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AS and A Level: Legal personnel
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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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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.
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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).
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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.
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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.
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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.
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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.
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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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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.
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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.
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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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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.
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Some solicitors may also go into public employment, such as local government or into industry as legal advisors. Solicitors are partly regulated by both the courts and the Law Society since the Solicitors Act 1974 came into force. The Law Society is the controlling body for solicitors. It has always been a voluntary organisation and about 85% of practising solicitors are members. Under the Solicitors Act 1974 it makes training regulations relating to examinations and articles. It maintains the role of solicitors, has a teaching college and provides club facilities for its members.
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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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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.
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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.
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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.
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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.
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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.
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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.
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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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