legal personnel 8+12 markers Flashcards
what are the possible 8 markers?
-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
what are the possible 12 markers?
-Discuss the positives of the judiciary
-Discuss problems with the judiciary
-Discuss advantages of judicial Independence
explain the role/work of a barrister
-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
Explain how barristers are regulated/disciplined / explain how complaints against barristers will be handled
-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
Explain the role/work of a solicitor
-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
Explain how solicitors are regulated/disciplined / explain how complaints against solicitors will be handled
-the solicitors regulation authority review all complaints of misconduct. they investigate the complaint and if there is enough evidence, they bring a case to the disciplinary tribunal
-if they are found to have a misconduct, they can give a warning, fine, suspension r stricken off entirely
-if unhappy with the reprimand they received, they can complain to the legal ombudsman
-Hall v Simons for poor advocacy, White V Jones for poor work
Explain the role/work of legal executives
-legal executives advise clients on more simple issues within the law however they usually specialise in one area of the law, and handle more straightforward cases
-they usually prepare documents, draft emails etc
-to become a legal executive they have to have completed a cilex course, 3 years of legal experience and have a certificate of advocacy
-usually only appear in lower courts unless they have a special certificate
Explain how legal executives are regulated/disciplined / explain how complaints against legal executives will be handled
-cliex publishes a code of conduct for legal executives to follow, and they will investigate any complaints of a breach, or hand over to a professional conduct panel to decide whether there was one
-if they panel decides there was one, they can be warned of reprimanded
-the more serious conducts go to the disciplinary tribunal who can also warn/reprimand them or also fine or order an exclusion
-complaints can go to the legal ombudsman
Explain the different types of judges in inferior courts
-district judge = handle both crim and civil cases in lower courts, in county courts they hear low value tort and contract cases, in mags court they hear cases in place of 3 mags. they must be a qualified solicitor or barrister, have legal experience for at least 5 years, however legal executives can only become deputy district judge
-recorders= handle slightly more complex cases in the county court, and less serious cases in the crown court and are very similar to circuit judges. They are usually part time posts for solicitors or barristers who have at least 7 years of experience
-circuit judges = hear a wider range of cases in the county court, and also cases in the crown court. to become a circuit judge they must be a barrister or solicitor with at least 7 years of experience, and ideally served as a district judge or recorder previously
Explain the different types of superior court judges
-high court judge = they handle cases in one of 3 divisions of the high court, which are; kings bench division where they handle high value contract and tort cases, as well as serious cases in the crown court. the chancery division where they hear high value claims about business and the family division where they hear claims about divorce etc. They may assist the lord justices of appeal with cases that relate to their division. they must previously been a solicitor or barrister, and have at least 7 years of legal experience or have been a circuit judge for 2 years , but usually they are also a practicing barrister for over 20 years
-lord justice of appeal = handle cases in either the crim or civil division of court of appeal where they hear appeals from the crown court or divisions of the high court. they should be a qualified barrister or solicitor for at least 7 years or be an existing high court judge
-justice of supreme court = they handle cases on matters of public importance. these supreme judges are chosen from the court of appeal or those who have served in senior courts for at least 15 years
Explain how the judiciary maintain separation of power / are kept independent
-separation of powers is the idea that legislature should make the law, the executives should administer the law and the judiciary should interpret and apply the law
-this relates to judicial independence, which is where judges are not tied to the other arms of the state nor parties involved in a case. This is good because it avoids biased during cases or unfair decisions. it also allows judges to access how law is made and administered without any bias
-they things put in place to enforce these are; The Constitutional Reform Act 2005, the supreme court, security of tenure, independent salary, immunity from lawsuits, judicial review (Agricultural Training Board v Aylesbury Mushrooms), human rights (A v SoS for the Home Department), no connection to the case (Re Pinochet)
Discuss the positives and negatives of the judiciary
pos;
-judges will be experts in their fields as they usually have to have many years of practice before being able to be a judge
-judges are able to ensure individuals are protected from the state as by judicial independence they can review decisions without fear of losing their job - Agricultural Training Board v Aylesbury Mushrooms
-judges are meant to be impartial as they are not at risk of being sued for doing their duties and also don’t have the fear of misconduct from the government - Re Pinochet
-judiciary have improved their diversity over the years
negs;
-usually judges are old as they have to go through so much practice before securing their role
-there are issues with their representation which could lead to unfair decisions
-more male judges than female which again can lead to unfair decisions
-doubtful whether the judiciary is truly independent
