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legal personnel flashcards

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1
Q

who are the 4 legal personnel that we need to know about?

A

-barristers
-solicitors
-legal executives
-judges

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2
Q

what is the role of a barrister?

A

-a barrister is a legal adviser who advises clients on legal matters and represents them in court.
-they either defend d or prosecute for cps.
-they are advised by a solicitor who has initially spoken with d
-they help advise d on whether or not to plead guilty, and help decide after the case whether or not to appeal
-have full rights of audience so can represent in any court

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3
Q

why are barristers important in court?

A

civil cases are largely handled through written evidence/arguments that the barrister has prepared

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4
Q

when can a barrister apply to be a kings council?

A

after at least 10 years of practicing, and will have references from lawyers and judges who have dealt with the barrister before

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5
Q

what duties do barristers owe to a client and the court?

A

-client: they owe a duty of confidentiality. Because of confidentiality, if a client admits their guilt to a barrister, the barrister does not have to disclose this, but the barrister cannot represent that client if they plead not guilty, due to the barrister’s duty to the court.
-court: cannot mislead court or waste their time, giving all evidence even if it weakens their case

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6
Q

what is the cab bank rule?

A

The ‘cab rank rule’ shows that barristers usually cannot turn down a case if it is in their area of expertise and they are available

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7
Q

how are barristers regulated? what is the case that shows this?

A

-bar standards board or serious cases go to displinary tribunal
-Hall v Simons
-if a barrister was negligent they are not immune to being sued

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8
Q

what is the role of a solicitor?

A

to advise and represent client in a variety of legal matters

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9
Q

how are solicitors regulated?

A
  • the solicitors regulation society (sra) handles complaints of misconduct
    -if the matter is serious then they bring the case to disciplinary tribunal
    -if the complaint is upheld, the solicitor can receive a warning/fine/suspension/struck off
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10
Q

what happens if the complainant is unhappy with the decision of sra?

A

the legal services act 2007 allows them to complain to the legal ombudsman

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11
Q

can solicitors be sued? what case shows this?

A

-white v jones
-they can be sued

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12
Q

what is the role of a legal executive?

A

-they advise clients and explain more simple legal matters to them
-assisting solicitors
-preparing documents, drafting emails etc

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13
Q

how to become a legal executive?

A

-cilex course
-3 years of legal experience
-need a certificate of advocacy

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14
Q

how are legal executives regulated?

A

-cilex will hand over to professional conduct panel to decide whether there was a breach
-disciplinary tribunal
-can go to legal ombudsman

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15
Q

what are the 6 different types of judges?

A

-district judges
-recorder
-circuit judges
-high court judges
-lord justice of appeal
-justices of the supreme court

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16
Q

what is the role of a district judge?

A

-handle both civil and crim in low courts
-in county court they hear low value tort and contract cases
-in mags court they sit alone in place of 3 mags

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17
Q

how to become a district judge?

A

-must be a qualified solicitor or barrister
-have 5 years of law experience or been a deputy district judge
-legal executives can only become deputy district judges

18
Q

what is the role of recorder judges?

A

-handle slightly more complex cases in county court and crown court
-they are similar to circuit judge

19
Q

how to become a recorder?

A

-part time post for solicitors or barristers who have at least 7 years of experience

20
Q

what is the role of a circuit judge?

A

-hear a wider range of legal issues including family and property in county court
-also handle cases in crown court

21
Q

how to become a circuit judge?

A

-barrister or solicitor with at least 7 years of experience
-ideally served as a district judge or recorder previously

22
Q

what are the roles of a high court judges?

A

-they handle cases in one of three divisions of high court;
.kings bench division= handle high value contract and tort cases, as well as serious cases in crown court
.chancery division= hear high value claims about business disputes and financial affairs
.family division= hear claims about divorce etc
.high court judges= may assist lord justices of appeal with cases related to their division

23
Q

how to become a high court judge?

A

-previously a barrister or solicitor
-at least 7 years of experience or been a circuit judge for 2 years
-usually have been practicing barristers for over twenty years

24
Q

what is the role of lord justices of appeal?

A

handle cases in either crim or civil division of court of appeal where they hear appeals from the crown court or divisions of the high court

25
Q

how to become a lord justice of appeal?

A

-been qualified as a solicitor or barrister for at least 7 years
-or be an existing high court judge

26
Q

what is the role of justices of the supreme court?

A

handle appeal cases on matters of public importance

27
Q

how to become a justice of supreme court?

A

chosen from the court of appeal or those who have served in senior courts for at least 15 years

28
Q

what is separation of powers?

A

the idea that legislature should make the law, executives should administer the law, and judiciary should interpret and apply the law

29
Q

what is judicial independence?

A

judicial independence means judges not being tied to the other arms of the state or the parties involved in a case

30
Q

why is judicial independence important?

A

allows judges to access how law is made and administered without a risk of bias or pressure as well as removing any personal bias

31
Q

what are the measures put in place for judicial independence?

A

-The Constitutional Reform Act 2005
-the supreme court
-security of tenure
-independent salary
-immunity from lawsuits
-judicial review
-human rights
-no connection to the case

32
Q

what is the constitutional reform act 2005?

A

-made law chief justice the head of judiciary instead of lord chancellor
-this keeps the judiciary more separate from the other arms of state
-under s3 of the act it states anyone relating to the judiciary must uphold their independence and must not seek to influence judicial decisions

33
Q

what does the supreme court do to help judicial independence?

A

the house of lords changed its name to the supreme court to avoid confusion

34
Q

what is security of tenure?

A

-superior judges cannot be dismissed by the government only the monarch
-however inferior court judges can be dismissed by the lord chancellor

35
Q

what does independent salary do to help?

A

-judges are paid by an independent body so wages cannot be changed by parliament
-however parliament can change the age of retirement

36
Q

what does immunity from law suits do to help?

A

it means that judges are immune from being prosecuted for any acts carried out during their duty

37
Q

what does judicial review do to help? what case shows this?

A

-judges can review law made by government ministers or public bodies under delegated legislation showing the ability to check the power of executive
-Agricultural Training Board v Aylesbury Mushrooms

38
Q

what does human rights do to help judicial independence? what case shows this?

A

-the human rights act allows judges to declare that an act is incompatible with human rights which pressures government to change the law
-A v SoS for the Home Department

39
Q

what does not connection to the case do to help? what is the case to show this?

A

-judges cannot have any involvement with the case they are handling
-Re Pinochet

40
Q

what are the advantages of the judiciary?

A

-judges are always experts in their fields, and have lots of experience so cases will always be handled by those most educated
-judges are impartial so divisions are being made free of any influence
-it is very diverse so reduces the risk of bias

41
Q

what are the disadvantages of the judiciary?

A

-judges are usually quite old due to having years of prior experience so may have bias or not understand some more modern issues
-usually most judges come from the same background and are of the same ethnicity so may not be educated on other cultures etc
-most judges are male
-it is questioned whether the judges are truly independent as government can change laws like retirement age

Law (21 decks)

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