legal personnel 8+12 markers

Question 1

what are the possible 8 markers?

Answer 1

-explain the role/work of a barrister
-Explain how barristers are regulated/disciplined / explain how complaints against barristers will be handled
-Explain the role/work of a solicitor
-Explain how solicitors are regulated/disciplined / explain how complaints against solicitors will be handled
-Explain the role/work of legal executives
-Explain how legal executives are regulated/disciplined / explain how complaints against legal executives will be handled
-Explain the different types of judges
-Explain the different types of judges in inferior courts
-Explain the different types of superior court judges
-Explain the roles of a judge
-Explain the roles of a judge in criminal cases
-Explain the roles of a judge in civil cases
-Explain the roles of inferior court judges
-Explain the roles of superior court judges
-Explain how the judiciary maintain separation of power / are kept independent
-Discuss the advantages and disadvantages of the judiciary

Question 2

what are the possible 12 markers?

Answer 2

-Discuss the positives of the judiciary
-Discuss problems with the judiciary
-Discuss advantages of judicial Independence

Question 3

explain the role/work of a barrister

Answer 3

-they advise clients on legal matters and represent them in court, and are usually advised by a solicitor
-have full rights of audiences meaning they can represent a client in any court
-help d decide whether they should plead guilty
-will either defend d or prosecute cps in criminal cases
-in civil cases they advise on the possibility of appeal against liability/the award of damages, and civil cases are largely handled through written evidence/arguments that the barrister has prepared
-can advise on the possibility of appeal after a case
-have a duty to the court to present all evidence even if it weakens their case
-they also follow the CAB BANK RULE, meaning barristers usually cannot turn down a case if it is in their area of expertise and they are available

Question 4

Explain how barristers are regulated/disciplined / explain how complaints against barristers will be handled

Answer 4

-they are regulated by the Bar Standards Board, who set out a code of conduct for barristers, and they investigate any alleged breaches
-any serious accusations are handled by the disciplinary tribunal
-the punishments that they can get are;
.a formal warning
.further training
.suspension
.fine
.disbar
-if they are unhappy with the punishment that they were given, they can complain to the legal Ombudsman
-Hall v Simons

Question 5

Explain the role/work of a solicitor

Answer 5

-they advise clients on a variety of legal matters - often write emails for them, interview clients, draft legal documents etc
-they usually work in private firms but sometimes work for the government
-they have full rights of audience in lower courts, and need a qualification to have rights in higher courts
-they can instruct a barrister on how to represent or represent themselves
-in civil cases, they advise clients, collect and prepare evidence, either instruct or assist a barrister, or represent themselves
-in criminal cases, they speak to an already arrested client or may issue a summons, then they obtain the details of a case and then advise the client