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#Law crime and legal s > #Exam 1- Access To Justice > Flashcards

#Exam 1- Access To Justice Flashcards

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1
Q

three main difficulties when trying to approach for legal advice

A

no legal understanding
fear of dealing with lawyers
price

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2
Q

who runs legal aid in the UK

A

ministry of justice and the legal aid agency

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3
Q

what act was responsible for making the ministry of justice responsible for running legal aid

A

legal aid, sentencing and punishment of offenders act 2012 ( LASPO)

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4
Q

what are the main services under LASPO

A

help in which advice is given

legal representation for a full case

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5
Q

government funded advice comes in what forms

A

helplines
help in civil cases
the advice in criminal cases

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6
Q

who runs government helplines

A

civil legal advice

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7
Q

what issues may someone call a helpline about

A 
debt
housing 
domestic abuse
family issues 
special education needs
discrimination
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8
Q

how many rang the CLA between 2015 and 16

A

160,000

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9
Q

in civil cases who can gain legal advice

A

those on very low income

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10
Q

who can get advice at a police station

A

anyone

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11
Q

how many suspects were helped by solicitors in police stations in 2016

A

160,000

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12
Q

what is criteria for funding in civil cases

A 
cost and the benefit to providing aid
availability of resources
importance to individual
availability of other services
public interest
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13
Q

what civil cases are mentioned in LASPO of deserving of legal aid

A

children’s rights

liberty of an individual such as mental health tribunals

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14
Q

legal aid is not available for which civil cases

A

tort or contract cases

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15
Q

means testing involves looking at what

A

tax, NI, housing, childcare

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16
Q

what must someone’s disposable income be below in civil cases

A

£8000

17
Q

what is involved in the interests of justices tests

A

1- loose liberty
2-point of law
3-individual unable to present his own case
4- cross-examination of a witness
5-interests of another person eg a rape case

18
Q

who passes the means test in magistrates courts

A

those on income support, under 16 or 18 and in FTE, everyone else is subject to gross income calculation

19
Q

who passes the means test in crown court

A

most people, those with a disposable income under 37,500 are ineligible, those with high incomes may still need to pay for some court fees but will get it back if not guilty

20
Q

what are the main problems with government funding

A

number of solicitors is low
civil cases only legal aid given to certain cases
means test is extremely strict
criteria set by lord chancellor is too strict
lack of government funding ( can be refused if funding has ran out )

21
Q

what are the main ways of private funding

A

own resources- seeing a lawyer yourself
insurance- legal coveridge in motor insurance
conditional fee agreements- “no win no fee” only legal fees occur if case is won typically includes nominal fee then a success fee

22
Q

what is the cap on damages in CFAs

A

25%

23
Q

how much do solicitors typically charge

A

£150 an hour but can be up to £1000 if specialist

24
Q

what are the advantages of CFAs

A

allowed ordinary people to achieve justice

cases such as defamation could now be taken on

25
Q

what are some issues of CFAs

A

smaller cases not attractive to solicitors

only cases with high chance of winning taken on

26
Q

what are the other advice places

A 
citizens advice bureaux
law centres
Trade Unions 
Schemes run by Lawyers 
help line
27
Q

what are the main areas citizens advice bureaux deal with

A 
entitlement to benefits 
debt problems 
consumer issues
housing issues
employment issues
28
Q

how many locations do the citizens advice bureaux operate in

A

2,500 locations

29
Q

how many people are given advice each year due to CABx

A

2.5 million

30
Q

what do law centres do

A

free advice to anyone

31
Q

what do trade unions do

A

offer free member advice

32
Q

what types of schemes are run by lawyers

A

solicitors may offer free half an hour advice

bar pro bono unit- volunteer to give free advice in London

#Law crime and legal s (23 decks)

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