ELS-The judiciary and legal aid Flashcards
2 types of judges.
Superior judges
Inferior judges
Superior judges.
Justices of the Supreme Court
Lord Justices of Appeal
High Court Judges
Inferior judges.
Circuit judges-Crown Court and County Court
Recorders- part-time judges sit for 5yrs in Crown/County Courts
District Judges in the County Court
District Judges (Magistrates Court)
What does independence of the judiciary promise?
Security of tenure (job)
Immunity from executive (law-making)
Immunity from suit (legal action/lawsuit)
Independence from case
Why does independence of judiciary matter?
It is a key element of democracy
Independence from specific case ensures judges are impartial so justice is done
Sources of legal advice.
Help lines
Trade Unions
Citizens Advice Bureau
Pro Bono Bar Unit
Laws centres
What sort of advice and information must legal advice sources give?
Free
Impartial
Independent
Confidential
Through what ways could private funding of civil cases take place?
Own resources
Insurance
Conditional fee arrangements
What are conditional fee agreements often?
“No win, no fee”
Even if C does not have to pay his lawyer, what may he have to pay?
The winner’s legal costs
What may parties do to avoid paying the winner’s legal costs?
Take out “after-the event” (type of insurance)
If the client wins in a “no win, no fee” situation, what does the lawyer typically take?
A “success fee” and a proportion of the damages (capped at 25% in personal injury cases)
Is money from the government’s legal aid budget usually given to people fighting civil cases?
No-not usually available for tort of negligence and contract disputes.
There are some areas of Civil Law where Legal Aid Funding is available.
Give an example of an area where Legal Aid funding may be available?
Mental Health Tribunals-where the liberty of the individual may be at stake.
After what will an individual receive Legal Aid in certain circumstances?
Means testing based on 2 factors.
