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OCR A-LEVEL LAW PAPER 1 SECTION A > legal personnel > Flashcards

legal personnel Flashcards

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1
Q

Areas, workplace, activities, Promotion, Rights of Audience

role of barristers

A
  • areas of law -> commercial, crimina, PI, family etc
  • workplace - chambers, CPS, 60+% London, Self-employed
  • Activities -> advise, legal research, write opinions, negotiate settlements , draft documents
  • Promotion - KC after 10 yrs + successful application
  • full rights of audience in all courts
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2
Q

regulation of barristers

A

Bar Standards Board (BSB)
- standards of entry
- Code of Conduct
- disciplinary action

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3
Q

Representative body - Barristers

A

General Council of the Bar
- promote high quality & specialist services
- express Bars view @ gov.

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4
Q

role of solicitors

A
  • meet w. clients
  • take instructions from clients
    draft letters contracts + other legal doc.
  • negotiation
  • advocacy -> tribunals and lower courts -> rights of audience
  • can apply higher rights of audiene (solicitors higher rights of audience Reg. 2011)
  • workplace -> private practice, CPS, gov., businesses/org.
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5
Q

regulation of solicitors

A

Solicitors Regulatory Authority
- Training standards
- Code of Conduct
- Deal w/ complaints

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6
Q

Representative body - Solicitors

A

Law society

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7
Q

role of legal executives

A
  • trained lawyer that specialises in one type of law
    i.e conveyancing, family, probate, PI
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8
Q

regulation of legal executives

A

chartered Institute of Legal Executives (CILEx)

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9
Q

make a complaint against a barrister

A
  1. Head of Chambers using their complaints procedure process
  2. BSB if not resolved
  3. Disciplinary tribual
  4. Legal Ombudsman
  5. Sue -> negligence of written advice/opinions - Saif Ali v Sydney Mitchell (1990)
    -> negligence of advocacy - Hall v Simons (2000)
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10
Q

make a complaint against a solicitor

A
  1. solicitor firm complaints procedure
  2. Solicitors Regulatory Authority
  3. Disciplinary tribunal
  4. Legal Ombudsman
  5. Sue -> negligence White v Jones (1995)
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11
Q

role of judges in court of first instance (at trial)

A

-ensure hearings are fair
- Decide questions of law
- 1 Judge

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12
Q

role of judges in Appeal Courts

A
  • law applied correctly @ first instance
  • PoL CA + SC
  • Judicial Review (under HRA 1998)
  • 3 +
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13
Q

role of judges in civil courts

A
  • allocate correct track
  • decide outcomes + damages
  • small claims - help parties put case
  • case management
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14
Q

role of judges in criminal courts

A

Mgs Ct:
DJ/MGS Verdict + sentence
CC:
sum up for Jury + sentence

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15
Q

inferior judges

A

Judges in courts below the HC

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16
Q

superior judges

A

Judges in HC or above

17
Q

role of judges - supreme court justices

A
  • superior
  • Supreme Court
  • work = 100 cases/yr + civil/criminal appeals of PoL of General Public importance
  • panel of 5 (potentially more)
18
Q

role of judges - Lord/Lady Justices of Appeal

A
  • Superior
  • CofA
  • civil/criminal appeals PoL
  • Panel of 3
19
Q

Role of judges - High court Judges

A
  • Superior
  • HC + CC
  • Main task -> complex civil cases i.e Multi track + appeals from CoC as 1
  • task -> Criminal cases CC -> 1 + jury
  • Appeals from Mags’ -> 1 + 2 Mags
20
Q

role of judges - circuit judges

A
  • Inferior
  • CoC + CC
  • Serious criminal cases -> 1 + Jury
  • Civil cases -> i.e fast track -> 1
21
Q

role of judges - district judges

A
  • inferior
  • CoC + Mag
  • civil cases i.e tort and contract i.e small claims track (under £10,000)
  • criminal cases -> summary + some TEW
22
Q

role of judges - Magistrates

A
  • inferior court
  • 97% of criminal cases
  • Summary + TEW
  • Early Admin Hearing
  • Panel of 3
23
Q

role of judges - tribunal judge

A
  • inferior
  • deal w/ certain types of disputes that cant be dealt with in court
  • 1 + 2 lay members
24
Q

background, education, women, ethnicity, age

is the judiciary ‘out of touch’ - yes

A
  • background - White, male, upper class and elderly (majority) -> very privileged lives
  • Education - (c.80%) oxbridge & fee-paying schools esp. superior judges
  • Women - HC, CA, SC= 1/4 women
  • Ethnicity - 8% of court judiciary
  • Age- 76% 50+
25
Q

background, education, women, ethnicity, age

is the judiciary - ‘out of touch’ - no

A

-Background - changes to selection process i.e eligibility of appointment of fellows of CILEx
- Education - Provided training on social issues
- Women - 43% of judiciary female (2024)
- Ethnicity - strong presence ethnic minority judges in inferior courts
- Age - requires considerable experience which comes w/ age

26
Q

UK separation of powers

A
  • legislature (parliment) -> make & change law
    – Judiciary -> interpret & enforce
  • Executive (Gov.) pwr to put law into effect + admin nations affairs
27
Q

lord chancellor reforms

A
  • no longer a judge
  • no longer head of judiciary
  • no longer central to appointing judges
  • No longer automatic speaker of HoL
28
Q

advantages of judicial independence

A
  • protect individuals from abuse of pwr by Parliament
  • impartial judiciary review
  • Fairness & public confidence
  • Appointed independently
29
Q

advantages of judicial independence : protect individuals

A

-> uphold RoL -> Belmarsh Detainees’ case SC issued ‘declaration of incompatibility’ under HRA 1998
-> essential for a functioning democrracy

30
Q

advantages of judicial independence: Impartial Judicial review

A
  • mins act in accordance to law
  • free to reach a politically unpopular decision w/out fear of sanction
  • i.e Brexit Process Miller V Prime Minister -> unlawful suspension of Parliament as it had prevented parliamentary scrutiny before leaving EU
31
Q

advantages of judicial independence: fairness & public confidence

A
  • Clear grounds for appeal if judge has interest in a case i.e pinochet -> ex-amnesty international director -> deciding on extradition hearing
  • Decide solely on evidence in court & accordance of law
  • freedom of interference from litigants, state & media
32
Q

advantages of judicial independence: independently appointed

A
  • merit
  • transparently
  • address prev. concerns that system had been oopen to political bias
  • hope that it will become more diverse
    -security of tenure
33
Q

how is judicial independence achieved

A
  • Security of tenure
  • Immunity from suit
  • Independence from executive
  • Independence from parliament
  • Independence from case
34
Q

Judicial independence: security of tenure

A

-> senior judges cannot be removed by Gov. must be removed by monarch w/ petition from Parliament & inferior judges can only be dismissed with consent of Lord Chief Justice for incapacity/misbehaviour

35
Q

Judicial independence: immunity from suit

A
  • cannot be sued for actions/decisions in course of judicial duty (Sirros V Moore)-. judge wrongly ordered someones detention -> CA took no action believed he had acted in good faith despite action being unlawful
36
Q

Judicial independence: Independence from Executive

A

s.3 Constitutional reform act -> legal duty gov. mins. to uphold indp. + bars them from trying to influence decisions
- Judicial Appointment commission -> select on merit -> not secretive process of LC (a politician)

37
Q

Judicial independence: from Parliament

A
  • Full time judges cannot be MPs
  • avoid making statements on political issues
  • Supreme Court main to seperate judiciary -> prev HoL highest court of appeal in UK
38
Q

Judicial independence: From case

A
  • unbiased & unconnected from case
  • Pinochet case -> extradition hearings one of Judges been a director of Amnesty International -> man cannot be judge in own cause
39
Q

role of barrister

A
  • Preparing cases for court.
  • Drafting legal documents.
  • Preparing Counsel’s opinion.
  • Holding case conferences.
  • Negotiating settlements.
  • Advocacy – representing clients in court.
  • In criminal cases specialising in either prosecution or defence.
  • In civil cases specialising in, for example, personal injury,
    defamation.
  • Public Access – being instructed directly by clients. This does
    not include legally funded cases.
  • Specialising in areas of law, for example, criminal, family,
    commercial, tax, company.

OCR A-LEVEL LAW PAPER 1 SECTION A (9 decks)

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