Mini Topics Flashcards

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1
Q

What is the role of a solicitor?

A

Advocacy in Court
Interviewing clients
Drafting documents and writing letters
Representing clients in police stations
Advising clients

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2
Q

What society represents solicitors?

A

The Law Society

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3
Q

What Authority deals with complaints about Solicitors?

A

The Solicitors Regulatory Authority

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4
Q

What is the role of a barrister?

A

Advocacy (taking a case to court)
Represent clients in court
Writing opinions on cases
Draft document for court use
Can apply to become a Queen’s council (highest ranking barrister)

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5
Q

Who represents barristers?

A

General Council of the Bar

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6
Q

Who trains, disciplines and regulates barristers?

A

Bar Standards Board

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7
Q

What is a legal executive and what do they do?

A

A legal executive is a qualified lawyer that must have worked in a solicitor’s firm for at least 5 years.
They usually deal with the more straight forward aspects of a solicitor’s job e.g. petty crime

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8
Q

What are all legal executives members of?

A

Chartered Institute of Legal Executives, these provide training and the code of conduct.

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9
Q

What courts does a superior judge sit in?

A

Supreme Court
Court of Appeal
High court

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10
Q

What courts does an inferior judge sit in?

A

Crown court
County court
Magistrates court
Tribunals

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11
Q

What is the role of the Justices of the Supreme Court?

A

Hearing points of law at great importance
Any decision of law becomes precedent
Sit at an uneven panel

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12
Q

What is the role of senior judges?

A

To hear appeals
Usually sit in a panel of 3
Decisions on points of law become precedents which lower courts must follow

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13
Q

What is a high court judge and where do they sit?

A

High court and crown court
In high court- They hear criminal appeals (law only) from the magistrates court.
In crown court- they hear criminal trials (sit with a jury) usually the most serious criminal cases.

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14
Q

What is a circuit judge and where do they sit?

A

Crown court
They hear criminal trials (sit with a jury) they decide the law, sentence and if guilty

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15
Q

What is a recorder and where do they sit?

A

Part time judges usually still practicing solicitors or barristers.
Crown court
Hear criminal trials (sit with jury) decide the law and sentence if guilty

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16
Q

What is a district judge and where do they sit?

A

Magistrates court
Try criminal cases (sit alone) decide facts and law, decide sentence if guilty

17
Q

What type of criminal legal aid is available 24 hours a day?

A

Duty Solicitors Scheme. Advice over telephone or face to face.

18
Q

What must the defendant do in order to get representation at court?

A

The defendant must qualify under the interests of justice and means test.

19
Q

What is the interest of justice test?

A

The D can only get legal funding for representation if they can show one of the 5 interests of justice factors.

20
Q

What is the means test?

A

Assesses a persons income and ability to pay by looking at their income and capital.

21
Q

What type of legal help is there in civil cases?

A

Help lines
Citizens advice bureaux
Law centres
Trade unions

22
Q

What are examples of private funding for cases?

A

Own resources
Insurance
Conditional fee agreements