Criminal/Tort Mini Topic 4/5- Legal Personnel/Judiciary

Question 1

What are the two branches that the legal profession is divided into?

Answer 1

1. Barristers (12,000)
2. Solicitors (120,000)

Question 2

What is the role of a solicitor?

Answer 2

1. Interview clients and take statements
2. Draft documents and write letters
3. Represent clients in a police station not a court because they have little advocacy
4. Advise clients on legal issues

Question 3

What do many solicitors specialise in?

Answer 3

1. Conveyancing (moving house)
2. Commercial (conduct of persons and businesses engaged in commerce)
3. Criminal and family

Question 4

Where do solicitors work?

Answer 4

Solicitor’s office and/or CPS, government.

Question 5

What is the governing body of solicitors that represents them?

Answer 5

Solicitors’ Regulatory Authority (SRA)- deals with complaints about solicitors and will investigate and punish misconduct.

Question 6

What are the 4 Inns of Court which a barrister must be a part of at least one?

Answer 6

1. Gray’s Inn
2. Lincoln’s Inn
3. Inner Temple
4. Middle Temple

Question 7

What is the role of a barrister?

Answer 7

1. Can represent a client in court as they have full advocacy and rights to an audience in England and Wales
2. Write opinions on cases, deaf documents, give advice.

Question 8

What can barristers apply to be after gaining enough experience?

Answer 8

A Queen’s Counsel (QC. now KC- King’s Counsel), the highest ranking barrister.

Question 9

What are the regulatory bodies for barristers?

Answer 9

1.The General Council of the Bar represents barristers
2. The Bar Standards Board sets training, code of conduct and regulates barristers

Question 10

What is a legal executive?

Answer 10

A qualifies lawyer that has worked in a solicitors’ firm for 5 years (after 5 years they can become a solicitor if they pass the LPC).

Question 11

What is the role of a legal executive?

Answer 11

Deal with the more straightforward part of a solicitor’s job eg aspects of property transfer assisting in the formation of the company, draft wills, alive clients involved in petty crime and advise clients on matrimonial problems.

Question 12

What are the regulatory bodies for legal executives?

Answer 12

1. Chartered Institute of Legal Executives (CLIEx)- provide training and code of conduct
2. CLIEx Regulation Board investigates complaints and provide punishment

Question 13

What courts do superior judges sit in?

Answer 13

1. Supreme Court (House of Lords)
2. Court of Appeal
3. High Court

Question 14

What courts do inferior judges sit in?

Answer 14

1. Crown Court
2. County Court
3. Magistrate’s Court
4. Tribunals

Question 15

What are the most senior judges who sit in the Supreme Court called?

Answer 15

Justices of the Supreme, most senior judges in England, Wales, Scotland and Northern Ireland (formerly known as Law Lords)

Question 16

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

Answer 16

Hear points of law of great importance and any decisions made on a point of law become precedent. Must sit in an uneven panel so a decisions is reached.

Question 17

What are judges who sit in the Court of Appeal called?

Answer 17

Senior judges (formally Lord and Lady Justices of the Appeal)

Question 18

What is the role of a senior judge?

Answer 18

To hear appeals, usually sit as a panel of 3. Decisions made on a point of law become precedent for lower courts to follow.

Question 19

What are judges who sit in the High Court and Crown Court called?

Answer 19

High Court Judges

Question 20

What is the role of a High Court judge?

Answer 20

In the Queen’s Bench Division (QBD) of the High Court, they hear criminal appeals from the Magistrates Court and sit in a panel of 2.

Question 21

What are the judges who sit in the Crown Court called?

Answer 21

Circuit Judges

Question 22

What is the role of a circuit judge?

Answer 22

Criminal- Hear criminal trials (sit with a jury) and decide the law and sentence and guilty.
Civil- Fast track cases between £10000-25000 compensation

Question 23

What is a Recorder judge?

Answer 23

They are part time judges who are still practicing solicitors or barristers, usually sit in the magistrates court

Question 24

What is the role of a Recorder?

Answer 24

Try criminal cases; sit alone; decide facts on points of law and decide sentence os guilty.

Question 25

What is the name of a judge who sits in the Magistrate’s Court?

Answer 25

District Judge

Question 26

What is the role of a District Judge?

Answer 26

Criminal- Try criminal cases, sit alone, decide facts and law and decide sentences is guilty.
Civil- Hear small claim track cases up to £10000.