Law Key Words ELS🎓(Legal Aid, Law Reform)

Question 1

Access to Justice

Answer 1

The right to. have access to an effective remedy, equality before the law and the right to a fair. trial. These rights are protected through a number of international human rights.

Question 2

Sources of legal help

Answer 2

• Help lines
• Citizens Advice Bureaux
• Law Centres
• Trade Unions
• Pro bono Lawyers

Question 3

Private funding of cases

Answer 3

Anyone who can afford must pay themselves

Question 4

Insurance

Answer 4

Another way of funding a case is through insurance

Question 5

Before the event insurance

Answer 5

insurance which the client already had before the prospect of legal proceedings arose (for example, as part of the client’s house insurance or car insurance policies) and which covers some or all of the client’s potential costs liabilities in any subsequent proceedings.

Question 6

After the event insurance

Answer 6

enables people to pursue a personal injury or clinical negligence claim by providing financial protection.

Question 7

Conditional fee agreements

Answer 7

A funding arrangement between a claimant and their solicitors where the solicitors agrees to act on a ‘no win, no fee’ basis.

Question 8

Civil cases- means testing

Answer 8

You must show you do not have enough money to pay for a lawyer
You must show you do not have disposable income to cover the costs

Question 9

Disposable capital

Answer 9

This is the assets of the person, such as money in the bank or savings account.

Question 10

Criminal cases- interests of Justice

Answer 10

1.it’s likely that I’ll suffer serious damage to my reputation
2.a substantial question of law may be involved
3)I may not be able to understand the court proceedings or present my own case
4)I may need witnesses to be traced or interviewed on my behalf the proceedings may involve
expert cross-examination of a prosecution witness
5)it’s in the interests of another person that I’m represented

Question 11

Law Commission

Answer 11

The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reform where it is needed. The aim of the Commission is to ensure that the law is: fair, modern, simple, cost effective

Question 12

Reform

Answer 12

Where the law needs to be updated- the topics may be referred to it by the Lord Chancellor. Since 1965, 19 Statute Law Repeals Bills have been enacted, repealing more than 3,000 Acts in their entirety and thousands more in part.

Question 13

Codification

Answer 13

Codification is the process of bringing together a legal act (or several related acts) and all its amendments into a single new act.

Question 14

Consolidation

Answer 14

The main purpose of a consolidation project is to draw together different enactments on a topic into a single Act. The Act usually replaces provisions in different Acts (and often statutory instruments) passed over a period of years. E.G. Powers of the Criminal Courts (Sentencing) Bill

Question 15

Repeal

Answer 15

It also proposes the repeal of laws that have become obsolete. The purpose of our statute law repeals work is to modernise and simplify the statute book, reduce its size and save the time of lawyers and others who use it.

Question 16

Examples of Law reform

Answer 16

1)Land registration Act 2002, which reformed and modernised the method of registering land
2)Corporate Manslaughter and Corporate Homicide Act 2007
3)Coroners and Justice Act 2015 – which includes reform of contempt of court.
4)Consumer rights Act 2015 which gives customers the legal right to reject faulty goods and the right to a refund If they act within a reasonable time.