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Laws101 > Part 1 S2 > Flashcards

Part 1 S2 Flashcards

(41 cards)

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1
Q

Civil law

A

Relating to private rights that are sough by action or suit as distinct from criminal precedings

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2
Q

Criminal law

A

The body of law defining offences against the community at large, regulating how suspevts are investigated charged and tried

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3
Q

NZ bill of right act 1990 states what about the right of a person charged

A

Right to consult and instruct a lawyer
Right to legal assistance without cost if the interest of justice so require and the person does not have the sufficient means for that assistance

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4
Q

What was Chief Justice of no statment about access to justice

A

Costa and elf and lack of representation all act as barriers to justice

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5
Q

Faulted to access to justice include

A 
Cultural inflexibility 
Geographic
Language barriers
Legal ignorance
Physical barriers

And cost of services

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6
Q

Civil legal aid cost

A

Only available to the poorest of New Zealanders

Expensive and one day in court is out of reach for many

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7
Q

Financial barrier- paying lawyers bill

What is rule 9

A

R9- lawyer must not charge a client more than a fee that is fair and reasonable - regard intrest of both lawyer and client

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8
Q

What do rule 9.1 factors include

A 
Time spend and results achieved 
Implants of matter to client 
Value of property 
Going rate in market 
Urgance and time limit imposed
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9
Q

3 responds to not being able to pay lawyers bill

A
  • taxpayer - legal service act
  • lawyers- conditional/ contegent fees
  • lawyers -pro Bono work
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10
Q

Legal aid (taxpayer) review

A

Legal services act 2011
Replaced 2000 act
Dame margret bazley

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11
Q

Legal service act 2011 purposes

A

To provide legal services to people with insufficient means and
Deliver those services in the most efficient and effective manner

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12
Q

Legal services definition

A

Legal aid, legal advice, representation, information and education

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13
Q

LSA11 includes

5

A 
Legal aid 
Community law centre
Public defence service
Duty lawyers scheme
Police detention legal assistance
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14
Q

What is the legal aid scheme

A

Government funded program pays for a lawyers fee if the client can’t afford
If granted, payment is made directly to lawyers
Civil and criminal covered differently

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15
Q

Criterial for granting legal aid for criminal offences

A

Applicant must establish that’s
They are a natural person
Insufficient means to obtain legal assistance

Charged with or convicted to a criminal offence punishable by 6months

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16
Q

Criterial for civil legal aid

A

Natural person or trustee
Their income and disposable capital exceed threshold prescribed in legal services and regulation act
They had reasonable grounds
Applicants pay $50 user charge

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17
Q

Civil legal aid includes

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A

Family and domestic disputes set by the family court
Taking a case (plaintiff) or defending a case in DC or HC
Suing breach of contract
Defending bankruptcy

18
Q

Civil actions not covered include

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A

Dispute tribunals
Layers work not including court (will)
Disputes involving schools, uni
Elections petition

19
Q

Community law centres

Study These Flashcards
A

20plus nationwide
Mix of legal services
For everyone

20
Q

Public defence service PDS

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A

Government funded agency
PDS defend people on criminal charges who are eligible for legal aid
Largest crim aid in nz
Employing 160plus lawyers

21
Q

Duty lawyers scheme

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A

Ensure sufficient number of lawyers in each DC to assist defendants charged with an offence
Helps with pleas,bail
Tax payer funded

22
Q

Police detention legal assistance scheme

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A

Ensure enough lawyers for legal advice or assistance to any person
Available when people are being questioned by police
Weather to be arrested or not
Tax payer funded

23
Q

Gb

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A

Conditional/ contegancy fees

24
Q

Gc

Study These Flashcards
A

Pro bono work

25
Conditional/contegency
An agreement to with the payment of a lawyers fee is contingent on special event - usually success of litigation - no win no fee
26
Common law concerns contegency as
“Maintenance” -assistance stansomeone not knowing of the law “Chaperty” maintenance of action in consideration to a promise to give someone share in proceeds
27
LCA S333 Conditional fees are..
Conditional fees-agreement, layer agrees only if fee is successful Normal fee Premium-addition money if Out come is successful Expressed in provision Is not calculated as a proportion of amount recovered
28
Contegency fee as of today
Conditional fee- agreement lawyer agrees only of see if successful Normal fee- normal Premium- addition money / remuneration if Outcome is successful Expressed in provision IS NOT CALCULATED AS PROPRTION OF AMOUNT RECOVERED
29
Requirement for conditional
Advise client about legal aid possibilities 5 working day “cooling off period” Total fee must be fair and reasonable as per 9 Must be in writing define “success” and detail expenses will be charged And the end of the work lawyer must give the client a bill which disclosed the normal fee and the premium
30
All options for contingency Upton secede
Speculative-normal fee only if successful Bare oercentage-fixed percent of winnings - don’t have in no Sliding percentage %gets higher- don’t have in nz Free premium-normal fee plus premium
31
Contegency/ conduct is legal true or false?
True
32
No limits on conditional fees, what are the only 2 acceptable in NZ
Speculative-normal fee only if successful | Fee premium-normal fee plus premium, provided premium is not a percentage
33
What is the requirement for lawyers using conditional fees
Advice clients about legal aid possibility’s 5 working day cooling off period Total fee, must be fair and reasonable as per rule 9 Must be in writing and define success in detail At the end lawyer must give client a bill which disclosed the normal fee and premium
34
Arguments against Contagion fees
Lawyer may settle claim early Fee chasing or stirring up litigation Increase of litigation services overtime Legal aid more appropriate, enables government to avoid obligations
35
Arguments in favour
Access to justice, all that is need is a good cause More more effective and effluent - as motivated to win Particularly effective for class actions Freedom of contract
36
What is pro Bono work?
Means “In the public good” A lawyer without a fee, without the exception of a fee or reduced f
37
What does pro Bono work cater for
Clients with no other access Lawyers engaged in community’s/ voluntary Uni of Otago states it should be for people who can’t afford No lawyers should aim for 35 hours annually
38
New Zealand has a high proportion of lawyers involved in voluntary work true or false
True
39
Motivations for probono
A duty- a profession with a monopoly special obligation to provide justice at low costs S4 of 2006 act- up hold rule of law and facilitate justice Rules of conduct and client care- preservation of integrity and reputation of the profession is the responsibility of every lawyer Others include ``` Compulsions Comer for others - altruism Colleges Makes you feel good Client expectations Spin offs Employee expectations ```
40
Arguments for pro Bono
``` Duty of the department Cost of the monopoly Commitment to justice system - rule of law Specially suited to assist Students early practioner ```
41
Arguments against
Definition issues No comparable duty for other practioners Illegitimate tax Government avoids responsibility Sits up litigation- demand for free sevice Second rate service- won’t give full effort

Laws101 (6 decks)

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