Barristor and Solicitor

Describe the ways in which solicitors and barrister are trained (18 marks) 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. There are two ways to become a barrister. One would be taking a law degree and the other would be a non-law degree. If you want to become a barrister it is best to think about it from an earlier stage, especially if that person wants to qualify by doing a law degree. When taking law degrees most law courses last 3 years at university and it is important to ensure that a student is studying for an LL.B. 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

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  • Subject: Law
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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 different

. . .L a w. . . The Fusion Debate HITIKSHA PATEL Should Barristers and Solicitors Fusion or remain as two separate professions? The professions of barrister and solicitor are separate and the work is different. It is wrong to think of solicitors as some sort of junior barrister, or barristers as trainee solicitors. It is not possible to belong to both branches of the legal profession, but it is possible for a barrister to retrain and become a solicitor, and many often do; similarly solicitors can move in the opposite direction. Today, there are still several differences between the roles, training and regulation between solicitors and barristers. Barristers can advocate in court, research cases and legal developments, meet certain professional clients as a result of the 1990 and 1999 act which bought some similarities between the roles of solicitors and barristers. And as a result of the act, solicitors have become more like barristers-it allows them to advocate but they still have to do most of the paper work and barristers can do some paper work. 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

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  • Level: AS and A Level
  • Subject: Law
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Law and Fault

With reference to decided cases in any area(s) of law with which you are familiar, consider to what extent English law is concerned with the concept of fault in deciding issues of liability or guilt (30) In English civil and criminal law, liability is based on fault. Fault is therefore perhaps one of the most important concepts in law, as without it, it would be impossible for justice to be reached for the state, victim and wrongdoer. Fault determines the way the state will compensate the victim and punish the wrongdoer, and this essay will focus on the latter. The whole aim of criminal law is to punish those who have committed a crime against the state. The sanction imposed considers the sentencing aim and attempts to reflect society's revulsion at the crime. Fault is present if the appropriate actus reus and mens rea can be proved. A person cannot be found guilty unless both elements were present. The actus reus concerns all elements of the offence apart from the defendant's state of mind. This not only includes the prohibited physical act but also any omissions and causation issues. The actus reus must be committed voluntarily, as Professor Hart stated 'the principle that punishment should be restricted to those who have voluntarily broken the law ... is a requirement of justice'. Involuntary actions give way to the general defence of automatism, which concerns

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  • Level: AS and A Level
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European law

In order to explain and evaluate the role and jurisprudence of the European Court of Justice1 I shall discuss the provisions of the European Community2 Treaty, which clearly provide for individuals to enforce rights derived from European Community law that are limited in their scope. This will be followed by the role of ECJ and how it has developed a number of principles that widen this scope. These are the doctrines of supremacy and direct effect, which are established to give individuals rights to enforce the European Union3 law. On the other hand, criticising the fact that that it restricts individuals rights in respect of challenging their decision. The European Union is a unique partnership in which many countries work closely together for the benefit of their citizens. Currently there are 27 member states of the EU, who have agreed to work collectively on issues such as common interest. The central purpose for the EC is to achieve a deeper economic and political integration, ('The ever closer union'). The EU desires for individuals to rely on the EU law in order to enclose uniformity hence enabling everyone to integrate in a common market. The common market, aims to increase a balanced growth on an economic and social level in respect of each member state. ECJ is one of the official institutions of the Community Treaty and plays a major part in the development

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  • Level: AS and A Level
  • Subject: Law
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LAW REPORT on Macgregor(TM)s case

Title: LAW REPORT on Macgregor's case The Problem Peter booked a room for a week at MacGregor's Hotel. At the reception desk, where he made the booking, was a notice in the form laid down by the hotel Proprietors Act 1956 limiting the hotel's liability for loss of, or damage to guest's property. Peter asked the receptionist to look after his expensive Olympus camera but she refused saying that there was no room in the hotel safe. On the second night of his stay he invited his friend Beatrice to dinner in the hotel's restaurant. At dinner, without consulting Beatrice, Peter ordered Helford oysters for both of them. The oysters that were served to them in fact came from Whitstable and several of them were bad. Later in the meal Beatrice, already beginning to feel the effects of the oysters, left table in search of a lavatory. On her way there, suddenly overcome by dizziness, she tripped on a piece of torn stair carpet and fell heavily, breaking her arm. The meal was abandoned and Peter returned to his room hungry and bad tempered only to discover that his Olympus camera had been stolen. Being the defence advice MacGregor about his legal liabilities. Introduction This brief advises MacGregor as to the legal liabilities he faces as a consequence of the incidents as detailed above. It is advised that if this matter proceeds to court, which is likely, then Beatrice's

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Describe the training for both Barristers and Solicitors.

Describe the training for both Barristers and Solicitors. To become a solicitor or barrister the first stage is the academic stage. You can specialise and get a law degree which covers the 7 core topics over 3 years. The 7 topics are contract law, tort, public law which includes (constitutional, administrative and human rights law), criminal law, property law, equity and trusts and European Union law. This will lead to the vocational stage. If you have a non law degree then a 1 year Common Professionals examination (CPE) course in law which covers the 7 core topics must be taken. 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. The fees are around 10,000 pounds and you will learn skills such as advocacy, negotiation, interviewing and legal and procedural knowledge. If you are training to become a barrister you must take a Bar Professionals Training Course (BPTC). This course can be

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  • Level: AS and A Level
  • Subject: Law
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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.

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. By Jab Rakeem Plan Explain criteria of System of Solicitors, Barristers to judges. Secret Soundings? What is the Legal service act? Who and how do they set them up? What is contained in the 1990 legal service act? What other acts are there which has affected training and selection? Why are judges' old white males? 87% are male. What are the trends in the past/future? Why are they out of touch with society? What has made them become out of touch? What reforms should be taken to keep them in touch with society? In the English Legal system, there are two classifications of judge. 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.

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Evaluate the extent to which judges are representative of society.

Evaluate the extent to which judges are representative of society. Judges are representative of society, but only to a small extent. There have been many criticisms related to the common race, gender, class background and political bias amongst the judiciary. Judges are generally old, white, rich, middle-upper class men with a public school education, which only really represents a very small part of society. Political bias is a highly controversial area in relation to the judiciary. Academics such as Professor Griffith have pointed out that our judges are too pro-establishment and overtly conservative. Griffith cites cases such as the GCHQ case, where a judge decided against the formation of a trade union in the General Communications Head Quarters on the grounds that national security overrides the need for a union. The decision was made after Margaret Thatcher had voiced her disapproval of any such trade union. 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.

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  • Level: AS and A Level
  • Subject: Law
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What is the role of the jury in criminal and civil cases

A) What is the role of the jury in criminal and civil cases? Trial by the jury is an ancient and democratic institution within the legal system. The idea is based upon the principle of trial by ones peers and the right to a fair trial dating back to the Magna Carta and Article 6 ECHR. In the words of Lord Devlin, juries are "The lamp that shows that freedom lives". Juries are randomly selected from the public and are the sole deciders of guilt based on fact as seen in R v Bushell 1670. However, they also have the power to acquit defendants based on conscience, even if the evidence demands a guilty verdict, this is known as "jury equity". The concept of "jury equity" signifies that jurors are free from outside influence for example, in R v Wang and more recently in the 'Kingsnorth Six' Greenpeace case. 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. The Juries

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Evaluate police powers of arrest, detention and search.

Evaluate police powers of arrest, detention and search. Much of the domestic law outlining governmental powers of detention and investigation now derive from a single piece of legislation called the Police and Criminal Evidence Act 1984 (PACE). The Home Secretary at the time, Leon Brittan, described PACE as "a long overdue reform and modernisation of the law governing the investigation of crime. The government's aim has throughout been to ensure that the police have the powers they need to bring offenders to justice, but at the same time to balance those powers with new safeguards to ensure that these powers are used properly, and only where and to the extent that they are necessary."1 PACE deals with a large range of police powers and also includes various police 'codes of practice' specifying how particular powers ought to be used in respect of powers of search without arrest, the treatment and questioning of detained persons, the searching of premises and seizure of property and the tape-recording of interviews with detained persons. The most common power of arrest without a warrant relates to situations in which it is feared that a breach of the peace is occurring or is about to occur: 'A constable has the power to arrest where there is reasonable apprehension of imminent danger of a breach of the peace. There is a breach of the peace whenever harm is actually done

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  • Level: AS and A Level
  • Subject: Law
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