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AS and A Level: Legal personnel
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- Marked by Teachers essays 9
- Peer Reviewed essays 1
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.
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Should Barristers and Solicitors Fusion or remain as two separate professions? The professions of barrister and solicitor are separate and the work is different4 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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(1) Describe the stages in qualifying as a solicitor (10 marks) (2) Describe & compare the work of a barrister, solicitor and legal executive (
The third route is the longest route in becoming a solicitor. If all you have is 4 GSCE's and want to qualify as a solicitor, then you have to do the exams of 'institute of legal executives' part one and two. After that you would have to work in solicitor's office for two years. From this you would have to be admitted as a fellow of institute of legal executives, with this you must be over 25 and you must have also worked in a solicitor's office for five years or more.
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'The work of a solicitor is quite different from that of a barrister' Outline the work of the two professions and consider whether this statement is accurate.
This is handy as when the student goes and does their practical training, they are not shocked by what is going on. It provides a brief insight. During a barristers training, once the academic side has been completed, the hopeful barrister is required to join one of the four Inns of Court, either Gray's Inn, Lincoln's Inn, the Middle Temple or then the Inner Temple. After joining one of the four Inns, the barrister has to attend twelve dinners or then if not one can attend educational forums such as weekend residential courses.
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This was traditionally a major difference in the roles of barristers and solicitors. Now though, thanks to the 'Courts and Legal Services Act 1990' and the 'Access To Justice Act 1999' solicitors too have full rights of audience once they attain a certificate of advocacy. In general, a barrister has limited contact with clients as a solicitor completes most of the groundwork and refers them to a barrister when necessary. Many barristers say this is good as it stops them getting too involved with the client and can provide a more neutral case.
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Outline how someone currently studying for 'A' Levels can train and qualify either as a Barrister or a Solicitor. Describe and compare the roles played by Solicitors and Barristers in defending a serious criminal case
After the CPE or PgDL is accomplished or if a Law degree has been obtained, the next step for all students wishing to become a Barrister is to take the Bar Vocational Course (BVC). The purpose of the vocational stage is to ensure that students intending to become a barrister are able to acquire the skills, the knowledge of procedure and evidence, the attitudes and competence to prepare them for the more intense and more specialised training in the twelve months of pupillage that follows.
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and most barristers specialise either broadly, like in Common Law, Family or Chancery work or they specialise narrowly like in Criminal Law, taxation, libel, administrative law, intellectual property or admiralty work. Although barristers generally do not deal with the public, they do offer advice on legal matters to other professionals such as accountants. There are also employed barristers who work full time for a particular employer such as large companies, a local authority, the civil service or the Crown Prosecution Service.
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The judge must accept the jury verdict even if he/she does not agree with it. The jury do not give any reasons for their decisions. Juries in Criminal Cases Criminal indictable trials are heard in Crown Court to decide whether defendant is guilty or not guilty. Jury trials account for less than 1% of all criminal trials. A jury in the Crown Court has 12 members. Juries in Civil Cases Juries in civil cases are now only used in limited circumstances. They decided whether the claimant has proved his case or not, then, if they decided that the claimant has won the case, they just also go on to decided the amount of damages that the defendant should pay to the claimant.
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2. Ground attack ? The Royal air force regiment is the ground fighting force of the Royal air force. The RAF regiment fights on the ground to insure control of the air. 1. Aerial Reconnaissance- On the modern battlefield, information, particularly accurate and timely information, is vital to any force commander. To supply this resource, the RAF operates a variety of aircraft equipped with world-leading reconnaissance systems. As a maritime nation, protection of the sea lanes is also of paramount importance, a role fulfilled by Raytheon Sentinel, MQ-9 Reaper (UAV), Beechcraft Shadow R1 and more.
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