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law-the legal system > legal personnel > Flashcards

legal personnel Flashcards

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1
Q

what does a barrister do

A

advise clients on outcome of case/represent people

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2
Q

who hires barristers

A

solicitors/self employed

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3
Q

who do prosecution barristers work for

A

cps

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4
Q

who do defence barristers work for

A

solicitors

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5
Q

what advocacy do they have

A

present arguments/cross examination

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6
Q

what can they not do

A

defend a guilty person

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7
Q

where do experienced barristers go

A

kings council after 10-15 years

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8
Q

what does a solicitor do

A

provide advice/deal with relationship breakdowns/help businesses with transactions

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9
Q

what do solicitors do in a criminal case

A

ensure prosecution is processed quickly/provide legal advice

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10
Q

what do solicitors do in a civil case

A

issue court proceedings/deal with witness statements/prepare documents

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11
Q

where do experienced solicitors go

A

can become a partner in private practice firm of solicitors/legal training in armed forces

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12
Q

what do legal executives do

A

explain complex matters/prepare documents/research information needed

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13
Q

where do experienced legal executives go

A

can become solicitors

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14
Q

what is the main difference between a legal executive and a solicitor

A

legal executives are specialised in certain areas of the law

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15
Q

what are the 4 bodies that regulate legal professions

A

bar standards board
solicitors regulation authority
chartered institute of legal executives
regulation of all legal professions

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16
Q

what does the bar standards board do

A

focuses on barristers
creates a code of conduct
has training standards
investigates breaches
creates liability between client/barrister

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17
Q

what does the solicitors regulation authority do

A

ensures every solicitor is in the law society
deals with complaints regarding misconduct
gives out punishments
removes solicitors from active duty
contract exists between client/solicitor

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18
Q

what does the chartered institute of legal executives do

A

creates code of conduct
can exclude members
gives out warnings
issues penalties

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19
Q

what does the regulation of all legal professions do

A

offers free service to refer complaints for review

20
Q

when was the regulation set up

A

legal services act 2007

21
Q

what are the 5 types of judges

A

circuit
district
high court
justices of supreme court
lord justices of appeal

22
Q

what cases does a circuit judge do

A

civil/criminal

23
Q

what are some authorised to hear

A

hear public/private family cases

24
Q

what cases do high court judges do

A

serious criminal cases/important civil cases/assist in appeal cases

25
Q

who appoints them

A

monarch

26
Q

what cases do district judges do

A

criminal/youth/some civil

27
Q

what can they be authorised to do

A

hear family cases/terrorist cases

28
Q

what cases do justices of supreme court do

A

appeals on general public

29
Q

what cases do lord justices of appeal do

A

hears appeals from high court of justice/crown court

30
Q

who appoints them

A

monarch

31
Q

what is the separation of powers in place for

A

ensures no function gains too much power

32
Q

what are the 3 functions

A

legislature
executive
judiciary

33
Q

what is the legislature focused on

A

law makers(parliament)

34
Q

what is the executive focused on

A

law administrators(government)

35
Q

what is the judiciary focused on

A

law appliers(judges)

36
Q

what is immunity from suit

A

no person taking part in a legal proceeding can be sued for anything said or written in the course of the proceeding

37
Q

what is the security of tenure

A

offers protection by ensuring an office holder cannot be victimised for excercising their powers/duties

38
Q

which judges can be members of parliament

A

lord chief justice
part time judges

39
Q

which judges cannot be members of parliament

A

supreme court justice
full time judges

40
Q

what did the creation of the supreme court 2009 seek to achieve

A

complete seperation between senior judges and upper house of parliament to get independance

41
Q

what % of the judiciary are normally over 50

A

76%

42
Q

what is an advantage of older judiciary

A

more expensive

43
Q

what % of the judiciary are normally women

A

20-30%

44
Q

what is an advantage of women in the judiciary

A

more sympathetic

45
Q

what is a disadvantage of not having women

A

less diversity

46
Q

what % of the judiciary is normally from BAME background

A

8%

law-the legal system (7 decks)

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