• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11
  12. 12
    12
  13. 13
    13
  14. 14
    14
  15. 15
    15
  16. 16
    16
  17. 17
    17
  18. 18
    18
  19. 19
    19
  20. 20
    20
  21. 21
    21
  22. 22
    22
  23. 23
    23
  24. 24
    24
  25. 25
    25
  26. 26
    26
  27. 27
    27
  28. 28
    28
  29. 29
    29
  30. 30
    30
  31. 31
    31
  32. 32
    32
  33. 33
    33
  34. 34
    34
  35. 35
    35
  36. 36
    36
  37. 37
    37
  38. 38
    38
  39. 39
    39
  40. 40
    40
  41. 41
    41
  42. 42
    42
  43. 43
    43
  44. 44
    44
  45. 45
    45
  46. 46
    46
  47. 47
    47
  48. 48
    48
  49. 49
    49
  50. 50
    50
  51. 51
    51
  52. 52
    52
  53. 53
    53
  54. 54
    54
  55. 55
    55
  56. 56
    56

Dispute Solving - Solicitors, Barristers, and Legal executives

Extracts from this document...

Introduction

Module 2 - Dispute Solving Solicitors, Barristers, and Legal executives The English legal system is unusual in having 2 legal professions; solicitors and barristers. Most legal professions have lawyers who although specialise they qualify in the same way. Historically solicitors represented by the LAW SOCIETY and barristers represented by the BAR COUNCIL reached an agreement to divide the legal work between themselves basically this gave solicitors sole right of access to clients and barristers sole rights of access to the courts. In recent years this division has been broken down, solicitors have increasing access to the courts while barristers have some access to clients. Training of Solicitors Law society Law degree Non-Law degree 1 year common profession exam Legal Practice Course - 1 year (have to pay own fees) Training Contract - 2 years + 3 years before you can set up your own practice Bar Council Law Degree Non-Law degree 1 year common profession exam Inns of Court Grays Lincons Middle Temple Inner Temple All based in London Bar Vocational Exam 1 year 18 Dinners Get 2 barristers to take you on Pupilage 1 year 6 months with each barrister. First 6 months was unpaid, but not set at national minimum rate. 2nd 6 months is paid at national minimum rate Can stay for longer than 1 year but will still only receive same rate of pay Called to 'Bar' to receive certificate 2 types of barrister; Junior and QC Chambers Must get into chambers within 3 years of leaving Pupilage or you are time barred and will never be able to become a practicing barrister QC = Queens Council (silks) - Have to be a junior for at least 10 years and are chosen by the bar council (can't ask to be one) Bar council opened 9 regional centres and 12 dinners need only to be taken Typical work of a solicitor 1. ...read more.

Middle

How accurate is the electoral register? * Younger generations are far more likely to move residence than those who have mortgages * Some exclude themselves from it because the link between electoral and taxation * Ethnic minorities do not register for the results of doing so. 2. Random selection may produce racial bias 3. Random Selection may produce gender bias 4. Although the system is vetted, a large number are still becoming jurors - 1 in 25 is a disqualified juror * These who get through also tend to become foremen who influence the jury's decision * Snarebrook Crown Court 15 previous convictions and knew he was disqualified sat on 3 trails, on 2 he was foreman, once caught he said unless a paedophile they are innocent 5. Excusals * The majority are woman whom get excusals - childcare The role of the jury The judge is there for matters of law whereas the jury is there for matters of fact. On matters of law the judge can acquit. However, the judge cannot tell the jury to reach any verdict. He can say "if guilty it must be beyond all reasonable doubt" judge always asks for an anonymous verdict From 1967 (made law 1974) the majority verdict came to force. After 2 hours (minimum) the judge must redirect by saying he will accept a majority verdict of 10-2 or 9-1. Once a majority decision has come to force the foreman must say in court to the judge the actual numbers of the majority verdict Pigg 1983 - the foreman came back and said they had reached a majority verdict of 10 and the judge accepted it. On appeal the conviction stood. The process of reaching this decision is completely covered by the contempt of court act 1987. If they cannot reach a decision the judge will ultimately dismiss the jury at his discretion. The CPS can then retrial the case meaning the new jury will be introduced. ...read more.

Conclusion

Their extensive use The social security tribunal for example hears 10,000+ cases per year, cases which otherwise would have to be heard in a court of law. 2. The cost of tribunals Tribunal's costs are much lower than court costs. There is no need for representation; however, statistics suggest that people who use a lawyer in a tribunal have around a 50% chance of winning while people without representatives have about a 30% chance. 3. The speed Generally tribunal cases are much quicker to be heard than cases in the courts. However, under the new fast track arrangements where by cases should go to court within 30 weeks tribunals now enjoy less of an advantage. 4. Simple procedures This is particularly useful for individuals bringing their own cases who can not afford legal representation. However, as mentioned above the success rate for these people is low. 5. Tribunals become experts As they deal with a very limited area of law. E.g. Employment, the chairman and the 2 lay members become very expert in this field. Disadvantages of tribunals 1. Lack of legal aid Individuals who can pay for representatives enjoy a distinct advantage 2. Limited rights of appeal Some tribunals do not need to publish the reasons for their decision which makes appeals virtually impossible. Some tribunals don't have rights of appeal at all. Whilst the ones that do (E.g. Immigration, Social security, and mental health) have far fewer rights than cases heard in court. 3. Unlike the courts tribunals do not operate a system of strict judicial precedent This means that compared to a court case, the outcome of a tribunal is far more difficult to predict. This means that legal advice is difficult to obtain and so less cases are settled outside the tribunal. 4. Tribunals are less respected than the courts This means that parties are less likely to accept the decisions of a tribunal and it is far more difficult to take action to get the decision enforced. End of Module 2 Started on 08th January 2002 Finished on 19th March 2002 Robert Cook Module 2 P. 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. Constitutional and Administrative Law - Compare and contrast Lord Denning's judgment in the Court ...

    in order to avoid injustice he has not only the ability but the duty to put the Act's literal interpretation to one side and substitute for it ideas of natural justice and common law that fit the picture better. His approach to the question whether the warrant was void for

  2. A Critical Review of 'Property, Authority and the Criminal Law' by Douglas Hay.

    Thus a picture emerges in King's work that is based in a similar structure to Hay's, but with the middle class inserted and allowance for slightly more freedom for the lower class and slightly less control in the hands of the upper class.

  1. Should the jury trial be abolished?

    A study done by McCabe & Purves looked at 173 acquitals and concluded that 9% defied the evidence. Proposed Alternatives Up to this point I have concentrated on the jury system and some of the problems that have been associated with it and some proposals for future change.

  2. Judges ought to remember, that their office is jus dicere, and not jus dare; ...

    Act 1976 defines rape as having 'unlawful' intercourse with a woman without her consent. Based on case law and the statute, the Court defines estranged husband and wife who are not yet "separated in law", could also be called "outside marriage", and ruled the probability of matrimonial rape.

  1. Explain the role of juries in criminal and civil cases

    is random, but certain criteria, exemptions and challenges could be considered to make the trial unfair by having non-random juries.

  2. "Critically examine the conflict between common morality and the lawyer's 'role morality' under the ...

    standard concpetion theory of the lawyer's role has been presented by William Simon.58 For Simon "the central problems of the lawyer's role stem from the tendency of the dominant conception to define its responsibilities in terms of formalistic, categorical and "mechanical" norms."59 Simons argues that in almost every other area

  1. Do we agree with Lord Diplock's view that the British Constitution is firmly based ...

    Barendt suggested that academics in general have given very little regard to the doctrine of the separation of powers, and their treatments of it 'tend to be either brief or dismissive'. The opposing camp is the judiciary where senior judges have expressed, on numerous occasions, the opinion that the UK

  2. Law Making - Judicial Precedent.

    It is also seen as a stepping stone to be a COA judge. Have a Criminal Barrister Have a Solicitor in a different area (land) 2 more that is often legal academics They investigate in blocks and most of these investigations will have been referred to them by the Lord Chancellor Current issues include: - * Consent (Capacity to consent)

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work