legal personnel

Question 1

describe role of judge in civil case of tort/contract law

Answer 1

• resolve disputes in a fair, unbiased way
• responsible for pre-trial matters
• at trial: hear evidence, listen to arguments, decide facts and how law applies, remedy or damages

Question 1

describe ‘direct access’ to a barrister and areas of law allowed

Answer 1

• direct access - professionals and public can brief a barrister (additional training)
• areas of law - criminal and civil cases

Question 2

define theory of separation of powers

Answer 2

3 functions of state, safeguard citizens by keeping them separate
* legislature - law making, parliament
* executive - administer laws, government
* judiciary - judges, those who apply the law

Question 3

compare advocacy role of barristers, solicitors and legal executives

Answer 3

• barristers - present case in any court, unless specialised then rarely appear
• solicitors - rights of audience in lower court, have a qualification for higher courts
• legal executives - certificate for county court, certificate for cases in youth, certificate for family court in mags