Question: Are Magistrates Part Of The Judiciary?

Who comes under judiciary?

Judicial hierarchy and pay scaleRankCourt PostCadre1Chief Justice of IndiaJustice Cadre2Justice of the Supreme Court3Chief Justice of the High Court4Justice of the High Court5 more rows.

What are the powers of judiciary?

Judicial power is the power “of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.”139 It is “the right to determine actual controversies arising between diverse litigants, duly instituted in courts of proper jurisdiction.”140 The …

What does a magistrate judge do?

Although their precise duties may change from district to district, Magistrate Judges often conduct mediations, resolve discovery disputes, and decide a wide variety of motions; determine whether criminal defendants will be detained or released on a bond; appoint counsel for such defendants (and, in the misdemeanor …

How do you address a magistrate judge?

Magistrate Judges should have this title after their name (“The Honorable First M. Last, Magistrate Judge”). It will still be “Dear Judge Last” after that. Commissioners should also have this title after their name (“The Honorable First M.

Is there a shortage of magistrates?

An important part of this, given that the vast majority of criminal cases are dealt with wholly in magistrates’ courts, is the shortage of magistrates. A decade ago there were almost 30,000 but now, driven by a failure to recruit in sufficient numbers, there are fewer than 15,000.

Who is more powerful than a judge?

Judge:MagistrateJudgeA magistrate has less power than a Judge.A judge has more power than a magistrate.A magistrate may not have a law degree.He or she is always an officer with a law degree.He or she handles minor cases.He or she handles complex cases.6 more rows

What are the three types of judiciary?

The judicial system of India is mainly consisting of three types of courts- the Supreme Court, The High Courts and the subordinate courts.

How important is the power of the judiciary?

The Judiciary is the third organ of the government. … From the citizen’s point of view, Judiciary is the most important organ of the government because it acts as their protector against the possible excesses of legislative and executive organs.

Are magistrates paid?

Magistrates are not paid, but many employers allow their employees time off with pay. If you lose out on pay, you can claim an allowance at a set rate, as well as allowances for travel and subsistence.

What punishments can Magistrates give?

All criminal cases start in a magistrates’ court….The court can give punishments including:up to 6 months in prison (or up to 12 months in total for more than one offence)a fine.a community sentence, like doing unpaid work in the community.a ban, for example from driving or keeping an animal.

Do I call a magistrate Your Honor?

“Your Honor” is the best way to address a court magistrate. If the magistrate has to ask multiple questions of you, and with your counsel’s guidance, responding with “yes/no sir” is also appropriate.

What are the 3 major powers of the judicial branch?

The Judicial BranchInterpreting state laws;Settling legal disputes;Punishing violators of the law;Hearing civil cases;Protecting individual rights granted by the state constitution;Determing the guilt or innocence of those accused of violating the criminal laws of the state;More items…

What’s the difference between a judge and a magistrate?

In brief terms, as defined by the online, legal library, a judge is “A public official with authority to hear cases in a court of law and pronounce a judgment upon them.” A magistrate is “Any individual who has the power of a public civil officer or inferior judicial office such as a Justice of the Peace” These …

What are lay magistrates?

In the legal system of England and Wales, there is a history of involving lay people, namely people from the local community who are not required to hold any legal qualifications, in the judicial decision-making process of the courts. They are called justices of the peace or magistrates.

Who Cannot be a lay magistrate?

As long as they are over 18 and can make the time for it, almost anybody can become a magistrate. There are only a few exceptions: Police officers, traffic wardens and members of the armed forces cannot become magistrates. This is to make sure that magistrates are impartial.

Do magistrates need a law degree?

A bachelor’s degree and experience in legal matters is the minimum requirement for a magistrate position. In practice, the magistrate will have completed a law degree (Juris Doctor) program.

How are magistrates selected?

Magistrates are members of the local community appointed by the Lord Chancellor to sit in magistrates’ courts and decide on cases brought before them. Magistrates are appointed from the age of 18 and all magistrates retire at the age of 70.

How are lay magistrates trained?

Magistrates’ training is based on competences; a checklist of knowledge and observable behaviour that magistrates will need to demonstrate in order to successfully fulfil the role. 2. Mentoring: A new magistrate will be assigned a specially trained magistrate mentor.