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A-LEVEL LAW > ACCESS TO JUSTICE AND FUNDING > Flashcards

ACCESS TO JUSTICE AND FUNDING Flashcards

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1
Q

Where does funding for legal aid come from? (1)

A

the governments budget (a set amount is available each year)

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2
Q

how does an individual find out whether they are entitled to legal funding? (2)

A

they must show that they do not have enough money to pay for their own lawyer, their income and capital is considered.

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3
Q

how is disposable income calculated? (5)

A

starting with their gross income taking away:
-tax and national insurance
-housing costs
-childcare costs or maintenance of children
-an allowance for themselves and their dependant.

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4
Q

what civil cases make an exception for legal aid? (3)

A

-those involving children’s rights
-those involving liberty of an individual
-causes heard at mental health tribunals

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5
Q

what is disposable capital? (1)

A

means the assets of the person such as money in a bank or saving account.

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6
Q

what is meant by insurance premiums? (2)

A

clients will often not have to pay anything to their own lawyer if the case is lost, they will usually have to pay the costs of the other side. insurance can be used against this risk.

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7
Q

what problem does a CFA overcome? (2)

A

-the length of a court case is uncertain
-the cost of a court case is uncertain

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8
Q

what does a ‘cap’ on success fees protect? (2)

A

protects the clients from having to pay more than they have win in compensation (can mean that clients have no damages remaining)

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9
Q

what cases exclude legal aid? (3)

A

-since 2013 legal aid is not available for civil cases unless specific under the act or other regulations
-breach of contract cases
-claims in tort (personal injury and trespass)

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10
Q

what are insurance premiums also known as? (1)

A

‘after event insurance’

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11
Q

what is the success fee? (1)

A

the success fee could be up to 100% of the normal fee.

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12
Q

how do CFAs work? (1)

A

a solicitor and a client agree on the fee that would normally be charged for the case (also sets out what the success fee will be).

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13
Q

what is the main point of a conditional fee agreement? (2)

A

works on the basis that if the case if lost, the client pays nothing, referred to as ‘no win, no fee’. some solicitors charge half the normal fee and the success fee.

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14
Q

what does CFA stand for? (1)

A

conditional fee agreement

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15
Q

what is the ‘cap’ on the success fee? (2)

A

there is a ‘cap’ on the success fee in personal injuries cases which prevents it from being more than 25% of the damages that the client wins as compensation.

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16
Q

what are the ways of funding a court case? (3)

A

-own resources
-insurance
-conditional fee agreements

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17
Q

when can clients consult a barrister directly? (1)

A

on issues of civil law (can be cheaper as barristers don’t have such expensive business expenses)

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18
Q

what are the types of legal insurance? (2)

A

-‘before the event’
-‘after the event’

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19
Q

when can CFAs be used? (1)

A

can only be used in civil cases, not criminal cases

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20
Q

what does house insurance cover? (1)

A

offer cover for any legal claims arises such as a visitor being injured on the premises.

21
Q

what do the firms of solicitors in London specialise in? (1)

A

often specialise in commercial law with businesses.

22
Q

what is the average cost of a solicitor outside of London? (1)

A

£150 an hour

23
Q

what is meant by cover by insurance? (1)

A

most motor insurance policies offer cover (for an additional small amount) for help with legal fees in cases arising from road accidents.

24
Q

what is the average cost of a solicitor in London? (1)

A

£600 - £1,000 an hour

25
Q

criminal

what is the difference between the magistrates and crown court means testing? (1)

A

there is no upper limit on disposable income (in crown) most defendants receive legal aid.

26
Q

criminal

what happens under the means test? (2)

A

-eligible for legal aid (because they pass the initial or full means test)
-ineligible )because they fail the initial or full means test) and are therefore expected to pay for legal representation privately.

27
Q

criminal

who automatically passes the means test? (3)

A

-anyone on income support
-defendants under the age of 16
-those under 18 in full time education

28
Q

criminal

what is a statistic for legal aid? (1)

A

3/4 of adults do not qualify for legal aid in criminal cases in the magistrates court (because levels are too low)

29
Q

criminal

who receives free legal aid in crown court? (1)

A

those on low incomes

30
Q

how does the legal aid agency provide support? (2)

A

the agency makes contracts with law firms to provide legal services to people charged with criminal offences (most are solicitors)

31
Q

what is the 2nd factor of the interest of justices test? (1)

A

the case will involve consideration of a point of law.

32
Q

what is the 1st factor of the interests of justices test? (1)

A

whether, if any matter arising in the proceedings is decided against them, the individual would be likely to loose their liberty or livelihood or suffer serious damage to their reputation.

33
Q

what is required from disposable capital to get legal aid? (2)

A

in order to qualify for funding there is a maximum limit for disposable capital of £8,000
-once this has been used they can still be eligible (still have to pay contribution)

34
Q

where is criminal legal aid covered? (1)

A

since 2013 criminal legal aid services have been under the legal aid agency in the ministry of justice.

35
Q

when does an individual fall within the threshold for legal funding? (2)

A

-if the amount after deductions is below a minimum level, the application does not have to pay any contribution to their funding.
-if the disposable income is between the minimum and maximum the person applying for legal help has to pay a monthly contribution.

36
Q

who automatically qualifies for legal funding? (2)

A

-people receiving income support or income-based job seekers allowance (assuming their disposable capital if below the set level)
-if a person set gross income is below a set amount per month.

37
Q

what is considered disposable capital? (1)

A

is a person owns a home the value of their home is taken into account (only the first £100,000 of any mortgage is deducted from the value of the home) which is unfair

38
Q

how does a defendant get legal aid in a criminal court? (1)

A

The defendant has to qualify under the ‘interest of justice’ test and also a means test.

39
Q

what is the 4th factor of the interests of justice test? (1)

A

the case may involve the tracing, interviewing or expert cross-examination of witnesses.

40
Q

what is the 3rd factor of the interests of justice test? (1)

A

the individual is unable to understand the proceedings in court or state their own case.

41
Q

what is the 5th factor of the interests of justice test? (1)

A

it is in the interests of another person that the individual be represented (such as in rape cases)

42
Q

criminal

what is the means test often described as? (1)

A

the ‘in or out scheme’

43
Q

criminal

what court does the strict means test occur? (1)

A

the magistrates court

44
Q

criminal

who is ineligible for legal funding? (1)

A

those above £37,500

45
Q

criminal

who receives legal aid but have to contribute? (1)

A

those on higher incomes (but below £37,500 disposable income)

46
Q

criminal

how much does a defendant that has to contribute to funding have to pay? (1)

A

the higher their income the higher their contribution - the maximum contribution is set by the type of case.

47
Q

criminal

how does a contribution differ if a defendant is not found guilty? (1)

A

if a defendant is found not guilty any contribution paid will normally be refunded.

48
Q

criminal

how does a contribution differ if a defendant is found guilty? (1)

A

if a defendant is found guilty they may also have to pay extra from their capital.

A-LEVEL LAW (50 decks)

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