AS Law English Legal System Revision Guide (OCR)

Arguments and evidence for all English Legal System past questions, but a few at the end haven't been completed.

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AS Law English Legal System Revision Guide (OCR)
Describe the training, organisation, work and complaints procedure of solicitors and barristers.
Solicitors Barristers
Training 1a) Law degree (3 years, £9000 per 1a) Law degree (3 years, £9000 per year)
year) 1b) Non law degree (3 years, £9000 per
1b) Non law degree (3 years, £9000 year) and GDL/CPE (1 year, £9000)
per year) and GDL/CPE (1 year, 2) Membership of an Inn of Court dine
£9000) or go on a course
2) Legal Practice Course (1 year, 3) Bar Professional Training Course (1
£10000£15000) year, £12000£18000)
3) Training contract (4x6 months, 4) Call to the Bar
salary) and Professional Skills 5) Pupillage (2x6 months, funded
Course minimum of £12000)
4) Admission to the Roll
Organisatio There are about 160,000 solicitors There are about 12,000 barristers in the
n in the UK UK
Work in firms Work in chambers
Some are employed by businesses Are mostly self employed
inhouse and the government Some work with the Crown Prosecution
Governed by the Law Society Service
Regulated by the Solicitors Governed by the Bar Council
Regulation Authority Regulated by the Bar Standards Board
Since the Legal Services Act 2007 Have a clerk to organise their cases and
solicitors can work in Alternative clients
Business Structures or Cab Rank Rule means barristers must
MultiDisciplinary Partnerships accept cases the clerk gives them unless
Work Meetings clients, solicitors, Negotiations client (guilty/not guilty),
barristers, paralegals barristers, solicitors, paralegals
Advice office (30 mins for free), Legal research
station (Duty Solicitor Scheme), Advocacy have full rights of audience in
court all courts
Documents wills, divorce Writing opinions on cases, e.g. if a client
Matrimonial marriage, divorce stands a chance or not
Advocacy in magistrates courts
unless have Certificate of Advocacy
Case research litigation
Conveyancing selling property
Complaints 1) Firm only deal with minor 1) Chambers only deal with minor
issues, can't take serious issues, can't take serious disciplinary
disciplinary action but can fire action but can fire barrister or order to
solicitor or order to pay back pay back client's money
client's money 2) Bar Standards Boards regulates
2) Solicitors' Regulation Authority barristers, deals with breaches of the
regulates solicitors, deals with Code of Conduct, sets up Barristers
serious professional misconduct, Disciplinary Tribunals or refers case to

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Solicitors Disciplinary Inns of Court, can fine, reprimand,
Tribunal, can fine, reprimand, suspend or strike off barristers
suspend or strike off solicitors and 3) Barristers' Disciplinary Tribunal
close down firms arranged by the Bar Tribunals and
3) Solicitors' Disciplinary Tribunal Adjudication Service, 3 or 5 panel
independent, heard by a panel of members, mostly the same as solicitors'
two solicitors and one lay member, tribunals
master of the Rolls appoints 4) Court action barristers can be sued
members, usually public, the power for negligence but…read more

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What are the problems of lawyers' training?
Problems of training Counterarguments
Difficulty finding a training contract or Lawyers who haven't finished their training
pupillage means many lawyers never finish can become paralegals until they find a
training training contract or pupillage
High costs and funding isn't guaranteed, so The Law Society and firms fund training, and
those with financial backing have a higher the lawyer is likely to pay off any debts once
chance of qualifying than those who lack they are fully trained and…read more

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Have recent changes lessened the differences between solicitors and barristers?
Lessened difference Haven't lessened differences
Courts and Legal Services Act 1990 allowed Few solicitors have the certificate and judges
solicitor in private practice to apply for dislike/criticise solicitor advocates
Certificate of Advocacy enabling solicitors to
appear in the higher courts
Direct Access 2004 barristers can now take Limitations Direct Access not available in
civil cases from the beginning criminal cases
The complaints procedure has been fused at Still have different regulatory and governing
certain levels…read more

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Are the complaints procedures for solicitors and barristers satisfactory?
Satisfactory complaints procedures Not satisfactory complaints procedures
The Legal Ombudsman are independent so Some complaints are dealt with by the
shouldn't be biased and should get an professions' own bodies so could be biased,
impartial result e.g.…read more

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Legal Ombudsman only deal with poor Legal Ombudsman only deal with poor
service, so can focus all their time and service, so can't deal with other issues that
expenses on this. affect clients, such as professional
Describe the qualifications, selection, appointment, training, role, complaints and dismissal of
judges.…read more

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Role Magistrates' Court keeping order Hearing points of law arguments,
in court, ruling on points of law, deliver a reasoned judgement on
ruling on admissibility of evidence, what the point of law may be, create
deciding guilty/not guilty, passing precedents that lower courts must
sentences, "master of both law and follow.
facts", issuing search/arrest
warrants. Chairing judicial inquiries (e.g.…read more

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Parliament, only used once
sexist/racist offences, and more (in Ireland to remove Sir John
serious offences). Rarely used, (e.g. Barrington in 1830 for embezzlement
in 1983 to remove Circuit Judge of public funds).
Bruce Campbell for evading High Court Judge Mr Justice Harman
customs duty on cigarettes and resigned in 1998 after being accused
whiskey). of weakening public confidence by
Recorder may not have their delaying a case by 20 months and
contracts renewed on the grounds being out of touch.…read more

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They also have to spend a week shadowing an experienced judge before sitting
Superior Training is voluntary for superior judges.
Areas of There are three areas of training by the Judicial College (1) Law, evidence,
training procedure and subject expertise, (2) judicial skills such as leadership and
management skills, (3) social context such as backgrounds, diversity and equality.
Training · Training for the judges is given by judges, and academics may be invited to give
methods lectures and evaluate training methods.…read more

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Judicial Positive steps to diversify the Only 29% of JAC appointments in
Appointment judiciary ­ more women and ethnic 201213 were female should be 50%.
s minorities being encouraged to 8% of the country are ethnic minorities
Commission apply. Highest number of female so 4% is disproportionate.
High Court Judges to date (17/100)
and 4% of judges are ethnic
minorities.…read more


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