The Legal Personnel and the judiciary Paper 1 Flashcards
Types of legal personnel
Solicitors
Barristers
Legal executives
what is the role of a barrister?
self employed
usually work in chambers
majority concentrate on advocacy
(have the rights of audience)
paperwork, writing opinions, giving advice and drafting court documents
what is direct access?
originally it was necessary to instruct a solicitor first
what is the rule on direct access now?
it is no longer necessary to go to a solicitor first in civil cases
what is the role of a solicitor?
work in private firms
writing letters, drafting contracts, drawing wills, dealing with conveyancing
some may advocate in court
what is a legal executive?
work in solicitor firms as assistants
qualified lawyers
specialise in particular area of law
what is the role of a legal executive?
handle property transfers
assist in the formation of a company
draft wills
advise people with matrimonial problems
advice clients accused of crimes
some right of audience in family matter and civil matters in the county court
Representative body for barristers, solicitors and legal executives
General council of the bar
Law society
CILEx
Regulatory body of barristers, solicitors and legal executives
Bar standards board
Solicitors regulatory authority
CILEx regulation board
Superior judges
Supreme Court judges
Court of appeal judges
High court judges
Role of supreme court judges
Hear criminal and civil appeals
On points of law
Must sit as an uneven number
Law here becomes precedent
Role of court of appeal judges
All work is appeals in both criminal and civil
One judge hears criminal appeals against sentencing or conviction
Usually sit as a panel of 3
Law here becomes precedent for those lower
Role of high court judges
Try cases at first instance
Hear evidence from witnesses
Decide the point of law
Make a decision on winner
Decide amount of damages
Can also hear appeals
Features of Independence of the judiciary
Tenure of superior judges
Tenure of inferior judges
Immunity from suit
Independence from the executive
Independence from case
Security of tenure
Superior judges can only be removed by the monarch following a petition by both Houses of Parliament
Inferior judges can be removed by the lord chancellor for misbehaviour
This allows judged to make decision against the government without fear
Immunity from the suit
Judges cannot be sued for their decisions even if it’s a mistake
Independence from the executive
Judicial independence is Guaranteed under the constitutional reform act
Independence from case
Judges must not try any case where they have any interest in the issue involved
This is to be impartial
Reason for and advantages of judicial independence
Protects individuals from abuse of power
Important that judges are impartial
Judges must be free to exercise judicial powers
+ ensures fairness in cases
+ judiciary can protect citizens for unlawful government
+ public have confidence in judicial system
Inferior judges
Circuit judges
Recorders
District judges in the county court
District judges in magistrates
Tribunals judges
Circuit judges
Sit in county and crown court
Decide facts and law
Make decision who won
In criminal sit with jury
Decides sentences
Recorders
Part time judges
Crown court for criminal
District judge county court
Small claims under £10,000
District judge magistrates court
Criminal cases in magistrates
Sit on own
Decide facts and law
Decide sentence
