The Legal Personnel and the judiciary Paper 1

Question 1

Types of legal personnel

Answer 1

Solicitors
Barristers
Legal executives

Question 2

what is the role of a barrister?

Answer 2

self employed
usually work in chambers
majority concentrate on advocacy
(have the rights of audience)
paperwork, writing opinions, giving advice and drafting court documents

Question 3

what is direct access?

Answer 3

originally it was necessary to instruct a solicitor first

Question 4

what is the rule on direct access now?

Answer 4

it is no longer necessary to go to a solicitor first in civil cases

Question 5

what is the role of a solicitor?

Answer 5

work in private firms
writing letters, drafting contracts, drawing wills, dealing with conveyancing
some may advocate in court

Question 6

what is a legal executive?

Answer 6

work in solicitor firms as assistants
qualified lawyers
specialise in particular area of law

Question 7

what is the role of a legal executive?

Answer 7

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

Question 8

Representative body for barristers, solicitors and legal executives

Answer 8

General council of the bar
Law society
CILEx

Question 9

Regulatory body of barristers, solicitors and legal executives

Answer 9

Bar standards board
Solicitors regulatory authority
CILEx regulation board

Question 10

Superior judges

Answer 10

Supreme Court judges
Court of appeal judges
High court judges

Question 11

Role of supreme court judges

Answer 11

Hear criminal and civil appeals
On points of law
Must sit as an uneven number
Law here becomes precedent

Question 12

Role of court of appeal judges

Answer 12

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

Question 13

Role of high court judges

Answer 13

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

Question 14

Features of Independence of the judiciary

Answer 14

Tenure of superior judges
Tenure of inferior judges
Immunity from suit
Independence from the executive
Independence from case

Question 15

Security of tenure

Answer 15

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

Question 16

Immunity from the suit

Answer 16

Judges cannot be sued for their decisions even if it’s a mistake

Question 17

Independence from the executive

Answer 17

Judicial independence is Guaranteed under the constitutional reform act

Question 18

Independence from case

Answer 18

Judges must not try any case where they have any interest in the issue involved
This is to be impartial

Question 19

Reason for and advantages of judicial independence

Answer 19

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

Question 20

Inferior judges

Answer 20

Circuit judges
Recorders
District judges in the county court
District judges in magistrates
Tribunals judges

Question 21

Circuit judges

Answer 21

Sit in county and crown court
Decide facts and law
Make decision who won
In criminal sit with jury
Decides sentences

Question 22

Recorders

Answer 22

Part time judges
Crown court for criminal

Question 23

District judge county court

Answer 23

Small claims under £10,000

Question 24

District judge magistrates court

Answer 24

Criminal cases in magistrates
Sit on own
Decide facts and law
Decide sentence