Access to Justice Flashcards
(8 cards)
What is the main purpose of legal aid in the UK?
A. To ensure all lawyers are paid fairly
B. To reduce the burden on the courts
C. To increase conviction rates
D. To support access to justice for those who cannot afford legal representation
D. To support access to justice for those who cannot afford legal representation
Explanation: Legal aid is designed to ensure fair access to legal advice and representation for those who otherwise cannot afford it.
Maria is arrested on suspicion of theft. She cannot afford a lawyer. Which of the following statements is correct?
A. Maria will only receive legal aid if she pleads not guilty
B. Maria is entitled to free legal representation at the police station regardless of income
C. Maria must prove her innocence to qualify for legal aid
D. Maria must be under 18 to qualify for legal aid
B. Maria is entitled to free legal representation at the police station regardless of income
Explanation: Everyone is entitled to free legal advice at the police station, no matter their age or financial status.
Which type of case is most likely to be “in scope” for civil legal aid under LASPO 2012?
A. Divorce proceedings involving child contact
B. Asylum and immigration detention cases
C. Employment tribunal claims
D. Disputes over consumer goods
B. Asylum and immigration detention cases
Explanation: Schedule 1 of LASPO 2012 includes certain areas like asylum, mental health, and public family law. Divorce and employment disputes are largely excluded.
Josh is being sued in the County Court. He decides to represent himself and brings a friend with him to help during the hearing. Which statement is correct?
A. His friend is acting as a McKenzie Friend
B. His friend must be a qualified lawyer
C. His friend cannot take any notes during the hearing
D. His friend must register with the Legal Aid Agency
A. His friend is acting as a McKenzie Friend
Explanation: A McKenzie Friend is someone who assists a litigant in person in court. They are not legally qualified but can help take notes and offer support.
A client applies for civil legal aid for a housing matter. Their case passes the merits test but they earn a modest income and have £20,000 in savings. What is the likely outcome?
A. They will be denied legal aid due to their disposable capital
B. Legal aid will be granted only if the case is likely to settle
C. They will automatically be granted legal aid
D. Legal aid is not available for housing matters
A. They will be denied legal aid due to their disposable capital
Explanation: The Legal Aid Agency considers both disposable income and capital. High savings can disqualify a person even if the case passes the merits test.
Which of the following is NOT a valid criticism of the increased reliance on McKenzie Friends?
A. They are often unregulated and may give poor advice
B. They are sometimes paid without oversight
C. They always increase the efficiency of hearings
D. They may cause harm by holding themselves out as legal advisers
C. They always increase the efficiency of hearings
Explanation: In fact, McKenzie Friends may slow proceedings and create confusion, especially if untrained or misrepresenting their expertise.
What is the correct relationship between digital court reforms and public legal education?
A. Legal education should be replaced by better IT systems
B. Digital reforms have made legal advice unnecessary
C. Public legal education helps people understand and use online court systems
D. Legal capability only matters for legal professionals
C. Public legal education helps people understand and use online court systems
Explanation: Legal capability is critical to ensure people can properly navigate digital court systems and recognise when legal advice is needed.
Which statement about litigants in person is true based on Ministry of Justice findings?
A. They often speed up court proceedings by avoiding legal formalities
B. They are always treated equally by the judge without issue
C. They tend to reduce the costs for all parties involved
D. They may cause delays and increase hearing lengths due to lack of legal understanding
D. They may cause delays and increase hearing lengths due to lack of legal understanding
Explanation: Ministry of Justice research found that litigants in person often slow proceedings and increase burdens on judges and court staff.
