LEGAL PERSONELLE Flashcards
(61 cards)
1
Q
Solicitors - how many?
A
- approximately 149,000 legally qualified solicitor working in the ELS
2
Q
Solicitors - how are they employed?
A
- majority are employed in firms
- either high end street firms offering a rename of services or in city commercial firm’s
3
Q
Solicitors - who do they work for?
A
- some work for councils, the CPS or in house for a big business
- usually first point of contact for someone with a legal problem
4
Q
Solicitors - what area of law?
A
- most specialise in just one area of law
- eg - crime, family
5
Q
Solicitors - what kind of work?
A
- contentious (involves disputes) and non-contentious (work involving drafting legal documents, setting up companies, drafting wills & conveyancing)
6
Q
Solicitors - how do they deal with clients?
A
- meet & advise client
- arrange funding
- prepare case for trial/stettlement
- gather evidence, draft documents, negotiation & sometimes referring cases to barristers
- most of the paperwork
7
Q
Solicitors - advocacy?
A
- can do advocacy (present case in court) in lower courts
- ned an extra qualification for higher courts - a certificate of advocacy
- may instruct a barrister to do the advocacy if the case proceeds to trial
8
Q
Solicitors - regulatory body?
A
- qualified solicitors are all members of their professional body - the law society
- the solicitors regulation authority is the “regulatory” body
9
Q
Solicitors regulation - The solicitors regulation authortiy
A
- the “regulatory” body which controls the “profession”
- sets standards solicitors are expected to meet
- set the training & entry requirements for people to become a solicitor
- set the code of conduct (eg client care)
- can also take disciplinary measures against their members
10
Q
Solicitors regulation - clients?
A
- clients can take complaints to the from the to the independent body - the office for legal complaints
- can sue solicitors in contact law as there will be a contact
- clients can sure solicitor in contract law as there will be a contact
- clients & others effected can sue solicitor in the tort of negligence for advice, paperwork & advocacy
11
Q
Legal executives - how are they employed?
A
- non-graduate or apprenticeship route into law
- still qualified legal professionals
12
Q
Legal executives - who do they work for?
A
- work in law firms
- can also work for other places like the council & CPS
- while training they are supervised by a solicitor or qualified legal executive
13
Q
Legal executives - what area of law?
A
- specialise in one area of law
- eg family or crime
14
Q
Legal executives - what kind of work?
A
- case preparation
- litigation (contentious cases) & other work including wills & conveyancing (legal work that doesn’t involve a dispute)
15
Q
Legal executives - how do they deal with clients?
A
- advise clients
- sort funding
- gather evidence
- negotiate with the other side
- draft documents
16
Q
Legal executives - advocacy?
A
- can only do advocacy if they do an extra qualification in the area they specialise in
- they will do a certificate in advocacy in criminal/family/civil ligation
17
Q
Legal executives - qualifications?
A
- once qualified they can go on to become a qualified solicitor or a lower-level judge (district judge) or a tribunal judge
18
Q
Legal executives - regulatory body?
A
- professional body/organisation in CILEX
19
Q
Legal executives regulation - CILEX?
A
- the regulatory body which controls the profession by setting the standards for legal executives
- sets the training & entry requirements
- keep a list of people who are fit & proper to practice as a solicitor
- set codes of conduct
- can take disciplinary measures - fining, suspending, stopping them working
20
Q
Legal executives regulation - clients?
A
- clients take their complaints to the firm & then to the independent body - the office for legal for legal complaint’s
- clients can sue legal executives in contract law as there will be a contact
- clients & others effected can sue legal executives in negligence for advice, paperwork & advocacy
21
Q
Barristers - how many?
A
- around 15,000-16,000 qualified barristers
- qualified legal professions
22
Q
Barristers - how are they employed?
A
- most are self-employed & worked in a group called “chambers” (groups of 10-100 barristers), sharing the cost of the building & admin & clerk who organises their diary, work & fees
- some employed by the public defender service by large companies
- receive work from CPS or scoliosis
- can also work directly from clients - “direct access”
23
Q
Barristers - what area of law?
A
- specialise in one area of law
- eg crime or family
24
Q
Barristers - what kind of work?
A
- meet with clients and give written & oral on case
- draft documents & negotiate
- expert advocates (up to UKSC)
- appear for prosecution, the defence or the claimant
- do opening/closing speeches & the examination in chief & cross examination
- top 10% are called King’s Counsel or silks they do the most high profile cases
25
Barristers - cab rank rule
- the cab rank rule requires barristers to take the next case sent to them (if free and it is their specialism)
26
Barristers - Inns of Court
- all barristers are members of professional associations called the inns of courts
- offer training, support and help
- eg Grays Inn, Lincoln’s inn
27
Barristers - professional body/organisation?
- professional body is the “regulatory body”
28
Barristers regulation - the bar council
- the bar standards board is the regulatory body which cools the profession
- sets standards, training & enrty requirements for people to become a barrister
- sets standards code of conduct - eg client care
- can take disiplary measures - fining, suspending, stopping them working
29
Barristers regulation - clients?
- clients take their complainants to the head of chambers & then to the independent body - the office for legal complaints
- clients can only sure barristers in cataract law if they instructed them directly (direct access)
- clients can sure barristers in tort law for negligence advice & paperwork & all negligecne advocacy
30
Superior judges - lord justices of Supreme Court
- 12 judges who sit as a panel of (3,5,7,9 or 11)
- 11 on recent Brexit case
- 60 appeals each year
- both civil and criminal
- involve human rights and points of law with national/public importance
31
Superior judges - lord justices of appeal
- judges who sit in a panel of 3 0r 5
- civil & criminal appeals
32
Superior judges - high courts judges
- sit in three divisions in the high court
- also serious cases in the crown court
33
Inferior judges - circuit judges
- sit in both high court & crown court
- hears both civil & criminal cases
34
Inferior judges - recorders
- part time judges
- usually sit in the crown court and sometimes the county court
35
Inferior judges - district judges
- district judges who hear all small claims and other matters in the county court
- district judges in the magistrates court
36
Superior judges
- lord justices of Supreme Court
- lord justices of appeal
- high court judges
37
Inferior judges
- circuit judges
- recorders
- district judges
- tribunal judges
38
Role of all judges
- make independent & impartial/unbiased decisions in legal cases
- apply the laws of the English system
- roles of the judge differs dependent on heater its a civil/criminal case & whether its a first instant case or appeal
39
Role of judges in first instance/inferior courts
- in both civil & crim the judges role is to ensure that hearing is carried out fairly
- preside over/manage the court room
40
Role of judges - civil trials
- cases heard in county or high courts and above by circuit/district/high court judge
- at first instance the civil judge will decide the relent law, liability & remedy
- occasionally it with a jury & advise about the law
- jury will decide liability & compenation
- judge can reduce this
41
Role of judges - criminal trials
- may be heard in crown court with single judge (circuit judge/recoder)
- sits with a jury, decides reliever law, verdict & sentence as well as handling preliminary matters such as bail
- an inferior judge can also sit with two magistrates to hear appeals from mags court
42
Role of judges - crim & civil appeal courts - who hears?
- very similar for crim & civi judges
- civ - heard by high court judges, lord justices of appeal & lord justices of Supreme Court
- crim - heard by circuit judges , high court judges (KBD),lord justices of appeal & lord justices of the Supreme Court
43
Role of judges - appeal courts
- panel of at least 3 judges
- role is to grant leave for appeals and then hear them
- judges review the first instance trial & decide if law was applied correctly
- can reject the appeal, change verdict, sentencing, order a re-trail
- judges make important question of law & make judicial precedents
44
Composition of the judiciary - women
- cration of JAC as increased the number of women in profession
- only 3/12 on the UKSC are female (Lady Hale was first appointed in 2004)
- 9/39 female CA judges (none in 1990s)
- 2016 - 25% of circuit judges, 17% of recorders, 30% of district judges were female
- JAC appointed more new female judges than new male judges
- constructional reform act - increased gender equality
- the equal opportunity commission said it might take 30 years to see equality
45
Composition of the judiciary - ethnic minority groups
- number of BME background has improved
- no BME background judges in the 1990s
- 3 BME high court judges,17 circuit judges, 7% of recorders, 8% of district judges
- no BME on the CA or UKSC
- change occuing slowly
46
Composition of the judiciary - social & educational background
- majority of high level judges have been pribvalry educated and went to Cambridge or Oxford
- higher number of super jusges have been privatised educated than infierior (11/16 HC judges were rivalry educated and only 1/6 disrupt judges are privately educated)
47
Career judiciary - yes
- are much younger meaning they are more in touch with society & those they are judging
- judges will have had far more specific training & be better equipped for the job
48
Career judiciary - NO
- Judges may be biased and ave conflict of interest
- means they are less independent than our judges & may have bias towards the government
- young career judge lack the experience that out judges have
- our judges have usually worked as lawyers in courts years before joint the judiciary
49
The theory/doctrine of the separation of powers
- French political theorist called Montesquieu
- based on idea that the three main arms/functions of the state are kept separate from each other
- the arms/bodies act as checks and balances on eachother
50
Separation of powers - the legislature
- in the UK is out parliament
- the king (when making laws)
51
Separation of powers - the executive
- government in the UK which puts the laws into effect & manage the nations through gov ministries/departments
52
Separation of powers - the judiciary
- judges who interprets, apply and enforce the law
53
Separation of powers - complete separation?
- don’t have a complete separation
- eg Lord chancellor is also and MP, a gov minister with a role in the judiciary
54
Separation of powers - improvement?
- the constitutional reform act 2005 made significant improvements
- removed the judicial function of the HOL, our final national appeal court & set up the UKSC in 2009
- also created the judicial appointments commission, reducing the LC’s involvement in appointing judges
55
Separation of powers - controls
- arms of the state exercise some controls on each other such as the judiciary interprets law made by parliament & the judiciary can carry out the judicial review
- a procedure t decide if parliament have acted legally & properly (Miller)
56
Independence of the judiciary
- the independent of the judiciary is crucially important in the English legal system
- adopt a number f staregie in an effort to protect it
- usages are expected to be impartial & unbiased to ensure that people respect judges & will uphold the law
57
Independence of the judiciary - financial influence
- independent is maintained by paying large salaries
- prevents them from being bribed
- keeps them free from outside finacial influences
- lowest level of judge is payed approximately 100,000 a year
58
Independence of the judiciary - political pressure
- free from political pressure
- move from HOL to UKSC helps to keep the judiciary separate from government & parliament
- judiciary went against the government in the case of Hutchinson refusing to convict & remove women protesting against nuclear weapons near miltary bases
59
Independence of the judiciary - sectors of tenure
- we allow the judiciary to enjoy security of tenure
- free to make very independent decisions without fearing of being sacked
- almost impossible to sack superior judges
60
Independence from judiciary - immunity from prosecution
- jusges have immunity from prosecution
- only have the right to appeal
- cannot be sued for decisions made in court
61
Independence from judiciary - conclusion
- independence of the judiciary is very important o English law system
- crucial to any case
- must be impartial, free from outside, personal or poltical influence
- if people feel the legal system is fair, they are more likely to uphold & respect the law
