legal personnel flashcards

Question 1

who are the 4 legal personnel that we need to know about?

Answer 1

-barristers
-solicitors
-legal executives
-judges

Question 2

what is the role of a barrister?

Answer 2

-a barrister is a legal adviser who advises clients on legal matters and represents them in court.
-they either defend d or prosecute for cps.
-they are advised by a solicitor who has initially spoken with d
-they help advise d on whether or not to plead guilty, and help decide after the case whether or not to appeal
-have full rights of audience so can represent in any court

Question 3

why are barristers important in court?

Answer 3

civil cases are largely handled through written evidence/arguments that the barrister has prepared

Question 4

when can a barrister apply to be a kings council?

Answer 4

after at least 10 years of practicing, and will have references from lawyers and judges who have dealt with the barrister before

Question 5

what duties do barristers owe to a client and the court?

Answer 5

-client: they owe a duty of confidentiality. Because of confidentiality, if a client admits their guilt to a barrister, the barrister does not have to disclose this, but the barrister cannot represent that client if they plead not guilty, due to the barrister’s duty to the court.
-court: cannot mislead court or waste their time, giving all evidence even if it weakens their case

Question 6

what is the cab bank rule?

Answer 6

The ‘cab rank rule’ shows that barristers usually cannot turn down a case if it is in their area of expertise and they are available

Question 7

how are barristers regulated? what is the case that shows this?

Answer 7

-bar standards board or serious cases go to displinary tribunal
-Hall v Simons
-if a barrister was negligent they are not immune to being sued

Question 8

what is the role of a solicitor?

Answer 8

to advise and represent client in a variety of legal matters

Question 9

how are solicitors regulated?

Answer 9

• the solicitors regulation society (sra) handles complaints of misconduct
  -if the matter is serious then they bring the case to disciplinary tribunal
  -if the complaint is upheld, the solicitor can receive a warning/fine/suspension/struck off

Question 10

what happens if the complainant is unhappy with the decision of sra?

Answer 10

the legal services act 2007 allows them to complain to the legal ombudsman

Question 11

can solicitors be sued? what case shows this?

Answer 11

-white v jones
-they can be sued

Question 12

what is the role of a legal executive?

Answer 12

-they advise clients and explain more simple legal matters to them
-assisting solicitors
-preparing documents, drafting emails etc

Question 13

how to become a legal executive?

Answer 13

-cilex course
-3 years of legal experience
-need a certificate of advocacy

Question 14

how are legal executives regulated?

Answer 14

-cilex will hand over to professional conduct panel to decide whether there was a breach
-disciplinary tribunal
-can go to legal ombudsman

Question 15

what are the 6 different types of judges?

Answer 15

-district judges
-recorder
-circuit judges
-high court judges
-lord justice of appeal
-justices of the supreme court

Question 16

what is the role of a district judge?

Answer 16

-handle both civil and crim in low courts
-in county court they hear low value tort and contract cases
-in mags court they sit alone in place of 3 mags

Question 17

how to become a district judge?

Answer 17

-must be a qualified solicitor or barrister
-have 5 years of law experience or been a deputy district judge
-legal executives can only become deputy district judges

Question 18

what is the role of recorder judges?

Answer 18

-handle slightly more complex cases in county court and crown court
-they are similar to circuit judge

Question 19

how to become a recorder?

Answer 19

-part time post for solicitors or barristers who have at least 7 years of experience

Question 20

what is the role of a circuit judge?

Answer 20

-hear a wider range of legal issues including family and property in county court
-also handle cases in crown court

Question 21

how to become a circuit judge?

Answer 21

-barrister or solicitor with at least 7 years of experience
-ideally served as a district judge or recorder previously

Question 22

what are the roles of a high court judges?

Answer 22

-they handle cases in one of three divisions of high court;
.kings bench division= handle high value contract and tort cases, as well as serious cases in crown court
.chancery division= hear high value claims about business disputes and financial affairs
.family division= hear claims about divorce etc
.high court judges= may assist lord justices of appeal with cases related to their division

Question 23

how to become a high court judge?

Answer 23

-previously a barrister or solicitor
-at least 7 years of experience or been a circuit judge for 2 years
-usually have been practicing barristers for over twenty years

Question 24

what is the role of lord justices of appeal?

Answer 24

handle cases in either crim or civil division of court of appeal where they hear appeals from the crown court or divisions of the high court

Question 25

how to become a lord justice of appeal?

Answer 25

-been qualified as a solicitor or barrister for at least 7 years -or be an existing high court judge

Question 26

what is the role of justices of the supreme court?

Answer 26

handle appeal cases on matters of public importance

Question 27

how to become a justice of supreme court?

Answer 27

chosen from the court of appeal or those who have served in senior courts for at least 15 years

Question 28

what is separation of powers?

Answer 28

the idea that legislature should make the law, executives should administer the law, and judiciary should interpret and apply the law

Question 29

what is judicial independence?

Answer 29

judicial independence means judges not being tied to the other arms of the state or the parties involved in a case

Question 30

why is judicial independence important?

Answer 30

allows judges to access how law is made and administered without a risk of bias or pressure as well as removing any personal bias

Question 31

what are the measures put in place for judicial independence?

Answer 31

-The Constitutional Reform Act 2005 -the supreme court -security of tenure -independent salary -immunity from lawsuits -judicial review -human rights -no connection to the case

Question 32

what is the constitutional reform act 2005?

Answer 32

-made law chief justice the head of judiciary instead of lord chancellor -this keeps the judiciary more separate from the other arms of state -under s3 of the act it states anyone relating to the judiciary must uphold their independence and must not seek to influence judicial decisions

Question 33

what does the supreme court do to help judicial independence?

Answer 33

the house of lords changed its name to the supreme court to avoid confusion

Question 34

what is security of tenure?

Answer 34

-superior judges cannot be dismissed by the government only the monarch -however inferior court judges can be dismissed by the lord chancellor

Question 35

what does independent salary do to help?

Answer 35

-judges are paid by an independent body so wages cannot be changed by parliament -however parliament can change the age of retirement

Question 36

what does immunity from law suits do to help?

Answer 36

it means that judges are immune from being prosecuted for any acts carried out during their duty

Question 37

what does judicial review do to help? what case shows this?

Answer 37

-judges can review law made by government ministers or public bodies under delegated legislation showing the ability to check the power of executive -Agricultural Training Board v Aylesbury Mushrooms

Question 38

what does human rights do to help judicial independence? what case shows this?

Answer 38

-the human rights act allows judges to declare that an act is incompatible with human rights which pressures government to change the law -A v SoS for the Home Department

Question 39

what does not connection to the case do to help? what is the case to show this?

Answer 39

-judges cannot have any involvement with the case they are handling -Re Pinochet

Question 40

what are the advantages of the judiciary?

Answer 40

-judges are always experts in their fields, and have lots of experience so cases will always be handled by those most educated -judges are impartial so divisions are being made free of any influence -it is very diverse so reduces the risk of bias

Question 41

what are the disadvantages of the judiciary?

Answer 41

-judges are usually quite old due to having years of prior experience so may have bias or not understand some more modern issues -usually most judges come from the same background and are of the same ethnicity so may not be educated on other cultures etc -most judges are male -it is questioned whether the judges are truly independent as government can change laws like retirement age