Legal Personnel

Question 1

what is the role of a legal executive?

Answer 1

providing legal advice to clients
corresponding with them and explaining complex legal matters
liasing with fellow professionals on behalf of clients
researching information/prepping documents

Question 2

how are legal executives regulated?

Answer 2

represented by CILEX
regulated by CILEX regulation board
complain to the firm, then they he regulation board, then the legal ombudsman

Question 3

what is the role of solicitors?

Answer 3

working in firms, giving advice on issues
drafting documents/contracts
negotiating with clients
can advocate in lower courts

Question 4

how are solicitors regulated?

Answer 4

represented by The Law Society
regulated by Solicitors Regulation Authority
complain to the firm, then regulation board, then a legal ombudsman

Question 5

what is the role of a barrister?

Answer 5

advocate in court
work in chambers
self-employed
cab rank rule

Question 6

how are barristers regulated?

Answer 6

represented by The Bar Council
regulated by The Bar Standards Board
complain to The Bar Standards Board
then Disciplinary Tribunal of the Council of the Inns of Court
then the barrister may be struck off

Question 7

what are the superior judges and what experience is required for each?

Answer 7

High Court Judge - 7 years
Justices of the Appeal - 7 years
Justices of the Supreme Court - 15 years

Question 8

what are the inferior judges and what experience is required for each?

Answer 8

Circuit Judges - 7 years
Recorders - 7 years
District Judges - 5 years

Question 9

what judge(s) sit at the supreme court and what is their role?

Answer 9

justice of the supreme court.
hear both civil and criminal appeals on points of law and public importance.

Question 10

what judge(s) sit at the court of appeal and what is their role?

Answer 10

Justices of appeal.
Hear civil and criminal appeal cases in the relevant division.

Question 11

what judge(s) sit at the high court and what is their role?

Answer 11

High Court Judges.
Hear cases in one of 3 divisions.
Civil cases of first instance and both criminal & civil appeals.
Decide liability and award appropriate remedy.

Question 12

what judge(s) sit at the crown court and what is their role?

Answer 12

Circuit judges and part-time recorders.
Hear some triable either way matters and all indictable matters.
Analyse jury and pass sentence.
Hear appeals from magistrates.

Question 13

what judge(s) sit at the county court and what is their role?

Answer 13

Circuit judges, part-time recorders and district judges.
Hear all civil cases.
Decided liability and award appropriate remedy.

Question 14

what judge(s) can sit at the magistrates court and what is their role?

Answer 14

District judges.
Will sit in magistrates court instead of magistrates for complex cases.
Hear summary and triable either way matters.
Decide verdict and pass sentence.

Question 15

what is the separation of powers?

Answer 15

government - decides law
parliament - makes law
judges - apply law

Question 16

what is judicial independence?

Answer 16

ensures fair and impartial justice is achieved.
judge is independent from others arms of state.

Question 17

how is judicial independence achieved?

Answer 17

security of tenure.
sitting independently.
unbias.
separation of powers.
checks in place to ensure they are ignoring pressures from gov/parliament.
salaries are set by an independent body.
independence from the case.

Question 18

what are some advantages of the judiciary?

Answer 18

legal knowledge
experience
independence
can make law
more consistent than magitstrates.

Question 19

what are some disadvantages of the judiciary?

Answer 19

lack of diversity.
naming law goes against separation of powers.
not a set career.
lack of control - no judge has ever been sacked.