Qualifying either as a Barrister or a Solicitor Exam
Qualifying either as a Barrister or a Solicitor Exam a). The organisation responsible for the training and discipline of barristers is called the Bar Council. For someone currently studying for A Levels, can qualify as a Barrister via one of the following routes: Route number 1 to becoming a barrister; . Law Degree. 2. Bar Vocational Course. This is a one-year course organised and monitored by the Bar Council, focusing on skills needed when the law student becomes a barrister. 3. Pupils join one of the four Inns of Court in London. This is an opportunity to meet, socialise with and make connections with more experienced barristers. 4. The student is then called to the Bar, which means they are qualified as a barrister. 5. Before they can appear in court, however, they must find a place to become a pupil to an experienced barrister. This involves two separate sixth-month periods and is called pupillage. Normally for the first six months the pupil barrister shadows a barrister and during the next six months may represent clients in court. Route number 2 in becoming a barrister; . Student has a degree in a subject other than law. 2. Common Professional Examination: this is a one-year conversion. 3. Steps 2-5 of route number 1. The financial realities of a barrister's life can cause problems. Many students leave undergraduate degree courses with considerable debt.
Explain the role of the ECJ.
Explain the role of the ECJ. The European Court of Justice is needed to apply and police the rules of the European Union. The ECJ protects its members interests by enforcing EU law, however the ECJ cannot use EU law to expand the EU's powers; it has to abide to strict rules, or judgements based on the treaty commitments and laws that member states agree to. Even if the constitutional treaty is ratified, this will still be the case. Article 220 of the EC Treaty provides that the role of the ECJ is 'to ensure that, in the interpretation and application of the Treaty, the law is observed.' It makes sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. 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. This
Storing Scientific Data
How scientific data are stored and recorded in a laboratory? For this particular task I am going to describe the laboratory management information system (LMIS) and how the scientific data are stored and recorded in a laboratory. Starting with LMIS (Laboratory Information Management System) is a general term for computer systems in a laboratory that information on its activities laboratory is available. It is also used to refer to people who manage these systems. (Searchdatacenter, 2009) Laboratory Management Information Systems (LMISs) are used for internal organisation. An LMIS is a combination of hardware and software that collects and reports information for managers. Thus, the design and operation of a LMIS is a key system that can provide value to managers so they can achieve their goals. The goal of a laboratory is to produce results of scientific research refers to body techniques to study phenomenon, to gain new knowledge, or to correct and put together preceding knowledge. To name itself scientific, a method of investigation must be based on the recognisable, empirical and measurable obviousness of collection subject to the specific principles of the reasoning. A scientific method includes/understands the data-gathering by the observation and the experimentation, and the formulation and the test of the assumptions. The new theories emerge sometimes while
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?
AS Level Law Legal Personnel Magistrates 'Magistrates are members of the public who come from the communities they serve' 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? Magistrates (aka Justices of the Peace) as well as juries, are an example of where lay person are directly involved in the administration of justice. Magistrates volunteers who are not paid, but get reimbursements for travel and loss of earnings. There are approximately 30,000 lay magistrates in England and Wales. They have some role to pay in civil matter like family law, but it is mostly Criminal cases they are involved with. Magistrates deals with over one million cases per year, and 95% of those cases are criminal. The importance of their role has been increased by the number of either way offences being downgraded to summary offences. there is a basic requirement that each magistrate needs to be available to sit 26 days and up to 35 half day sittings a year. Lay Magistrates are appointed by the Lord Chancellor on behalf of the Monarch, on the advice of the local advisory committee. 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
Discuss the pros and cons of the current system of training of barristers and solicitors.
Discuss the pros and cons of the current system of training of barristers and solicitors. The disadvantages of a barrister's training system would be cost, because training is very expensive, this includes the BVC which costs over £10,000 for the 1 year fulltime course or two years part time. Dining at an Inn of Court also costs the training barrister and the clothing required is also expensive. Competition is also an issue as it gets greater in each level of training, e.g. there are limited spaces on BVC and even fewer pupillages. Also there is limitation in choices on the areas of law they would want to specialise in. The CPE/PGDL doesn't seem to be preparing a barrister for a law degree, and there are too many topics for such a short amount of time. 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. Even though there is competition for pupillages it ensures that there is
Explain the work & training of barristers & solicitors
Law Essay A) Explain the work & training of barristers & solicitors? In the Western world, where the majority of employment occurs in the service sector, rather than the primary sector as it does in the developing world, there are certain jobs that carry a very high status. Careers such as doctor, accountant and lawyer are to name but a few of these high status jobs and it is lawyers that I am going to be focussing on in this essay. In England, since the 15th century lawyers have been split up into two professions, barristers & solicitors. Solicitors have traditionally been the people who research cases and barristers have traditionally had rights of audiences in court. There are 60,000 solicitors in the U.K. and 6,000 barristers of which 4,000 are currently working in London. Solicitors have traditionally run the business side of the law profession running offices. Solicitors duties can include interviewing witnesses and issuing writs, conveyancing, divorce proceedings, drawing up wills and last testaments, advocates in magistrates courts, commercial contracts, tax, immigration and employment issues. Solicitors may handle a cross-section of work however; there is a trend especially in London, for solicitors to specialise in one type of work. There has also been a recent tendency, for solicitors to form large partnerships,
Process and Selection of Magistrates Question
Magistrates are lay persons that decide on cases in courts without having legal knowledge. Process of selection of magistrates Magistrates are appointed by the Lord Chancellor on the recommendation of the committee after being interviewed. Candidates would first go through a 2 stage interview process that tests their personal attributes and potential judicial aptitude through discussion of cases. They would need to possess the 6 key qualities that Lord Chancellor laid down which are: Good Character, Sound Judgement, Maturity, Understanding, Social Awareness, and Commitment. This ensures they are able to have judgelike qualities and are able to assimilate factual information to make reasoned decisions.zl The few qualifications for Magistrates is that they must be 18-65 years old and that they have to live in close proximity to the local justice area in which they are allocated. 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. This do restricts some people and magistrates could no longer claim to be a representative of the society. Although the requirements are broad, magistrates are usually of similar backgrounds which are aged 40
Describe the Funtions of Magistrates
Functions Magistrates try 97% of all criminal cases and deal with preliminary hearings in the remaining 3%. This involves Early Administrative hearings, remand hearings, bail and committal proceedings. They also deal with civil issues such as enforcing utilities debts, the non-payment of council tax and TV licences. They also hear appeals on the refusal to grant licence for the sale of alcohol. Specially nominated and trained justices form the Youth panel to hear criminal charges against young offenders aged 10-17 years old. They must consist of 1 man and 1 woman. 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. There are several procedures that magistrates will conduct in Magistrate Courts. In triable either way offences, where there is a ‘not guilty plea’, magistrates will decide on the mode of trial by taking into account the seriousness of the case, and defendants prior
The Selection and Role of Juries
Chapter 6 Juries Role of Jury The function of jurors is to decide on matters of fact. They are mainly found in criminal trials in Crown Court and their job Is to listen to the evidence presented to the court and to decided who did what so that they can announce a verdict. They must not be persuaded or led into a verdict by any unfair means within the court, but must be allowed to deliberate ‘in complete freedom’ – said in R V McKenna (1960) en quashing a verdict which was made when the jury had been told they would be detained overnight if they did not hurry up. The trial is presided over by a judge and functions split between the judge and jury. The judge decides on points of law and the jury decide the facts. The judge will sum up the case at the end to the jury and advise them on any law involved. The jury retire to a private rooand make the decision on guilty or innocence of the accused in secret. 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
BARRISTERS AND SOLICITORS SOLICITORSGoverning body The Law Society Supervises training and discipline of solicitors Represents the profession
BARRISTERS AND SOLICITORS SOLICITORS Governing body · The Law Society · Supervises training and discipline of solicitors · Represents the profession Work · Advocacy in the lower courts (magistrates' court and county court) with limited rights of audience in the Crown Court and High Court · Most solicitors provide general advice and do 'paper work', eg writing letters, drafting contracts and tenancies, conveyancing, wills, divorce petitions · Can form partnerships with other solicitors · Work in ordinary offices all over England and Wales · Approximately 75,000 solicitors Contact · Clients approach solicitor directly · Solicitor decides whether or not to take the case Qualifications and Training · Law degree or any degree and a Diploma in Law (previously, CPE) · Legal Practice Course (one year and approximately £6-7,000) · Training Contract (two years paid at the Law Society minimum: £10,850 outside London; £12,150 in inner London) · Professional Skills Course (twenty days and includes an advocacy module) · Name added to roll of solicitors · 16 hours of Continuing Professional Development per year for three years and 48 hours for each subsequent three year period Promotion to the Judiciary · Possible to all levels since the Courts and Legal Services Act 1990 (prior to this, they could only become circuit judges) Complaints ·
