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AS and A Level: Legal personnel

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  • Marked by Teachers essays 9
  • Peer Reviewed essays 1
  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

    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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. judges and jury's

    Occasionally, the judge may have to intervene to restore order in court or to ask a witness to clarify what she is saying, and where a defendant chooses to represent himself the judge ensures that he is given every chance to put his case and have it properly considered. The jury's role is to assess the guilt or innocence of the defendant on the basis of the evidence put before them. When all the evidence has been given, the lawyers on each side put their final arguments and the judge explains to the jury the law applicable to the case.

    • Word count: 965
  12. Reform Law

    The definition given to 'wounding' in C (a minor) v Eisenhower is far too wide - any breach in the outer and inner layers of the skin. This could cover any minor cut or even a graze. An interesting comparison can be made here with regard to the Theft Act 1968, which was intended to codify the entire law of theft. Within 10 years a further Theft Act had to be passed, and there have been further significant statutory additions and amendments since then; yet the 1861 Act remains unamended (except by judicial interventions).

    • Word count: 881
  13. Are judges independent

    Excluding them from government corruption. Judges are not allowed to get involved in making the laws that take place within parliament. Full time judges are not allowed to sit in the House of Commons but are allowed to become involved in joining the House of Lords in its legislative function as the Law Lords are life peers and can take part in debates on new laws being passed. Superior judges are presumed to be independent because they cannot be dismissed by the government.

    • Word count: 821
  14. Solicitors will not be held quite as responsible as barristers might be for the fact that the clients directly came to them, where as with barristers clients are usually referred to them because of their

    .Then finally their name would be added to the roll of solicitors. It takes a long time to be a solicitor and most students by the end of it come out with large debts however the pay is good and these debts can soon be cleared if those students make it. B Barristers are governed by the bar council, contacts usually contact them through a solicitor; they do some paper work drafting legal documents and providing written opinions.

    • Word count: 443
  15. english law

    These Law Lords can now participate in controversial political debates which they were previously not allowed to do. An area where Law Lords participated was in government policies on sentencing, where Lord Taylor criticized minimum sentences. Judges play a role in law making through the doctrine of judicial precedent. There have been cases in which judges have refused to change past precedent saying that it is the job of the Parliament to make amendments to law and not of the judges.

    • Word count: 723
  16. Discuss whether or not the most appropriate people are chosen as judges

    Obviously this is extremely unfair, as it has nothing to do with people's ability and is all to do with who the Lord Chancellor knows and likes. This could mean that someone could become a judge who is not as worthy or will be as good at the job as another person who the Lord Chancellor doesn't know. Another problem with the Lord Chancellor selecting who becomes a judge could be due to him having a political bias. The Lord Chancellor is appointed by the Prime Minister, so is likely to favour people who are supporters of the Prime Ministers party, so in the case of today this would be people supporting the Labour Party.

    • Word count: 686
  17. Judges & The Judiciary

    Adverts are placed in the judiciary office for high court judges and lower. High court judges are still selected by invitation. The Courts and Legal Services Act 1990 sets out the relevant qualifications required to become a judge at any level. A candidate must have qualified as a barrister or solicitor. To become a judge in the high court and above the candidate must hold full advocacy rights. Training judges is the responsibility of the Judicial Studies Board. Training is normally just one day or a short course.

    • Word count: 510
  18. Are judges independent or neutral?

    A judge liked by the government is more likely to be given a higher position or more power than a judge who is disliked by the government. I am sure that my cynical view on the judicial neutrality is most of the time incorrect, but I cannot help feeling that in some cases judges have benefited greatly from siding with the government in certain cases.

    • Word count: 450
  19. Should the two legal professions amalgamate?

    In spite of this over recent years there has been a sequence of changes resulting in gradual progression towards the merger of the two legal professions. The amalgamation of the two legal professions would have major repercussions and there are coherent arguments both for and against it. The most significant advantage for the general public is that it would be considerably cheaper; instead of having to pay for both a solicitor and a barrister, clients would only have to pay fees for one lawyer.

    • Word count: 701
  20. Process and Selection of Magistrates Question

    This enables magistrates to be from all walks of society as it includes various types of people and anyone of any occupation, gender, race can volunteer to be a magistrate. However, certain classes of people such as policemen, armed forces, undischarged bankrupts etc are forbidden to apply.

    • Word count: 510
  21. Describe the Funtions of Magistrates

    There is also a Family panel that hears family cases which include protection against violence, affiliation and adoption orders. zlA magistrate has sentencing restrictions and can give a maximum of 6 months prison, £5000 fine. A clerk will sit in court with the magistrates and provide legal information for the lay magistrates. A clerk can give legal advice but not take part in decision making process. In the case of R v Eccles Justices, the conviction was quashed where a clerk was thought to have influenced the magistrate’s decision.

    • Word count: 505
  22. Describe The Roles Of Barrister And Solicitor In The British Legal System.

    Hence, there is a high demand of a fused legal profession, however it is never implemented. The work of both professions are different. Barristers in private practice usually deals with preparation of opinions, drafting of pleadings, and the presentation of cases in court. They are not permitted to do tasks normally performed by solicitors. Barrister had a right of audience in any civil and criminal courts. Barristers were immune from any action for negligence however this was removed. Solicitors in private practice deal with the public directly and may do work ranging from conveyancing, divorce and family matters, execution of wills etc.

    • Word count: 927
  23. Report on hierachy of courts and legal personnel.

    Divisional Court is in relative to the High Court however the divisional courts sit two judges rather than one. The Court of Appeal (Civil Division) hears appeals from County and High Courts. An appeal is when a party is dissatisfied with the court?s decision and requests a higher court to review the earlier decision. Following the access to justice act 1999 the majority of appeals will only be allowed to proceed if the original court has given authorisation. The 1999 act will generally only allow one level of appeal; exceptions may be made if the appeal raises a point of great legal or procedural importance.

    • Word count: 913
  24. Advice to Jury Members.

    1. Take notes during the trial if necessary to help you remember critical information, unless the judge instructs you otherwise. 1. Try to guess what the judge thinks about the case. Remember the rulings from the bench do not reflect the judge?s personal views.

    • Word count: 470
  25. There are three ways on becoming a Barrister which are; through a law degree, non law degree and ILEX route.

    They are collectively referred to as the ?Bar?. The last stage is to secure a ?pupillages? which lasts for 1 year. In this year, six months are spent shadowing the pupil master, the Barrister is called a pupil at this point. In the best six months, the barrister can start to appear in court and can also try out cases. The one disadvantage is that competition for pupillages is fierce. Common professional development also has to be done to continue the knowledge of learning up to date law.

    • Word count: 583

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