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Law A Level 1 > Booklet 8 -Legal Personnel and Funding > Flashcards

Booklet 8 -Legal Personnel and Funding Flashcards

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1
Q

Name the 4 Inns of Court a Barrister must be a part of (only have to be a part of one)

A
  • Gray’s Inn
  • Inner Temple
  • Lincoln’s Inn
  • Middle Temple
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2
Q

To become a barrister, you must first pass the…

A

Bar Professional Training Course (BPTC)

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3
Q

After you have passed the BPTC, you will be…

What is the next stage after this?

A

‘Called to the Bar’.

The next stage is pupillage, which is on the job training as a trainee barrister (total of 12 months).

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4
Q

What is the Cab Rank rule?

A

A barrister cannot turn a case away that is in their specialized field.

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5
Q

What level of rights to audience do barristers have?

A
  • Anyone can gain direct access to a barrister for a civil case rather than going to a solicitor first
  • Barristers have rights to audience in all criminal courts
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6
Q

What is the role of a barrister?

A
  • Traditionally advocacy and to give legal expertise to solicitors
  • Examine and cross-examine in courts as well as draft legal documents
  • Barristers mostly specialise in courtroom advocacy and litigation.
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7
Q

What is the role of a solicitor?

A
  • Traditionally advocate only in lower courts, but with special training can represent their clients in higher courts.
  • Direct contact with clients and often give legal advice and draft documents for their clients.
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8
Q

What must solicitors gain to be able to advocate in higher courts?

A

Solicitors must have accreditation under the Quality Assurance Scheme for Advocates

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9
Q

To become a solicitor you must pass the…

A

Legal Practice course (LPC)

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10
Q

After the LPC, what must a solicitor obtain?

A

A training contact to become qualified (work with a solicitor’s firm for 2 years to gain practice experience)
- After this you will be a qualified solicitor

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11
Q

What is the role of legal executives?

A

Legal executives are fee-earning qualified lawyers who undertake similar work to solicitors, specialising in a specific legal area such as litigation or conveyancing. The day-to-day role of a legal executive is similar to that of a solicitor. The training routes are different, however.

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12
Q

How do you train to become a legal executive?

A
  • Pass a professional diploma in law and work in a solicitors firm (or any other legal organisation) for at least 5 years
  • Then they become a fellow to the chartered institute of legal executives
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13
Q

What is the regulatory body for Barristers?

How are they regulated?

A
  • Bar Standards Board
  • Set continuing training standards (for skills that are to be maintained throughout their career)
  • Setting standards as conducts for barristers
  • Handle complaints against barristers
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14
Q

What is the regulatory body for solicitors?

How are they regulated?

A
  • Solicitor’s Regulation Authority
  • Set the principles and a code of conduct (which you have to abide by in order to provide legal services)
  • Supervise firms and individuals who are regulated (they can take enforcement actions against anyone who breaches principles)
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15
Q

What is the regulatory body for legal executives?

How are they regulated?

A
  • Regulation of legal executives
  • Legal services act 2007 established the legal service board as an oversight regulator for existing legal regulations including the chartered institute of legal executives
  • Board provides training, professionalism, publishes standards and code of conduct.
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16
Q

Who are legal ombudsman?

A
  • They deal with complaints against all 3 branches of legal profession
  • They also regulate the regulatory bodies
  • Setup by the office for legal complaints, under services act 2007
17
Q

What are their (legal ombudsman) powers and what can they enforce?

A
  • If both parties agree with preliminary decision made, the complaint is resolved.
  • Make the party apologise, give forward documents needed to put things right, refund/reduce legal fees and pay compensation
18
Q

What is the role of a district judge? (describe)

A
  • Qualified full time salaried judges who sit in the magistrates court, alone.
  • They hear longer and more complex cases of criminal youth and some civil
19
Q

What is the role of a recorder/circuit judge? (describe)

A
  • Part timers and fee paid (no salary)
  • They decide who has won the case
  • They sit with the jury
  • They are the judge deciding the law and sentence in criminal cases.
  • Some deal with specific criminal/civil cases and others are authorised to hear private family law cases
20
Q

What is the role of a high court judge? (describe)

A
  • They are qualified lawyers
  • They have at least 7 years right audience in the high court or they were a circuit judge for at least two years
  • They hear first instant cases and the evidence from witnesses
  • They decide the law and make a decision
  • They sit on their own (loners lol what peasants)
21
Q

What is the role of lords justices of appeal? (describe)

A
  • They are qualified lawyers
  • They have at least 7 years right audience in the supreme court or they were/are existing high court judges
  • They have a heavier work load than supreme court justices (7000 applications of appeal)
  • They sit in a panel of three with a rare occasion of five
  • They work in civil and criminal divisions
  • They deal with appeal
22
Q

What is the role of supreme court justices? (describe)

A
  • They sit in panels of five, seven or nine
  • There are currently only 12 (lol what saddos) (only 1 wo-man)
  • They have the qualification of high judicial office or senior court qualification for at least 15 years (lol they’re old af)
  • Hear about 100 cases per year (appeals and POL)
23
Q

What is judicial independence?

A
  • Independence of the judicial branch of the government from the executive and legislative branches
  • Independent way that judges should reach their decisions by only taking into account the facts and law before them (disregarding political influence and their own wishes)
24
Q

What are the 3 reasons why it’s important to have judicial independence?

A
  • To secure that no political influence is used
  • It is fair, impartial and allows diversity
  • To protect individuals rights and liberties
25
Q

How did the constitutional reform act of 2005 improve judicial independence?

A
  • Lord Chancellor was ‘demoted’ from a lot of power
  • Judges were now allowed to apply and the recruitment was managed by an independent commission
  • Now the appointments are completely separate from the part political influence in choosing judges
26
Q

What is private funding?

A
  • A source of funding in civil cases
  • From a solicitor or barrister.
  • Can be very expensive and in practice it is only an option for businesses and wealthy individuals
27
Q

What is private legal insurance?

A
  • A source of funding in civil cases
  • Most motor/house insurance policies will provide help with legal fees in cases to do with that policy (e.g. road accidents or house accident)
  • Such cover will be provided very cheaply as part of the policy
28
Q

What is conditional fee agreements (CFAs)

A
  • Main way of funding in civil cases
  • Solicitors and barristers can agree to take no fee if the case is lost, however, if it is won they can raise their fee up to double the usual rate
  • Cap on success fee in personal injury cases of 25% of the damages (ensures money is available to pay other side’s legal fees)
29
Q

What is public funding?

A
  • A source of funding in civil cases
  • Very limited in civil cases
  • Not available for tort or contract cases
  • Eligibility for funding depends on a means test which considers disposable income and capital.
30
Q

What must a defendant pass in order to get legal representation in court?

A
  • The ‘interests of justice’ test
  • It will only apply to those who have a chance of losing their liability or livelihood
  • Court also looks at financial aspects
  • Very strict in magistrates
  • Those who pay a contribution due to their higher income, will get refunded if they are found not guilty.

Law A Level 1 (3 decks)

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