Legal Personnel Flashcards
Areas of law barristers take
Criminal law
Family law
Commercial law
Personal Injury
Types of work undertaken by barristers
- Giving advice/holding case conferences: meeting with clients to advise them on the law/strength of their case. Receive instructions through solicitors
- Advocacy: representing clients in court
- Drafting documents: for use in court, ensuring all necessary documents are produced
- Negotiating settlements: with other side, when a legal dispute is resolved privately outside court
- Writing opinions
- Undertaking legal research
How many practicing barristers are there?
16,000
areas of law solicitors take
Conveyancing
Wills and probate
Family matters
Negligence
Commercial law
The role of a solicitor includes
- Meeting with clients: finding needs, establishing how to help, offering advice
- Taking instructions from clients : research researching relevant areas of law, proposing courses of action
- Drafting letters contracts and other legal documents
- Negotiating on behalf of clients
- Advocacy : at tribunal or court, have right of audience in lower courts and can apply for higher courts
how many practising solicitors are there?
140,000
What are legal executives area of specialism?
conveyancing
Company and business law
Family
Probate
Personal injury
Crime
The role of a legal executive includes
work with and assist solicitors
advise clients
Draft legal documents
Conduct research to find solutions to problems
Wider rights of audience
How many practising legally executives are there?
20,000
what is barrister’s representative body?
Bar council
What is barrister’s regulatory body?
Bar standards board
What is solicitors representative body?
Law society
What is solicitors regulatory body?
Solicitors regulatory authority
role of judges in civil courts
- Decide outcome of dispute and award of damages
- In small claims, help parties put their case forward
- Case manager, deciding track, holding preliminary hearings to clarify issues, keep parties the time limit limits
- Maybe be responsible for running court office
role of judges in appeal courts
- Review hearing at first instance, decide whether the law was correctly decided and whether the hearing was carried out properly
- Decide whether leave to appeal should be granted
- Decisions made by three or more judges sitting together
- Decide whether result is wrong
- Can change decision/revise order or award
- Can decide points of law in important cases (Supreme Court and court of appeal usually)
- Can clarify or amend the law where appropriate, e.g.
pepper V hart 1993 - Powers of judicial review and under the human rights act 1998
