Discuss whether or not the most appropriate people are chosen as judges
Discuss whether or not the most appropriate people are chosen as judges Judges can be split into two categories; superior and inferior. Although each judge has a different role in their own court all appointment of judges goes through the Lord Chancellor, currently Lord Falconer. But whether the appointment of judges is a fair process or not is a topic of interest and certain biases have been shown to exist. For superior judges (Law Lords, Lord Justices of Appeal and Puisne Judges) it is the Lord Chancellor that actually selects them and does the appointing. However this has been shown to be an unfair process. There is an 'Old Boys Network' which basically means that if you are a friend of, or are known to the Lord Chancellor you have a higher chance of being selected as a judge. 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
Are judges independent or neutral?
Are judges independent or neutral? (30marks) Alex McNichol 12Dii Judges are supposed to be totally independent from the government. They are there to protect the rights of citizens in Britain. The government says that the Lord Chancellor despite the fact they are appointed by the Government are still 100% independent and neutral. This I personally find difficult to agree with as the government pays the bills of the Judges, the government is able to sack judges and the more the judges agree with the government the more the government likes them. 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. The government at the moment is able to overrule any decision made by the judicial system; this concludes that the government really has very little power. Despite the fact the government claims they have nothing to do with the system if it came down to a really important decision they would have the power to alter the outcome. Judges are paid a huge amount to prevent them from being tempted by bribery. With the large pay check that they receive each year they are expected to make
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
Home Work 3 legal profession A There are several stages that must be taken after a-levels to then go on to be a solicitor; .The first stage would be to go to university and get a law degree or any degree and the common professional exam .The next stage would be to take the legal practise course this would take one year and costs around £6-7,000 .Then there would be the professional skills course (twenty days and includes and advocacy module) .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. They also provide general advice and do 'paper work,' e.g. writing letters drafting contracts and tenancies conveyancing wills, divorce petitions. They are self employed and work in chambers surrounded by others and managed by a clerk, they do advocacy in the superior courts as well as having rights to the audience in the lower courts. As you can tell barristers have a very high up role and bad work they do makes them look very bad considering they are supposed to be professional and have trained for a
'Bill wants to become a Lawyer but is not sure whether to become a Barrister or a Solicitor'
'Bill wants to become a Lawyer but is not sure whether to become a Barrister or a Solicitor' A1) what is the difference in the Roles of barristers and solicitors? There is a great variation in the roles of barrister and solicitors traditionally and their stereotype roles are quite varied from one another. However, as I will explain, they are become increasingly similar. Traditionally, the barrister is a member of the senior branch of the legal profession; this was due to the fact that they were historically the only qualified lawyers. A barrister should be skilled in advocacy, which is the presentation and arguing of cases in the courts. As a barrister you are an independent practitioner, and belong to the professional body 'The General Council Of The Bar.' Barristers are supposedly the most 'elite' type of lawyer, as there are only 10,000 practising in the United Kingdom, considerably less than solicitors. As a barrister, you are self-employed and cannot form partnerships as solicitors do. It is common for a barrister to join chambers and share a clerk and administrative management. The vast majority of barristers concentrate simply on advocacy work and use their full rights of audience. 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
Court Visit
Describe the roles played by the judiciary, lawyers and lay people in the legal system; making reference to their purposes after a visit to the Courts. I recently attended St Helens Magistrates Court in order to achieve a greater understanding of the various customs and procedures adhered to during both criminal and civil cases. Some of the rules that they follow are in fact regulations of Acts of Parliament, the majority of which can be found in the Court Procedures Act 20041, with some also implemented to conform to the European Convention on Human Rights2 Upon arrival at the court I was greeted by a dark robed usher who, after greeting me somewhat good-naturedly, invited me to observe a criminal case that was commencing within the following hour. I gratefully accepted and proceeded to wait in the foyer outside the courtrooms. There was a rather subdued and downcast ambiance surrounding the vicinity and, admittedly, rather comparable to that of the courtroom itself. Once seated in the courtroom I observed the clerk, instruct the defendant to identify themselves by name, then state the charge against them and inform the magistrates whether or not the defence had made an application for bail. In both cases I must point out that the magistrates, who are generally not overly knowledgeable about the law, appeared to rely heavily on the clerk's understanding of not only the
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
Module 2 exam .a. Outline how someone currently studying for 'A' Levels can train and qualify either as a Barrister or a Solicitor. (10 marks) .b. Describe and compare the roles played by Solicitors and Barristers in defending a serious criminal case. (20 marks) .a. Someone studying 'A' Levels who wished to train and qualify as a Barrister would firstly need to gain the required grades in order to be accepted on to a university course. After gaining entrance to a university that person must at least gain a 2:1 degree, which can take up to three to four years. If this degree is not in Law it must be a degree of the required standard, which the Bar deems satisfactory. If this is the case then a conversion course such as the Common Professional Exam (CPE) or the Post Graduate Diploma in Law (PgDL) must be taken. These courses are offered by many academic institutions such as the University of Brighton, the University of the West of England and Leeds Metropolitan University and span over one or two years depending upon whether the course is full or part time. 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
Family Law
Law Unit 4 - Family Law Family is the area of law which deals with family issues and domestic-related matters including marriage, cohabitation, divorce, annulment, property settlements, alimony and parental responsibility orders. Marriage is defined as 'the voluntary union for life of one man and one woman to the exclusion of all others.' This definition is from Lord Penzance's; the problem with this definition is a marriage is a contract between two individual which ascribes peculiar rights and duties, concerned. It follows therefore that the parties are subject to the contract laws governing marriages; the intentions of the parties will be paramount. The presumption of marriage is, if a man and woman live together, believe themselves to be married and present themselves as married, there is a rebutted presumption that they are legally married. The formalities required for a valid marriage are set out in the marriage act 1949, while those required for civil partnership are set out in the civil partnership act 2004, as amended by the civil partnership (amendments to registration provision) order 2005. The parties need to be of a certain age to enter the contract; anyone under 16 can't marry, if they are between age of 16 to 18 they can do so only with consent of their parents or guardian or whoever has parental responsibility. If these refuse then consent can be obtained
There are three ways on becoming a Barrister which are; through a law degree, non law degree and ILEX route.
There are three ways on becoming a Barrister which are; through a law degree, non law degree and ILEX route. Those with a 2:1 or first law degree then go on to join one of the Inns of Court which are situated near the Royal Courts of Justice in London. The four of them are; Lincoln’s Inn, Inner Temple, Gray’s Inn and Middle Temple. The next stage is the Bar vocational course, which is for 2 years. In addition, skills such as Advocacy, which most of the barristers specialise in, as they work in court, they learn how to prepare a case, interview clients , negotiation, pleading which are pre trial documents and opinions on a particular area of law which have been asked by the solicitor to the barrister to write. 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. Those without a law degree, have to take the common professional education, which is now known as the Graduate Diploma of Law which is for one year. This consists of six
Advice to Jury Members.
By Rickardo Mckenzie JURYS DO’S AND DON’T’S CRITERIA CHECKLIST: DO’S DON’T’S REASONS EVALUATION 1. Base your decisions on facts only. 1. discuss case work outside the courts and be influenced by negativity. 1. Because what is said in the Jury room has to stay in the jury room. . This helps the decision to be fair and non-biased giving resulting in a fair trial. however If information on the case leaves the Jury room it could influence a jury’s ability to make a non-biased decision based on the second hand information the Jury wrongly acquire. 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. 1. Because as a Jury you are expected to give verdict on your own facts gathered and from what you have witnessed. Jury make the final decision so don’t let your views become influenced by the Judges personal views. 1. Taking notes during the trail allow the juror to go back and check his facts properly rather than relying on knowledge because if the trail is based over weeks or months it could be hard to remember vital information from memory. This is vital as a judge might
Report on hierachy of courts and legal personnel.
The County Court deals with civil disputes such as contract, tort, bankruptcy, property, and divorce. County Court is also allocated a track, there a three different tracks; cases involving less than £5000 are allocated to the small claims track, cases involving between £5000 and £25,000 are transferred to fast track and are generally heard by a circuit judge, cases that are over £25,000 will be allocated to the multi claims track and can go on for weeks as these cases tend to be more complicated. The High Court is split into three divisions, the Family Division deals with personal human matters such as divorce, children, probate and medical treatment. Its decisions are often of great importance only to the parties, but may concern life and death and are perhaps inevitably regarded as controversial. The Chancery Division has jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of lunatics and the guardianship of infants. The Queen's Bench Division has a supervisory jurisdiction over all inferior courts, and its Administrative Court is generally the appropriate legal forum where the validity of official decisions may be challenged. 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.
