legal personnel flashcards
who are the 4 legal personnel that we need to know about?
-barristers
-solicitors
-legal executives
-judges
what is the role of a barrister?
-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
why are barristers important in court?
civil cases are largely handled through written evidence/arguments that the barrister has prepared
when can a barrister apply to be a kings council?
after at least 10 years of practicing, and will have references from lawyers and judges who have dealt with the barrister before
what duties do barristers owe to a client and the court?
-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
what is the cab bank rule?
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
how are barristers regulated? what is the case that shows this?
-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
what is the role of a solicitor?
to advise and represent client in a variety of legal matters
how are solicitors regulated?
- 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
what happens if the complainant is unhappy with the decision of sra?
the legal services act 2007 allows them to complain to the legal ombudsman
can solicitors be sued? what case shows this?
-white v jones
-they can be sued
what is the role of a legal executive?
-they advise clients and explain more simple legal matters to them
-assisting solicitors
-preparing documents, drafting emails etc
how to become a legal executive?
-cilex course
-3 years of legal experience
-need a certificate of advocacy
how are legal executives regulated?
-cilex will hand over to professional conduct panel to decide whether there was a breach
-disciplinary tribunal
-can go to legal ombudsman
what are the 6 different types of judges?
-district judges
-recorder
-circuit judges
-high court judges
-lord justice of appeal
-justices of the supreme court
what is the role of a district judge?
-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
how to become a district judge?
-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
what is the role of recorder judges?
-handle slightly more complex cases in county court and crown court
-they are similar to circuit judge
how to become a recorder?
-part time post for solicitors or barristers who have at least 7 years of experience
what is the role of a circuit judge?
-hear a wider range of legal issues including family and property in county court
-also handle cases in crown court
how to become a circuit judge?
-barrister or solicitor with at least 7 years of experience
-ideally served as a district judge or recorder previously
what are the roles of a high court judges?
-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
how to become a high court judge?
-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
what is the role of lord justices of appeal?
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
how to become a lord justice of appeal?
-been qualified as a solicitor or barrister for at least 7 years
-or be an existing high court judge
what is the role of justices of the supreme court?
handle appeal cases on matters of public importance
how to become a justice of supreme court?
chosen from the court of appeal or those who have served in senior courts for at least 15 years
what is separation of powers?
the idea that legislature should make the law, executives should administer the law, and judiciary should interpret and apply the law
what is judicial independence?
judicial independence means judges not being tied to the other arms of the state or the parties involved in a case
why is judicial independence important?
allows judges to access how law is made and administered without a risk of bias or pressure as well as removing any personal bias
what are the measures put in place for judicial independence?
-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
what is the constitutional reform act 2005?
-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
what does the supreme court do to help judicial independence?
the house of lords changed its name to the supreme court to avoid confusion
what is security of tenure?
-superior judges cannot be dismissed by the government only the monarch
-however inferior court judges can be dismissed by the lord chancellor
what does independent salary do to help?
-judges are paid by an independent body so wages cannot be changed by parliament
-however parliament can change the age of retirement
what does immunity from law suits do to help?
it means that judges are immune from being prosecuted for any acts carried out during their duty
what does judicial review do to help? what case shows this?
-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
what does human rights do to help judicial independence? what case shows this?
-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
what does not connection to the case do to help? what is the case to show this?
-judges cannot have any involvement with the case they are handling
-Re Pinochet
what are the advantages of the judiciary?
-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
what are the disadvantages of the judiciary?
-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
