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Law paper 1 Section A > legal personnel > Flashcards

legal personnel Flashcards

1
Q

Where do most barristers work?

A

most are self emplpyed, work from a set of chambers

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2
Q

who else may employ barristers

A

government organisations

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3
Q

what is the direct/public access portal and why does it exist?

A

Doesnt let memebers of the public directly access barristers

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4
Q

if the direct/access portal isnt used, who will instruct the barrister?

A

solicitors

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5
Q

name four things barristers do in their role

A

prepare legal documents, advise clients, negociate and appear in court

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6
Q

why are barristers allowed to appear in any court

A

‘rights of audience’

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7
Q

who do barristers defend in defending a case?

A

defendant

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8
Q

in defending a case, who are barristers instructed by

A

solicitors

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9
Q

who does the barrister represent in court

A

D/ CPS

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10
Q

if prosecuting a case, barristers prosecute for who

A

CPS

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11
Q

prosecuting a case, who are barristers instructed by

A

solicotor/ cps

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12
Q

what do barristers do outside of the courtroom in civil cases

A

negociation meetings, prepare arguments and evidence

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13
Q

what does advocacy consist of in civil cases

A

barristers present evidence and advise the possibility of appeal

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14
Q

how does one become a kings counsel

A

10 yrs of practising barristers then they can apply

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15
Q

what duty does a barrister owe to his client

A

confidentiality

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16
Q

what duty does a barrister owe to the court

A

barrister cant mislead a court or waste a courts time

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17
Q

what happens if a defendant admits his guilty to his barrister and why

A

barrister doesnt have to disclose this but cant represent that client if they plead not guilty due to the barristers duty to the court

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18
Q

what is the cab rank rule

A

shows barristers cannot turn down a case if its in their area of expertise and are available

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19
Q

how do barristers know the rules and standards expected of them

A

bar standards board sets out a code of conduct

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20
Q

who handles more serious breaches

A

disiplinary tribunal

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21
Q

what punishments can be given if a barrister is in breach

A

formal warning, furhter training, a fine, suspension or disbarring

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22
Q

if the person who made the complaint doesnt like the decision made, what can they do

A

Legal services Act 2007 allows a complaint to be made to legal ombudsman

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23
Q

what was decided in halls v simons?

A

it was held that there was a difference between genuine errors in judgement+negligent advocacy+ if a barrister/solicitor was negligent they were not immune from being sued.

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24
Q

who do solicitors work for?

A

private firms, and sometimes do work for the government

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25
whats the difference between a specialised firm and a gernal practise
general practise helps with conveyancing, divorce and personal injury
26
which courts can all solictors do in their role
lower courts
27
what is needed to appear in higher courts
qualifaction
28
what is a solicitors role in civil cases
advise, collect and prepare evidence then instruct a barrister
29
whats a solicitors role in criminal cases
speak to a client, obtain details
30
how would a solicitor become a KC
if they have higher rights of audience
31
who sets the code and investigates any breaches for solicotors
solicitors regulation authority (SRA)
32
who handles more serious matters
disiplinary tribunal
33
what are the possible punishments if there is a breach
recieve a warning, fine, suspension if be stricken off
34
what does the legal services act 2007 allow to happen?
allows a complait to be made to tje legal ombudman
35
What did hall v simons show about solicitors?
if a solictor was negligent they are not immune from being sued
36
what was decided in white v jones
despite not being the clients solicitor, the daughters could sue due to suffering loss from negligent work
37
how does someone become a legal executive
obtained the chartered institute of legal executives qualifaction
38
who do legal executives work for
firm, cps or private
39
what is required for a legal executive to appear in court
obtain different advocacy certifcates but usually these are for lower court
40
who sets out the code of conduct and investigates if there has been a breach
CILEX regulation board investigates complaints
41
who decides if there has a been a breach
professional conduct panel summary of investigation findings
42
who handles more serious matters
disiplinary tribunal
43
what are the possible punishments for breaching the code of conduct
reprimand, fine or exclusion
44
if the person who makes a complaint doesnt like the decision that was made what can they do
legal services act 2007 to legal ombudsman
45
what are the 6 steps to becoming a barrister
1. qualifying law dgree 2. join an inn of court 3. bar training course 4. offically called to the bar 5. pupillage 1 year 6. working as a barrister
46
what do district judges do
handles civil and criminal cases in lowest 2 courts hear low value calims of tort and contract
47
what makes someone eligible to become a district judge
qualified as a solicitor or barrister and gained experience in law for 5 years
48
what do recorders do
handles complex cases in county court and less serious cases in crown
49
what makes someone elgible to be a recorder
part time post for solicotors or barristers who have 7 years experience
50
what do circuit judges do
hear wider range of legal issues including property and family law
51
what makes someone eligible to be a cicuit judge
been a S or B for 7 years and served as a district judge or a recorder
52
where do you find high court judges
handles cases in one of three divisions in high court
53
what do KBD judges do
handles high value contract and tort cases but can also hear serious cases in crown
54
what do chancery division judges do
hear high value claims about business disputes and finincal affiars
55
what do family division judges do
hear claims about divorce, distribution of assessts and child welfare issues
56
what makes someone eligible to be a high court judge
S or B for 7 years or circuit judge for 2
57
name the 3 high court judges
kings bench division judges family division judges chancery division judges
58
what do lord justices of appeal do
handles cases in civil and criminal of COA where they hear appeals from CC
59
what makes someoe eligible to be a lord justices of appeal
S or B for 7 years or exisiting high court judge
60
what do justices of supreme court do
handles cases on matters of public importance
61
what makes someone eligible to do a justice of supreme court
chosen from COA or served in senior courts for 15 years
62
who would you find in the mags court for criminal cases
district judges hear evidence then decide a verdict for summary and triable offences
63
for criminal cases who would you find in the crown court
recorders and circuit judges they decide on p.o.l, ensure correct procedure is follow and advise the jury to pass sentneces on serious triable or indictable sentneces high court judges (from kbd) handles serious indictable cases
64
who would you find in the COA for criminal cases
lord justices hear appeals from CC by listening to legal arguements and deciding if OG decisions should stand
65
in criminal cases, who would you find in the supreme court
justices of supreme court hears appeals from COA by listening to legal documents
66
for civil cases who would you find in the county court
district judges, recorders and circuit judges hear evidence and decide on points of law before deiciding liability handles pre trial matters such as case mamagemnt
67
for civil cases who would you find in the high court
high court judges handles appeals from county court
68
for civil cases who would you find in the COA
lord justices hear appeals from high court (sometimes countuy if theres a leapfrog appeal)
69
for civil cases who would you find in the supreme court
justices of supreme court hear appeals from the COA by listening to legal arguments
70
what is meant by seperation of powers
idea that the legislature should make law, the executive should administer law and the judicary should interpret and apply law
71
what is judicial independance
judges not being tied to the other arms of state, nor the parties involved in the case allows judges to assess how the law is administered without a risk of bias
72
what does the consitutional reform act 2005 do
helps keep judicary sperate from other arms of state
73
what two rules does s3 of the consitutional reform act 2005 set out
1. Anyone with responsbility relating to the judicary must uphold their independance 2. Anyone with responsbility relating to the judicary must not seek influence to judical decisions
74
why did the house of lords court change to the supreme court
to show clearer seperation between judicary and legislature full time judges arent allowed to be memebrs of parliament
75
how are superior judges given protection from the state
cant be dismissed by the gov, only the monarch if theres a petition from both HoP
76
how is protection from the state different for inferior judges
can be removed by lord chancellor for misbehaviour but only with the consent of lord cheif justice
77
how are judges financially protected from the state
paid by an indepednent body so parliament cant change the amount
78
how are judges protected in doing their duties
immune from being prosecuted for any acts carried out during their duty immune from being sued for any acts that happen during their duty
79
how does judicial review act as a check on gov power
judges can review law made by gov ministers or public bodies under DL
80
what was the minsiter supposed to do in ATB v Alyesbury mushrooms
consult any group representing a large amount of mushroom growers only represneted 85%
81
how does the Human rights act check the power of the state
allows judges to delcare that an act is incompatible with human rights
82
what was the outcome of the case A and another v SoS for the home department
detianing only forgein nationals in this way breached article 5 and 14 of the ECHR
83
are judges allowed to have any link to the case they are handling
no
84
why was their a risk of bias in Re Pinochet
lord hoffmann was unpaid director of amnesty international so yes
85
what was the decision in Re pinochet
theres a risk which may have inlfuenced the decision so case was re tried

Law paper 1 Section A (8 decks)

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