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AS and A Level: Legal personnel

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  • Marked by Teachers essays 9
  • Peer Reviewed essays 1
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  1. Marked by a teacher

    Barristor and Solicitor

    4 star(s)

    course as for the others, such as BA courses, may not have all the key subjects in the course. Before taking the next stage of training, students must demonstrate that they have covered the same key subjects at University as solicitors. To become a barrister you need a good class degree, as competition is high; at least 2II is required. The law students need to decide whether they want to be barristers while at university, as all applications go to the Bar Vocational Course, this must be made in the first term of the last year at university. However, with student with non-law degrees can also become barristers but the process takes a year longer to complete.

    • Word count: 896
  2. Marked by a teacher

    Law and Fault

    4 star(s)

    is a requirement of justice'. Involuntary actions give way to the general defence of automatism, which concerns situations where the defendant did not control their actions as they were caused by an external factor. If the defence of automatism is successful, it will lead to full acquittal. This was seen in T 1990, where the courts accepted post-traumatic stress as suitable for automatism as it was caused by the external factor of rape. This shows that English law is concerned with the concept of fault to a high degree as there are defences for not only the mens rea of a crime, which will be discussed earlier, but also the actus reus.

    • Word count: 1804
  3. Marked by a teacher

    LAW REPORT on Macgregor(TM)s case

    4 star(s)

    or Multi Track procedure (claim value �15,000-�50000), or at the High Court of Justice (although this is unlikely given that the claimant must reasonably expect to recover �50,000 or more), subject to the perceived gravity and complexity of the case and the amounts claimed therein. Peter's claim for the theft of his camera would be dealt with by the County Court under the small claims procedure, on the fairly safe assumption that his loss is valued at less than �5000.

    • Word count: 2652
  4. Marked by a teacher

    European law

    4 star(s)

    In due course it could be argued that the ECJ has developed into a political court. However, the provision for individuals to protect their own Community law rights is limited. The EC Treaty provides for the European Commission or a Member State to bring an action against a defaulting State under Articles 226-2275 but again these provisions are of limited effectiveness, in particularly concerning the enforcement of individual's rights. The foremost difficulty was that the Commission or other Member States might not be alert of a breach; the Commission is a small weak body, which has limited resources, and for that reason cannot monitor compliance of every measure of Community law.

    • Word count: 3737
  5. Marked by a teacher

    Should Barristers and Solicitors Fusion or remain as two separate professions? The professions of barrister and solicitor are separate and the work is different

    4 star(s)

    On the other hand, solicitors can give legal advice to the public- so people can directly contact them, still do paper work ( such as prepare cases, appeals, write letters, contracts and wills) and meet all clients even in prison, interview and phone witnesses and clients. There are still many differences, such as the professional body for each profession, the basic qualifications, the practical training, method of training, relationship with client and liability. However, both of them have full rights to advocacy.

    • Word count: 1039
  6. Marked by a teacher

    Describe the training for both Barristers and Solicitors.

    3 star(s)

    The fees for this are about 7000 pounds and this will lead to the vocational stage. If you are a non graduate and want to become a solicitor you must take the Institute of Legal Executive route and take exams part 1 and 2 as well as work in a solicitors firm for 5 years. To become a barrister you must take a 2 year CPE course in law. This will then lead you to the vocational stage. At the vocational stage if you are training to be a solicitor you must take a Legal Practice Course (LPC) which is a 1 year course full time and 2 years part time.

    • Word count: 578
  7. Marked by a teacher

    Evaluate the extent to which judges are representative of society.

    3 star(s)

    Griffiths' point was that judges tend to support the establishment. However, academic Simon Lee argues that these ideas are far too simplistic to apply to all judges. He states that although the majority of judges are in fact old, white, middle classed men, it does not necessarily mean they will all think the same. Although Simon Lees point that judicial bias needs to be proved is valid, there has however been research into the limited class background of judges. Research found that in 1995, 80% of high ranking judges were educated at Oxbridge and since 1997, 80% were educated in a public school.

    • Word count: 838
  8. Marked by a teacher

    What is the role of the jury in criminal and civil cases

    3 star(s)

    The jury must come to a unanimous or majority decision in order to conclude a verdict. Juries are used in all criminal cases at first instance in the Crown Court. They try the most serious indictable offences such as murder and also either way offences such as theft, both of which, where the defendants plead not guilty. Summary offences such as driving without a licence are heard in the Magistrates Courts, so in reality only 5% of criminal cases are tried in the Crown Court and in many of these cases defendants plead not guilty so there is no need for a jury.

    • Word count: 764
  9. Marked by a teacher

    Explain how judges are appointed and how the courts and legal service act 1990 along with other acts have affected the selection and training, also discuss the argument that judges are old white and mainly male who are out of touch with society.

    3 star(s)

    The superior judge and an inferior judge. Inferior judges consist of District judges, Circuit judges and Stipendiary judges. These types of judges, are all the starting point in becoming a superior judge. An inferior judge applies for their position though newspaper advertisements. The minimum period that you must have been a solicitor or barrister is ten years. You must also fit the right qualities given out by the Lord Chancellors office. Before an inferior judge sits on a case, they must have permission to do so by the Lord Chancellor. Because the Lord Chancellor still has direct control over the inferior judges, sometimes they can easily be persuaded to swing a case a particular way in cases that is governmentally orientated.

    • Word count: 1071
  10. Describe the qualification and selection of magistrates

    The third is that they must have social awareness; this means that they must have an awareness of local knowledge and problems as well as an awareness of ethnic and cultural backgrounds. The fourth is that they must be of sound judgement, this means that they must be able to think logically and weigh up both sides of the argument as well as being open minded and being able to control prejudice.

    • Word count: 554
  11. The task of the jury is to weigh up the evidence presented to them and decide on what is true. The judge will direct the jury on points of law but decisions of fact are for them alone to decide.

    The judge will direct the jury on points of law but decisions of fact are for them alone to decide. In a criminal case, the judge decides on the appropriate sentence; in a civil case the jury will decide what amount of money should be awarded in damages. The juries only operate in a minority of cases and their role is being reduced to save money. Criminal offences are classified into three groups: summary only offences, which are tried in magistrate's court; indictable offences, which are tried in the crown court; and either way offences which, as the name suggests, may be tried and in either the magistrates courts or the Crown court.

    • Word count: 1556
  12. Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. This was amended in the Constitution Reform Act 2005. This was amended in the constitution Reform Act 2005.

    The last problem with the appointment procedure was, it was discriminatory. A 1997 study commissioned by the Association of Women Barristers is of interest. It found that there was a strong tendency for judges to recommend candidates from their own former chambers. The study looked at appointments to the High Court over a ten year period and found that of 104 judges appointed, 67.3 percent of them came from a set of chambers which had at least one ex-member among the judges likely to be consulted. In addition, an amazingly high percentage of appointments come from the same handful of chambers; 28.8 percent of new judges from new chambers in England and Wales.

    • Word count: 1214
  13. The role and appointment of judges.

    if the evidence is admissible; if not he/she will tell the jury to ignore that evidence. Once all evidence in the case has been heard, the judge makes his/her summing up to the jury. The judge sets out the law on each of the charges made and what the prosecution must prove if the jury are to find the defendant guilty on each charge. He/she will outline the strengths and weaknesses of the arguments for both prosecution and defence and remind the jury of the key points of the case.

    • Word count: 1022
  14. Court Visit

    I gratefully accepted and proceeded to wait in the foyer outside the courtrooms. There was a rather subdued and downcast ambiance surrounding the vicinity and, admittedly, rather comparable to that of the courtroom itself. Once seated in the courtroom I observed the clerk, instruct the defendant to identify themselves by name, then state the charge against them and inform the magistrates whether or not the defence had made an application for bail. In both cases I must point out that the magistrates, who are generally not overly knowledgeable about the law, appeared to rely heavily on the clerk's understanding of not only the procedures of the court but also on points of law.

    • Word count: 809
  15. Free essay

    Legal personnel

    In some universities student might be given the choice of selecting which modules they would like to study, however regardless of the modules they choose to study, they would have had to study core modules such as Public Law; which covers Constitutional and Administrative Law, including Human Rights; Law of the European Union; Criminal Law; Obligations, which include Contract, Restitution and Tort Law; Property law, Equity and the Law of Trusts, (www.barstandardboard.org.uk). Achieving this degree will qualify a student to be recognized, by both the Law society for trainee solicitors and the Bar council for trainee barristers.

    • Word count: 3208
  16. Evaluate police powers of arrest, detention and search.

    However should the warrant prove, on later examination, to be invalid the arrest enacted under it would be unlawful. There is a sharp distinction between arrestable offences under s24 of PACE and non-arrestable offences under s25. Arrestable indictable offences are the more serious crimes such as murder, rape, kidnapping, and causing serious bodily harm. The Court of Appeal in Castorina v Chief Constable of Surrey3 stated that a trial court in assessing the lawfulness of an arrest under s24 of PACE should ask itself three questions: Did the arresting officer suspect that the person arrested was guilty of the offence; were there reasonable grounds for that suspicion; and did the officer exercise his discretion in order to make the arrest.

    • Word count: 4707
  17. Explain the role of the ECJ.

    It ensures, for example, that national courts do not give different rulings on the same issue. The Court has the power to settle legal disputes between EU Member States, EU institutions, businesses and individuals. An example of this is in the case Factortane, where Spanish fishermen were fishing in British waters. British fishermen were unhappy with this, and complained to parliament. In response Parliament introduced the Merchant shipping act 1998, this imposed conditions on the ability of the Spanish fleet to fish on UK waters. A certain percentage of the crew had to be British, along with the boat having to be registered as a company in the UK.

    • Word count: 823
  18. Explain (a) the process of selecting magistrates and (b) the work that they carry out in the courts. How effective do you consider their role to be in the Judicial System?

    the advisory committee is mainly made up of magistrates, so there is local knowledge. Candidates usually apply to become magistrates, either in response to advertisements, or directly to the secretary of a local advisory committee or to the ministry of justice. after this there are at least two interviews before the advisory committee. to be a magistrate, there is certain criteria one must go through. to be a magistrate you don't have to have any formal qualifications, but they receive training before sitting.

    • Word count: 1312
  19. Law and Judicial creativity

    There are many theories of the importance of the judiciary and how judges exercise their power. Blackstone, an 18th century legal commentator, states that judges do not make law; merely that the rules of precedent allow them to discover law that has always been there. New decisions simply mean that the decision overruled was not law - it was a wrong answer. This has been criticised for being an unrealistic view as law evolves over time, therefore what may have been the "right" decision at one point may have been thought to be unreasonable when applied in a future case.

    • Word count: 1789
  20. Storing Scientific Data

    The new theories emerge sometimes while realising that some limit had not previously been sufficiently well defined. For example, the first paper of Albert Einstein on relativity starts by defining simultaneity and the means of determining the length. These ideas were jumped more from Isaac Newton with, "I do not define time, space, place and motion, as being well known to al."(Answers, 2008). The progress of new machinery affects the originality of products such as mobile, wireless, invisible calculation products and managed networked systems.

    • Word count: 2229
  21. Human Factor

    And if they can't communicate properly they may not understand the work properly and they may do something differently to the set task. Lack of resources is one of the things which can limit human performance because human can't do some work without the right tool and most of the time humans truest there tool to do the job for example putting a right force on a screw and if they don't have the right resources they can't perform normally.

    • Word count: 860
  22. Discuss the pros and cons of the current system of training of barristers and solicitors.

    The advantages of the current system of a barrister would be that the barrister meets other professionals that can advise him/her when they join an Inn of Court; they will meet people such as Queens Counsel, other training barristers and judges. Also when a barrister is doing pupillage they are paid a small amount and even though costs for training are high there are loans available. The option that a barrister can do 2 years part time for their Bar Vocational Course means they can be more work relieved and have more time to pay the expense.

    • Word count: 591
  23. Legal professions merger essay

    Oral argument, to them, is a small addition to very extensively written "briefs." Here, the oral hearing is paramount. So, in that case, I will start by listing the advantages, and then the disadvantages of such a proposal. This I feel, will give me the best chance of making a judgement and concluding from there. First of all, cost and security... If we just had 'lawyers,' one would be able to stroll into a law firm and know they were just going to be dealing with those people. This should also mean that you can cut your expenses, as you won't have to pay extra for a barrister, on top of the money you're paying your solicitor.

    • Word count: 854
  24. Family Law

    niece and uncle or the step children of any person previously married to the child's parent and who have played a pivotal role in the upbringing of the said child. If either party is under 16 years old this is also a void marriage, if either party was already married this too becomes void(Chard v Chard). Void marriages also include same sex partners (Corbett v Corbett and Bellinger v Bellinger) unless it is a transsexual who has obtained a full gender recognition certificate under the Gender Recognition Act (2004)

    • Word count: 5366
  25. FORENSICS ON TRIAL

    In 1775, Carl Wilhelm a Swedish chemist made an equipment to detect arsenous oxide in corpses in only large quantities. This investigation was extended in 1806 by a German chemist called Valentin Ross who studied how to figure out poison in walls of a victim's stomach. James Marsh an English chemist used chemical processes to determine arsenic as the cause of death in an 1836 murder trial. Lancaster 1784, England, John Toms was convicted for murdering Edward Culshaw with a pistol.

    • Word count: 1196

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