded - e.g. the amount of money given as damages. They usually sit as a panel of 3 to hear cases, on rare occasions in important cases there may be a panel of 5. They are referred to as Lord Justice or Lady Justice. ...read more.

Conclusion

All other judicial appointments are made by the judicial appointments commission. There are 15 members of this commission; 6 lay members, 5 judges - 3 from the court of appeal or high court plus 1 circuit judge and 1 district judge, 1 barrister, 1 solicitor, 1 magistrate, and 1 tribunal member. Appointments are made solely on merit, the commission is responsible for assessing the merit of the candidates, no candidate can be appointed unless recommended by the commission. The Lord Chancellor has limited powers in relation to each recommendation for appointment. The powers of the Lord Chancellor have been criticised. The chairman of the commission said the system still had loopholes if anyone was determined to meddle with the merit based appointment. Positions are advertised widely in newspapers, legal journals and online. It also runs road shows to communicate and explain the appointments system to potential applicants. The commission has listed 5 qualities that are desirable for a good judge: intellectual capacity, integrity, independence of mind, sound judgement, decisiveness, objectivity, and willingness to learn, ability to understand and deal fairly, authority and communication skills, efficiency. Ed Dalton ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Using Cases to illustrate your points critically, decribe the Homocide Act 1957 and include ...

    GBH means "really serious harm". The test for determining this is a subjective test, S.8 of the Criminal Justice Act 1967 stated that the important thing to look for in cases was what the D actually foresaw and intended, not what the D should have foreseen or intended.

  2. Free essay

    Jury and Magistrate Exam Questions

    All 12 jurors should reach the same verdict, but a majority verdict can be accepted by the judge when all of the juror cannot agree. In this situation at least ten of the jurors have to agree. The jury is independent and should be free from bias.

  1. Free essay

    police powers

    The power to search premises - The police have the power to search premises to get enough evidence for their case, the police have the power to enter a person's premises with out their permission if the have a warrant authorising the search this will be issued by a magistrate.

  2. List and explain the six most important cases for the law on insanity, explaining ...

    If one read for ?disease of the mind? ?disease of the brain?, it would follow that in many cases pleas of insanity would not be established because it could not be proved that the brain had been affected in any way, either by degeneration of the cells or in any other way.

  1. Sources of the English Legal System and the Relationship between Legislation and Judicial ...

    However, the judges have no power to question the validity of the Acts of Parliament. Secondly, there is a relation through ambiguity which means ?vague/unclear?. In this case, the judges also change the law if there is ambiguity and there is a need for interpretation.

  2. Nina runs a burger bar. She puts up a sign in the window saying ...

    (which provide for different ways of committing the offence)." In Nina's case fraud by false representation, subsection 2(a) could be brought. There are a number of key elements that need to be examined in regards to Nina's false advertising. The actus reus is that the defendant must 'make a false

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work