M3 T4 Education, training and development of the legal profession in the UK Flashcards

1
Q

In the UK, the attorney and the judge have(?)

A

the same origin and development. An attorney may become a judge

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2
Q

What are the three categories that the legal practice is divided into?

A
  1. Barristers
  2. Solicitors
  3. Legal executives(lesser importance)
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3
Q

when did the legal profession of barristers arise?

A

with the centralization of justice in the 13th-14th century

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4
Q

What do we mean when we say that lawyers play the role of the defenders of the common law?

A

They guarantee the liberties of citizens against the arbitrariness of an absolute monarchy.

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5
Q

What was historically the role of the barristers?

A

held the exclusive right of appearance before the courts. They represent the elite of the English and Wales legal profession.

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6
Q

What are the two steps of the barrister training?

A
  1. Degree in law from a recognized university
  2. Bar professional training course at one of the inns of court where young lawyers live with their mentors to learn the practice of law and build character.
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7
Q

What are the four inns of court that one must attend in order to become a recognized barrister?

A
  1. Lincoln’s inn
  2. Inner temple
  3. Middle Temple
  4. Gray’s Temple
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8
Q

Barristers

What is “Called to the bar”?

A

A ceremony after the training at the Inns

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9
Q

Barristers

What is “The Bar Council”?

A

A professional association the barristers are members of.

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10
Q

What is the role of the barrister today?

A

To represent the client before the court. In earlier practice barristers never had direct contact with the clients as the solicitors acted as mediators. Today, these roles have evolved.

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11
Q

What is the Queen’s council?

A

Barristers with exceptional careers and acknowledged prestige. This is from where most senior judges are appointed.

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12
Q

Who can the barristers represent?

A

Both individuals and the state

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13
Q

What is the principal role of a solicitor?

A

To provide legal advice

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14
Q

What does the Solicitors regulation Authority do?

A

Regulates the training of the solicitors

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15
Q

What are the 3 stages of the solicitor’s training?

A
  1. Academic stage
    Degree in law from a recognized university or take a professional exam or getting a diploma in law.(need approval.)
  2. Vocational stage
    Cours of legal practice where one works at a solicitor’s office for two years.
  3. Admission to the profession
    A formal ceremony led by the Master of the Rolls
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16
Q

Where are the solicitors associated?

A

in a professional college called The Law Society

17
Q

Where can Solicitors practice?

A
  1. Individually
  2. Law firms
  3. Partnerships
  4. Legal departments of companies
  5. Agencies of the Administration of Justice
18
Q

What are the 5 steps of a solicitor’s legal career?

A
  1. Legal apprentice
  2. Assistant
  3. Associate
  4. Junior partner
  5. Senior partner
19
Q

What services can solicitor’s provide?

A

Advice and assistance:

  • On business and personal matters
  • Draw up sales and purchase contracts
  • Deeds transferring title to property
    etc. …
20
Q

Can Solicitors represent clients before the court?

A

Yes, both lower and higher courts.

They also carry out preliminary procedural steps

21
Q

What is the education and training of legal executives?

A

Practical exercise of the profession as an alternative to the university degree.

Allowed to become a solicitor two years after reaching the highest professional category of a fellow

22
Q

What is the association of the legal executives?

A

Institute of Legal Executives (ILEX)

23
Q

What is the specialization of legal executives?

A

Fields of Civil litigation

  • debt recovery
  • family law
  • probate
  • employment
  • non-serious crimes
24
Q

Can legal executives appear before courts?

A

They can assist clients before lower courts but need certain training requirements.

25
Q

Where do legal executives practice?

A

They are employed by a firm of solicitors

26
Q

What is the code of ethics: the ethical standards of legal executives?

A

The same as solicitors and barristers

27
Q

Judges are appointed from among…

A

practicing lawyers. This is different from the examination process of the continental legal tradition

28
Q

Who are the supreme court judges?

A

11 members of the House of Lords (Law Lords)

29
Q

Who are the judges of the High Court of Justice?

A

appointed from among barristers of acknowledged prestige. They serve for a life term and retire at age 70.

30
Q

Who are the county court judges?

A

Barristers with over 7 years of experience

31
Q

Who are the judges of first instance or magistrates?

A

Lay judges with no formal legal training appointed by the Ministry of Justice.

In the cities, they are professional stipendiary magistrates. (solicitors and barristers.)

32
Q

what are the three objectives of the judicial studies board?

A
  1. Ensure judges are properly trained
  2. Safeguard their independence
  3. Promote citizen’s trust in the judicial system
33
Q

what are the three types of functions of the judicial studies board?

A
  1. Initial training of new judges
  2. Ensure updated training and competencies of judges
  3. Keep the system up to date by imparting programs of support for changes in the law and the administration of justice
34
Q

what are the three most characteristic features of the legal profession?

A
  1. Practical training
  2. Three categories of attorneys
  3. Sequential evolution: barristers become judges