Access to justice Flashcards
What is meant by access to justice?
The idea that the legal system should be available to everyone, regardless of their financial situation.
What is public funding of legal services known as?
Legal aid.
What is legal aid?
Financial support provided by the government for legal services.
What is legal aid under the control of?
The ministry of justice following the Legal aid, sentencing and punishment of offenders act 2012. (LASPO)
What did the ministry of justice establish?
The legal aid agency which oversees the provision of legal aid.
What are the 5 levels of legal aid?
Legal help
Help at court
Family mediation
Help with mediation and general family help
Legal representation
.
When is legal aid available?
When the case is eligible, serious or the person can’t afford to pay legal fees.
What is considered when deciding if an individual qualifies for legal aid?
Public interest
Importance to individual
Chance of success
Seriousness of case
What is the means test?
A financial assessment used to determine if someone qualifies for legal aid.
What does the means test check?
The person’s income, savings and assets to see if they can afford to pay.
What is the merits test?
An assessment of whether a case has a reasonable chance of success.
What is an advantage of legal aid?
It ensures some of the poorest members of society obtain legal representation.
What is a disadvantage of legal aid?
Government cuts have forced many legal aid law firms out of business.
What is private funding and why is it risky?
Paying legal fees with your own money. Loser also pays for the winner’s costs.
What is a conditional fee agreement?
An agreement where the lawyer’s fees are only paid if the case is successful.
What is an advantage of conditional fee agreements?
Clients are confident that their lawyer is committed to the case.
What is a disadvantage of conditional fee agreements?
Lawyers don’t want to take on high-risk cases which can deny access to justice for some people.
