General

Question 1

ACTION

Answer 1

A case which is commenced by a Claimant against a Defendant in a civil court.

Question 2

ATTENDANCE NOTE

Answer 2

An attendance note will be completed to record what was discussed and decided during an interview (when a solicitor interviews a client).

Question 3

ATTESTATION CLAUSE

Answer 3

A clause in a document that are typed immediately after the concluding words which confirms that the relevant party has executed the document.

Question 4

BARRISTER

Answer 4

A barrister is a person who has qualified by passing the Bar Council exams and completed training. Their role is to give legal advice and advocate in court.

Question 5

CHAMBERS

Answer 5

Offices used by barristers.

Question 6

CHARTERED LEGAL EXECUTIVE

Answer 6

A Fellow of the Chartered Institute of Legal Executives (FCILEx) has passed exams set out by CILEx and has 3 years experience. Similar duties of a solicitor.

Question 7

CILEx

Answer 7

The Chartered Institute of Legal Executives is an awarding body and provides qualifications and sets up the professional standard.

Question 8

CIVIL PROCEDURE RULES

Answer 8

The rules which apply to Actions in the civil court.

Question 9

COMMON LAW

Answer 9

Same principle were adopted in the different parts of the country. It can also be know as judge made law.

Question 10

CONFIDENTIALITY

Answer 10

Client’s details must never be disclosed to any third party without prior approval of the client. This could result in disciplinary.

Question 11

CONFLICT OF INTEREST

Answer 11

A solicitor is not usually able to act for both parties. A conflict search is made in the firms records to ensure they do not act for the other side.

Question 12

DELEGATED LEGISLATION

Answer 12

Parliament passes an ‘Enabling Act’ which delegates to other people or organisations the authority to alter the law. Example by-laws.

Question 13

DISCLOSURE OF DOCUMENTS

Answer 13

Parties to an action must disclose to each other documents in their possession relating to the action.

Question 14

DRAFT

Answer 14

All documents are produced in draft first. It may be altered until everyone is happy with it, this is a ‘working document’.

Question 15

DX

Answer 15

Document Exchange – private postal system used by solicitors and ssociated services.

Question 16

ENDORSEMENT

Answer 16

Often called a ‘backsheet’. It wraps around the document and indicates the type of document.

Question 17

ENGROSSMENT

Answer 17

The final version of a document with all the agreed alterations and without error ready for execution.

Question 18

EXECUTION

Answer 18

When a document has been agreed and engrossed it is ready to be signed by all parties.

Question 19

FEE EARNER

Answer 19

Anyone who earns money for the firm for example a solicitor, FCILEx, clerk.

Question 20

HATCHING PLANS

Answer 20

Plans which are attached to a document that have appropriate portion of land clearly indicated. Often done by hatching, colouring or outlining an area.

Question 21

JUDICIAL PRECEDENT (CASE LAW)

Answer 21

End of an important case a judge makes a speech stating principles of law used to make the decision. Subsequent cases will then be judged on the same principles.

Question 22

LAW REPORTS

Answer 22

Able to follow previous decisions made (judicial precedent), decisions must be accurately recorded. Important cases are written in law reports.

Question 23

LAW SOCIETY

Answer 23

Representative body for solicitors and also determine how trainee solicitors should be qualified.

Question 24

LEGAL FUNDING

Answer 24

Support to fund a case. The Legal Aid Agency oversees the public funding.

Question 25

MATTER

Answer 25

Proceedings other than an Action for example matrimonial matters

Question 26

PRECEDENT

Answer 26

(a) Something which serves as a model for a future case (cookie cutter).
(b) A ‘precedent document’ is a template.

Question 27

RIGHTS OF AUDIENCE

Answer 27

A right of lawyer to appear and conduct proceedings in a court on behalf of the client.

Question 28

SEWING

Answer 28

This is a method to bind documents together so that they are securely together. Many firms use heat binding however, some firms still like their documents sewn up.

Question 29

SOLICITOR

Answer 29

Someone who passed examination set out by The Society. Solicitors deal will all aspects of law and give advice.

Question 30

SOLICITOR ADVOCATE

Answer 30

Qualified solicitor who has passed an additional advocacy qualification similar to a barrister. Rights of audience in the Crown and High Courts.

Question 31

STATUTE

Answer 31

An Act of Parliament for example a law passed by Parliament.

Question 32

TESTIMONIUM CLAUSE

Answer 32

Authenticating a clause in a document by signing in the presence of a witness.

Question 33

TIME RECORDING

Answer 33

Fee Earners’ time spent on clients is recorded and charged to the client.