The document provides a marking scheme for a Year 12 mock exam. It outlines the grading levels and criteria for two questions: Question (a) has four grading levels from 1-5, 15-18 for AO1. Question (b) has four grading levels from 1-3, 4-7, and 8-9 for AO2 and AO3 respectively. The summary provides the high-level information about the marking scheme and criteria in a concise manner in under 3 sentences.
Magistrates are selected through a local advisory committee who review applications and conduct interviews to assess candidates' character, attitudes, and decision-making skills, after which new magistrates receive initial training and ongoing seminars to develop their legal knowledge and handling of cases.
Barristers provide advocacy and legal representation in court. There are three stages to becoming a barrister: academic, vocational, and pupillage. Barristers are regulated by the Bar Standards Board and the four Inns of Court, which provide legal education and call barristers to the bar. Senior barristers can apply to become Queen's Counsels (QCs), who handle more complex cases and command higher fees.
Most people aged 18-69 are eligible for jury service. When summoned, they report to the jury assembly area of a courthouse where 15 potential jurors are selected at a time. 12 jurors are randomly chosen to hear a case. The prosecution and defense can challenge choices for bias. If seated on the jury, one must swear an oath to serve impartially. Juries typically need a unanimous verdict but a majority may be accepted in some cases.
Here are the answers to your questions:
1. Describe the roles of the following legal personnel:
1. Sheriff - Enforces court orders and maintains security and order in the courthouse.
2. Court reporter - Records everything said in court verbatim to create an official transcript of the proceedings.
3. Judge - Presides over the legal proceedings, ensures the trial is conducted fairly, determines admissibility of evidence, instructs the jury on legal matters, and imposes any sentences.
4. Barrister - Represents clients in court and presents the legal arguments.
5. Solicitor - Provides legal advice and representation to clients, prepares documents, and represents clients in lower courts.
This document discusses the use of lay people in the English legal system. It focuses on two main lay institutions: magistrates and juries. Magistrates are unpaid and part-time, handling minor criminal cases and administrative hearings. They are appointed locally from community volunteers. Juries consist of 12 members who decide facts and verdicts in criminal trials. Jurors are selected randomly from the electoral register to provide a community perspective but have no formal training. The document evaluates the benefits of local participation against criticisms of representation and consistency in decision-making. Reforms aim to broaden the diversity of magistrates while recent bills propose restricting jury trials in complex cases.
Barristers and solicitors (complaints and fusion)Miss Hart
This document discusses complaints about legal professionals and recent reforms to the legal profession. It covers the following key points:
1. There are generally four reasons for complaints about lawyers - breach of contract, negligence, issues with the service provided, and professional misconduct.
2. Recent reforms through the Legal Services Act 2007 aimed to create a more independent complaints system through the Office for Legal Complaints (Legal Ombudsman). It also allowed for Alternative Business Structures, which permit non-lawyers to own law firms.
3. The processes for complaining about solicitors and barristers differ - solicitors complaints are handled by their regulatory body while barrister complaints go through the Council of Inns of Court. Both
Here are some key points about whether certain areas protect or challenge judicial independence:
Art 6 of the ECHR - Protects independence by enshrining the right to an independent tribunal in human rights law.
MoJ budget covering courts - Could potentially challenge independence if the government uses funding as leverage over judicial decisions. However, in practice the funding is administered independently.
JAC appointments - Aims to protect independence by removing political influence through an independent commission. However, some argue the executive still has too much influence over appointments.
Removal of judges - Provides security of tenure through the strict removal process, protecting independence. However, political influence over the disciplinary process could potentially challenge independence.
So in summary,
The document discusses the definition and history of contempt of court in India and other jurisdictions. It defines contempt of court as disrespect or disregard for the court or interference with parties during litigation. Lord Hadwick classified contempt into three types: scandalizing the court, abusing parties, and prejudicing the public. Contempt laws were introduced to India by the British and later codified in acts from 1926 to 1952. The US defines contempt similarly as despising the court's authority. Supreme courts have power to punish for contempt to uphold their dignity and authority. The first contempt case in India involved lawyers making allegations against judicial officers.
Magistrates are selected through a local advisory committee who review applications and conduct interviews to assess candidates' character, attitudes, and decision-making skills, after which new magistrates receive initial training and ongoing seminars to develop their legal knowledge and handling of cases.
Barristers provide advocacy and legal representation in court. There are three stages to becoming a barrister: academic, vocational, and pupillage. Barristers are regulated by the Bar Standards Board and the four Inns of Court, which provide legal education and call barristers to the bar. Senior barristers can apply to become Queen's Counsels (QCs), who handle more complex cases and command higher fees.
Most people aged 18-69 are eligible for jury service. When summoned, they report to the jury assembly area of a courthouse where 15 potential jurors are selected at a time. 12 jurors are randomly chosen to hear a case. The prosecution and defense can challenge choices for bias. If seated on the jury, one must swear an oath to serve impartially. Juries typically need a unanimous verdict but a majority may be accepted in some cases.
Here are the answers to your questions:
1. Describe the roles of the following legal personnel:
1. Sheriff - Enforces court orders and maintains security and order in the courthouse.
2. Court reporter - Records everything said in court verbatim to create an official transcript of the proceedings.
3. Judge - Presides over the legal proceedings, ensures the trial is conducted fairly, determines admissibility of evidence, instructs the jury on legal matters, and imposes any sentences.
4. Barrister - Represents clients in court and presents the legal arguments.
5. Solicitor - Provides legal advice and representation to clients, prepares documents, and represents clients in lower courts.
This document discusses the use of lay people in the English legal system. It focuses on two main lay institutions: magistrates and juries. Magistrates are unpaid and part-time, handling minor criminal cases and administrative hearings. They are appointed locally from community volunteers. Juries consist of 12 members who decide facts and verdicts in criminal trials. Jurors are selected randomly from the electoral register to provide a community perspective but have no formal training. The document evaluates the benefits of local participation against criticisms of representation and consistency in decision-making. Reforms aim to broaden the diversity of magistrates while recent bills propose restricting jury trials in complex cases.
Barristers and solicitors (complaints and fusion)Miss Hart
This document discusses complaints about legal professionals and recent reforms to the legal profession. It covers the following key points:
1. There are generally four reasons for complaints about lawyers - breach of contract, negligence, issues with the service provided, and professional misconduct.
2. Recent reforms through the Legal Services Act 2007 aimed to create a more independent complaints system through the Office for Legal Complaints (Legal Ombudsman). It also allowed for Alternative Business Structures, which permit non-lawyers to own law firms.
3. The processes for complaining about solicitors and barristers differ - solicitors complaints are handled by their regulatory body while barrister complaints go through the Council of Inns of Court. Both
Here are some key points about whether certain areas protect or challenge judicial independence:
Art 6 of the ECHR - Protects independence by enshrining the right to an independent tribunal in human rights law.
MoJ budget covering courts - Could potentially challenge independence if the government uses funding as leverage over judicial decisions. However, in practice the funding is administered independently.
JAC appointments - Aims to protect independence by removing political influence through an independent commission. However, some argue the executive still has too much influence over appointments.
Removal of judges - Provides security of tenure through the strict removal process, protecting independence. However, political influence over the disciplinary process could potentially challenge independence.
So in summary,
The document discusses the definition and history of contempt of court in India and other jurisdictions. It defines contempt of court as disrespect or disregard for the court or interference with parties during litigation. Lord Hadwick classified contempt into three types: scandalizing the court, abusing parties, and prejudicing the public. Contempt laws were introduced to India by the British and later codified in acts from 1926 to 1952. The US defines contempt similarly as despising the court's authority. Supreme courts have power to punish for contempt to uphold their dignity and authority. The first contempt case in India involved lawyers making allegations against judicial officers.
Lay people and magistrates full powerpointaquinaslaw
The document discusses the roles of lay people and lay magistrates in the English legal system. It explains that lay magistrates are ordinary citizens who sit as part-time judges in magistrates' courts to handle less serious criminal cases and some civil matters. The document also outlines the selection process, training, roles and powers of lay magistrates as well as the advantages and disadvantages of using non-legally qualified individuals in the legal system.
The document summarizes the legal profession act of Malaysia which governs the admission to and regulation of the legal profession. It outlines the three stages for entry including qualifications, being called to the bar, and obtaining a practicing certificate. It also describes the requirements and process for qualified persons and articled clerks to enter the profession. The document then discusses the disciplinary process and penalties for advocates and solicitors who violate professional standards.
Lay magistrates deal with 97% of criminal cases in magistrates courts in England and Wales. They undergo initial and ongoing training to develop their competencies in areas such as managing themselves, working as a team, making judicial decisions, and case management. Lay magistrates are appointed through a selection process involving local advisory committees, references, interviews and assessments of their suitability based on qualifications like good character, communication skills, and commitment. While use of lay magistrates provides benefits like local knowledge and speed, there are also disadvantages such as potential inconsistency in sentencing and middle-class bias. Overall, low appeal rates suggest the system is still effective despite its challenges.
CAREER IN LITIGATION AS AN INDEPENDENT PRACTIONER.pptxGauravVerma594665
This document provides information about pursuing a career in litigation as an independent practitioner in India. It discusses the benefits of being independent such as being your own boss and having intellectual challenge. It emphasizes gaining experience through internships during law school and clearing the All India Bar Examination to be eligible for enrollment with state bar councils. The document also outlines the selection process and duties of empaneled advocates with different government bodies like District Legal Services Authority, Pension Fund Regulatory and Development Authority, and Serious Fraud Investigation Office.
This document summarizes key points about post-hearing conduct, the appointment of adjudicators, ex parte communication, determining facts and applying the law in tribunal decisions, and available remedies in tribunal orders. It advises that while parties can criticize a decision, they should avoid criticizing individual judges. It also explains that judges should generally not defend or speak publicly about their decisions. The document outlines Ontario's process for appointing adjudicators and prohibits ex parte communication with decision makers. It provides guidance on determining facts, applying laws, and available remedies in tribunal orders.
Here is how I would respond as a judge in this scenario:
While emotions may be running high in this difficult domestic situation, as a judge I must remain impartial and objective. My role is to ensure a fair trial based solely on the facts and evidence presented before me.
Charlie, I understand you and Tracey have a long history together and care deeply for your daughter. However, violence cannot be condoned or justified. Tracey, I know you must be frightened and upset by these events. You both want what is best for Amy.
Rather than accusations, what is needed now is open and honest communication. Once tempers have cooled, I strongly encourage you both to discuss how to move forward in a peaceful manner
The document outlines the different qualifications, training, and roles of solicitors and barristers in the UK legal system. Solicitors usually deal directly with clients, while barristers specialize in advocacy work and represent clients in court. The training process for both careers involves obtaining a law degree or other qualifications, completing vocational courses, and undertaking practical training periods like the training contract or pupillage.
This document provides an overview of administrative tribunals in Malaysia. It defines administrative tribunals as bodies created by statute outside the court system to resolve specific disputes. It describes the key characteristics and reasons for their growth, including reducing court caseloads and allowing for specialized expertise. Examples given include the Tribunal for Consumer Claims, Tribunal for Homebuyer Claims, and Industrial Court. The document also discusses challenges to tribunal awards and the recommendations of the 1957 Franks Committee on improving the tribunal system in areas like impartiality, procedures, and appeals.
The document summarizes key differences between solicitors and barristers in the English legal system. Solicitors deal with initial legal matters, paperwork, and representation in lower courts, while barristers specialize in advocacy in higher courts. Their qualifications and training differ, with solicitors completing law degrees, the Legal Practice Course and a training contract, while barristers join an Inn of Court, complete the Bar Vocational Course and a pupillage. Recent acts have made some changes, such as allowing solicitors rights of audience in some higher courts.
AQA AS Level/ A-Level, Law U1. Requires you to know magistrates, this presentation sums up the background, role, selection and appointment, training, criminal jurisdiction, powers and the advantages and disadvantages of magistrates
Legal Aid and Pro bono lawyers have important duties to their clients and the court. They must represent clients competently and ethically, while also advancing legal reform for the public good. Pro bono work provides important skills development and ensures access to justice for all members of society, especially vulnerable groups. Legal Aid lawyers must balance their duty to clients with their overriding duty to the court and standards of the profession.
This document provides guidance for new judges on ethics, general rules, and protection orders. It discusses the Code of Judicial Conduct which establishes standards for ethical conduct. Key points include avoiding ex parte communications, recusing when impartiality is in question, and not using one's position for personal gain. It also outlines general rules in Washington's court rules that judges must know, such as those regarding sealing documents and fee waivers. When handling protection orders, judges are advised to carefully consider requests to exclude a party from their home and properly serve and format exclusion orders. The document concludes with best practices for dealing with self-represented parties in hearings and trials in a fair and impartial manner.
2015 u401 dispute resolution bodies and methodsCrystal Delosa
This document provides an overview of resolution bodies and methods in Victoria, including courts and the Victorian Civil and Administrative Tribunal (VCAT). It describes the Victorian court hierarchy, outlining the original and appellate jurisdictions of the Magistrates' Court, County Court, Supreme Court, and Court of Appeal. VCAT's structure and role in providing a low-cost avenue for resolving civil disputes in a timely manner is also summarized. Finally, the document discusses different dispute resolution methods like mediation, conciliation, arbitration, and judicial determination used by courts and VCAT in resolving civil cases.
The document proposes structural amendments to improve India's justice delivery system. It suggests 1) improving legal education and grading lawyers, 2) making the judge appointment process more transparent and increasing judge retirement ages, 3) upgrading court infrastructure and staffing, 4) establishing accountability for case disposal, 5) increasing computerization of court processes, 6) classifying cases and assigning judges to reduce pendency, 7) reforming procedural laws and practices, 8) encouraging alternative and online dispute resolution, and 9) addressing challenges such as increased cybercrime and lawyer fees. If implemented, these solutions could expedite and ensure timely justice for all citizens.
The document proposes a multifurcated federal justice system in India to address issues with delays and backlogs in the current system. Key aspects of the proposed system include establishing 25 specialized tribunals at the district court level, significantly increasing the number of judges, implementing an online case registration system, limiting adjournments, and creating an advisory council to screen civil suits appealed to the Supreme Court. The proposal estimates it could be implemented within 5 years at an initial cost of 0.3% of India's annual GDP and subsequent annual expenditure of 0.6% of GDP, creating over 700,000 new judicial system jobs. The system aims to enhance the quality, speed, and transparency of justice delivery across India.
The document discusses the judicial department and powers of Philippine courts according to the 1987 Constitution. It describes the structure and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, metropolitan trial courts, and other lower courts. It also covers the qualifications of judges, the administrative supervision of courts by the Supreme Court, and the establishment of a Judicial and Bar Council to recommend judicial appointments.
The Chief Justice of Kenya is the head of the Judiciary and President of the Supreme Court. He or she is appointed by the country's President on the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly.
Other Judges need not be approved by the National Assembly to be appointed by the President.
The recruitment process of judges in Kenya is more rigorous and open involving publicly televised interviews.
Ref: Art.166 of the Constitution of Kenya
This document provides an introduction to Unit 4 which focuses on criminal cases and civil disputes. It outlines the key differences between criminal and civil matters and discusses the institutions that handle resolution of these cases. Specifically, it describes the Victorian court system including the original and appellate jurisdictions of the Magistrates' Court, County Court, and Supreme Court. It also discusses alternative dispute resolution methods used by courts and the Victorian Civil and Administrative Tribunal.
This document provides the marking scheme for the January 2011 GCE LAW examination in England and Wales. It includes marking criteria and guidelines for 6 different law options that were assessed. For each question, it identifies the assessment objectives being tested, such as knowledge of the law (AO1) and skills in legal argument and reasoning (AO2). Sample answers are also provided to illustrate how different levels of response would be marked. The marking scheme aims to ensure examiners apply criteria consistently across all student scripts.
The document discusses the law around involuntary manslaughter in England and assesses if the law is muddled and unjust. It outlines the different types of involuntary manslaughter including gross negligence, unlawful act manslaughter, and subjective reckless manslaughter. It analyzes cases that illustrate inconsistencies and unjust outcomes. While the law commission proposed reforms, the conclusion is that the current law is adequate and changing it further may only add more confusion.
Lay people and magistrates full powerpointaquinaslaw
The document discusses the roles of lay people and lay magistrates in the English legal system. It explains that lay magistrates are ordinary citizens who sit as part-time judges in magistrates' courts to handle less serious criminal cases and some civil matters. The document also outlines the selection process, training, roles and powers of lay magistrates as well as the advantages and disadvantages of using non-legally qualified individuals in the legal system.
The document summarizes the legal profession act of Malaysia which governs the admission to and regulation of the legal profession. It outlines the three stages for entry including qualifications, being called to the bar, and obtaining a practicing certificate. It also describes the requirements and process for qualified persons and articled clerks to enter the profession. The document then discusses the disciplinary process and penalties for advocates and solicitors who violate professional standards.
Lay magistrates deal with 97% of criminal cases in magistrates courts in England and Wales. They undergo initial and ongoing training to develop their competencies in areas such as managing themselves, working as a team, making judicial decisions, and case management. Lay magistrates are appointed through a selection process involving local advisory committees, references, interviews and assessments of their suitability based on qualifications like good character, communication skills, and commitment. While use of lay magistrates provides benefits like local knowledge and speed, there are also disadvantages such as potential inconsistency in sentencing and middle-class bias. Overall, low appeal rates suggest the system is still effective despite its challenges.
CAREER IN LITIGATION AS AN INDEPENDENT PRACTIONER.pptxGauravVerma594665
This document provides information about pursuing a career in litigation as an independent practitioner in India. It discusses the benefits of being independent such as being your own boss and having intellectual challenge. It emphasizes gaining experience through internships during law school and clearing the All India Bar Examination to be eligible for enrollment with state bar councils. The document also outlines the selection process and duties of empaneled advocates with different government bodies like District Legal Services Authority, Pension Fund Regulatory and Development Authority, and Serious Fraud Investigation Office.
This document summarizes key points about post-hearing conduct, the appointment of adjudicators, ex parte communication, determining facts and applying the law in tribunal decisions, and available remedies in tribunal orders. It advises that while parties can criticize a decision, they should avoid criticizing individual judges. It also explains that judges should generally not defend or speak publicly about their decisions. The document outlines Ontario's process for appointing adjudicators and prohibits ex parte communication with decision makers. It provides guidance on determining facts, applying laws, and available remedies in tribunal orders.
Here is how I would respond as a judge in this scenario:
While emotions may be running high in this difficult domestic situation, as a judge I must remain impartial and objective. My role is to ensure a fair trial based solely on the facts and evidence presented before me.
Charlie, I understand you and Tracey have a long history together and care deeply for your daughter. However, violence cannot be condoned or justified. Tracey, I know you must be frightened and upset by these events. You both want what is best for Amy.
Rather than accusations, what is needed now is open and honest communication. Once tempers have cooled, I strongly encourage you both to discuss how to move forward in a peaceful manner
The document outlines the different qualifications, training, and roles of solicitors and barristers in the UK legal system. Solicitors usually deal directly with clients, while barristers specialize in advocacy work and represent clients in court. The training process for both careers involves obtaining a law degree or other qualifications, completing vocational courses, and undertaking practical training periods like the training contract or pupillage.
This document provides an overview of administrative tribunals in Malaysia. It defines administrative tribunals as bodies created by statute outside the court system to resolve specific disputes. It describes the key characteristics and reasons for their growth, including reducing court caseloads and allowing for specialized expertise. Examples given include the Tribunal for Consumer Claims, Tribunal for Homebuyer Claims, and Industrial Court. The document also discusses challenges to tribunal awards and the recommendations of the 1957 Franks Committee on improving the tribunal system in areas like impartiality, procedures, and appeals.
The document summarizes key differences between solicitors and barristers in the English legal system. Solicitors deal with initial legal matters, paperwork, and representation in lower courts, while barristers specialize in advocacy in higher courts. Their qualifications and training differ, with solicitors completing law degrees, the Legal Practice Course and a training contract, while barristers join an Inn of Court, complete the Bar Vocational Course and a pupillage. Recent acts have made some changes, such as allowing solicitors rights of audience in some higher courts.
AQA AS Level/ A-Level, Law U1. Requires you to know magistrates, this presentation sums up the background, role, selection and appointment, training, criminal jurisdiction, powers and the advantages and disadvantages of magistrates
Legal Aid and Pro bono lawyers have important duties to their clients and the court. They must represent clients competently and ethically, while also advancing legal reform for the public good. Pro bono work provides important skills development and ensures access to justice for all members of society, especially vulnerable groups. Legal Aid lawyers must balance their duty to clients with their overriding duty to the court and standards of the profession.
This document provides guidance for new judges on ethics, general rules, and protection orders. It discusses the Code of Judicial Conduct which establishes standards for ethical conduct. Key points include avoiding ex parte communications, recusing when impartiality is in question, and not using one's position for personal gain. It also outlines general rules in Washington's court rules that judges must know, such as those regarding sealing documents and fee waivers. When handling protection orders, judges are advised to carefully consider requests to exclude a party from their home and properly serve and format exclusion orders. The document concludes with best practices for dealing with self-represented parties in hearings and trials in a fair and impartial manner.
2015 u401 dispute resolution bodies and methodsCrystal Delosa
This document provides an overview of resolution bodies and methods in Victoria, including courts and the Victorian Civil and Administrative Tribunal (VCAT). It describes the Victorian court hierarchy, outlining the original and appellate jurisdictions of the Magistrates' Court, County Court, Supreme Court, and Court of Appeal. VCAT's structure and role in providing a low-cost avenue for resolving civil disputes in a timely manner is also summarized. Finally, the document discusses different dispute resolution methods like mediation, conciliation, arbitration, and judicial determination used by courts and VCAT in resolving civil cases.
The document proposes structural amendments to improve India's justice delivery system. It suggests 1) improving legal education and grading lawyers, 2) making the judge appointment process more transparent and increasing judge retirement ages, 3) upgrading court infrastructure and staffing, 4) establishing accountability for case disposal, 5) increasing computerization of court processes, 6) classifying cases and assigning judges to reduce pendency, 7) reforming procedural laws and practices, 8) encouraging alternative and online dispute resolution, and 9) addressing challenges such as increased cybercrime and lawyer fees. If implemented, these solutions could expedite and ensure timely justice for all citizens.
The document proposes a multifurcated federal justice system in India to address issues with delays and backlogs in the current system. Key aspects of the proposed system include establishing 25 specialized tribunals at the district court level, significantly increasing the number of judges, implementing an online case registration system, limiting adjournments, and creating an advisory council to screen civil suits appealed to the Supreme Court. The proposal estimates it could be implemented within 5 years at an initial cost of 0.3% of India's annual GDP and subsequent annual expenditure of 0.6% of GDP, creating over 700,000 new judicial system jobs. The system aims to enhance the quality, speed, and transparency of justice delivery across India.
The document discusses the judicial department and powers of Philippine courts according to the 1987 Constitution. It describes the structure and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, metropolitan trial courts, and other lower courts. It also covers the qualifications of judges, the administrative supervision of courts by the Supreme Court, and the establishment of a Judicial and Bar Council to recommend judicial appointments.
The Chief Justice of Kenya is the head of the Judiciary and President of the Supreme Court. He or she is appointed by the country's President on the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly.
Other Judges need not be approved by the National Assembly to be appointed by the President.
The recruitment process of judges in Kenya is more rigorous and open involving publicly televised interviews.
Ref: Art.166 of the Constitution of Kenya
This document provides an introduction to Unit 4 which focuses on criminal cases and civil disputes. It outlines the key differences between criminal and civil matters and discusses the institutions that handle resolution of these cases. Specifically, it describes the Victorian court system including the original and appellate jurisdictions of the Magistrates' Court, County Court, and Supreme Court. It also discusses alternative dispute resolution methods used by courts and the Victorian Civil and Administrative Tribunal.
Similar to Law-Exchange.co.uk Shared Resource (20)
This document provides the marking scheme for the January 2011 GCE LAW examination in England and Wales. It includes marking criteria and guidelines for 6 different law options that were assessed. For each question, it identifies the assessment objectives being tested, such as knowledge of the law (AO1) and skills in legal argument and reasoning (AO2). Sample answers are also provided to illustrate how different levels of response would be marked. The marking scheme aims to ensure examiners apply criteria consistently across all student scripts.
The document discusses the law around involuntary manslaughter in England and assesses if the law is muddled and unjust. It outlines the different types of involuntary manslaughter including gross negligence, unlawful act manslaughter, and subjective reckless manslaughter. It analyzes cases that illustrate inconsistencies and unjust outcomes. While the law commission proposed reforms, the conclusion is that the current law is adequate and changing it further may only add more confusion.
The document discusses the aims of sentencing in the UK criminal justice system. When judges pass sentences, they must decide on the appropriate sentence and what they hope to achieve with it. The main aims of sentencing are punishment, deterrence, rehabilitation, protection of the public, reparation, and denunciation. The document provides examples of cases involving a teenager stealing during riots, iPhone robbers convicted of murder, and a rugby star sentenced for grievous bodily harm to illustrate how judges determine sentences based on the aims.
This document outlines the qualifications and training required to become a solicitor or barrister in the UK legal system. It discusses the academic and vocational stages of training, including obtaining a law degree, completing the Legal Practice Course for solicitors or Bar Professional Training Course for barristers, and undertaking a training contract or pupillage. The duties of solicitors, who work in private practice, and barristers, who work as advocates in courts, are also summarized. Finally, the document questions whether the legal profession achieves equality, as women and ethnic minorities remain underrepresented.
The document discusses various influences on law reform in the UK, including the Law Commission, Royal Commissions, public inquiries, the media, pressure groups, manifesto promises, and European Union law. It provides details on the role and purpose of the Law Commission and Royal Commissions in examining existing laws and advocating for legal changes. Examples are given of public inquiries that led to reforms, such as the Taylor Report after Hillsborough and the Cullen Report after Dunblane.
This document provides instructions for a "Legal Aid Bingo" game where players choose 9 of 15 legal terms to write in a bingo card. The game leader will then randomly select definitions for those terms, with the goal of players getting a full bingo line or full house by matching definitions to their chosen terms. Some of the legal terms listed include things like income based job seekers allowance, legal services commission, access to justice act 1999, and courts and legal services act 1990.
This document defines and explains the legal definitions of assault and battery in UK law. Assault is defined as intentionally or recklessly causing another to apprehend immediate unlawful violence. Battery is defined as the unlawful application of force to another. Both assault and battery require intent or recklessness, and do not require hostile conduct as long as the force or threat of force was unlawful.
This document discusses the exceptions to the general principle in criminal law that an omission (failure to act) does not constitute an actus reus. It outlines six exceptions where an omission can be considered a criminal offense: 1) statutory duty, 2) contractual duty, 3) voluntary assumption of responsibility, 4) avert a danger of your own making, 5) public duty, and 6) special relationship. It provides examples of cases that fall under each exception and discusses potential confusions between some of the exceptions, such as contractual versus public duty, and voluntary assumption versus special relationship. It also addresses issues that can arise in medical cases regarding omissions.
The document discusses the small claims procedure in the UK legal system. It was introduced in 1973 to provide a quick, simple and cheap way to make a claim in court for amounts under £5000. Key aspects of the small claims procedure include individuals bringing their own cases to reduce costs, the use of lay representatives or district judges who are trained to handle such cases, and the lack of awarding legal costs to the winner which discourages lawyers. The document outlines advantages like low costs and speed, as well as disadvantages such as potential unfairness if one party has a lawyer and difficulties collecting awarded money.
The county courts are located in major towns across England and Wales, with around 230 total. They have jurisdiction over a variety of civil cases involving contracts, torts, recovery of land, partnerships, trusts, inheritance, divorce, bankruptcy, and discrimination. Around 2 million new cases are filed in county courts each year, though most are settled out of court without going to trial. Cases are heard by circuit judges or district judges, and in some limited cases may involve a jury.
This document discusses several rules of language that can help judges interpret the intentions of Parliament when analyzing statutory language, including:
- The ejusdem generis rule, which states that if a list is followed by a general term, the general term refers to items of the same type as in the list.
- The expressio rule, which provides that if a list is "closed" with no general term, the statute only applies to the items in the list.
- The noscitur a sociis rule, which means a word is known by the company it keeps, and so surrounding words can provide context to the meaning of a term.
This document contains 12 multiple choice questions about legal cases related to criminal defenses. Each question includes the answer and a citation to a legal authority or case that provides context and justification for the answer. The cases cover topics like intoxication as a defense, involuntary intoxication, automatism, insanity, self defense, and epilepsy as a defense.
The document provides an overview of the legislative process in the UK Parliament. It explains that a bill first begins as an idea in a green paper before being drafted and introduced in Parliament. It then goes through several stages of debate and amendment in both the House of Commons and House of Lords before receiving royal assent to become law. The advantages of the system include allowing mistakes to be identified and addressed through multiple reviews and edits. However, the process can also become confusing due complex amendments and potential for bias in specialized committees.
This document summarizes the key elements of the offence of criminal damage under the Criminal Damage Act 1971. It discusses:
1) The three main types of criminal damage offenses - section 1(1) criminal damage, section 1(2) criminal damage with intent to endanger life, and section 1(3) arson.
2) The actus reus and mens rea requirements for a section 1(1) criminal damage offense. It also discusses what constitutes damage and property belonging to another.
3) Available defenses to criminal damage including lawful excuse and the defendant's honest belief. It provides case examples analyzing the defenses.
Jack takes his bike to a garage for repairs and is told to return the next day to collect it. However, Jack returns that night and takes his bike, which would be considered theft as the garage had possession and control of the bike.
The mechanic repairs Jack's bike but cannot understand Jack when he returns to pay due to a language barrier. Jack opens his wallet and the mechanic takes too much money. While the mechanic had a right to be paid for the repairs, taking more money than owed without Jack's consent would constitute appropriation, similar to the Lawrence case.
Magistrates courts handle less serious criminal cases in England and Wales. Magistrates, who can be qualified lawyers or laypeople, oversee summary cases and some either-way offenses. They deal with bail applications, youth cases, and issues related to council tax, protection orders, and child welfare. Magistrates also determine if a case should be sent to the Crown Court for more serious offenses. Their trials involve presenting evidence, witness testimony, and determining guilt or innocence based on the burden of proof.
There are around 90 court centers throughout England and Wales organized into three tiers. The first tier incorporates the High Court and Crown Court and can try all indictment cases. The second tier is Crown Court only and can also try all indictment cases. The third tier only has Circuit Judges and Recorders, so it cannot deal with the most serious cases due to the lack of a High Court judge.
Young offenders between the ages of 10-17 are dealt with in youth court, a branch of Magistrates' court, unless their crime is exceptionally serious like rape, murder or manslaughter, in which case they can be tried in Crown Court. Youth court proceedings are private, involve specially trained magistrates under age 65, and require one male and one female magistrate, with parents present for under 16s. The process is generally less formal than adult criminal court.
The document appears to be a collection of random letters, numbers, and words with no clear meaning or context. It includes references to legal terms like assault, battery, actual bodily harm, wounding, and psychological harm but does not form a coherent summary on its own.
2. SECTION A
1. (a) Describe the various roles lay magistrates play in both
criminal and civil cases.
(18 marks)
Criminal roles:
• Hear summary or indictable cases in magistrates court in panel of 2-7
• Specially trained magistrates sit in youth court
• Sit in crown court with qualified judge to hear appeals from magistrates
court
• Issue search warrant/warrant to enter premises or warrant for arrest
• Hear applications for bail
• Transferring Defendant to crown court for trial
Civil Roles:
• Family proceedings court – deals with wide range of domestic issues
e.g. maintenance and residence orders, contact, care and supervision
orders, and emergency protection orders
• Licensing applications for pubs, bookmakers, casinos etc
• Enforcement of council tax.
(b) Discuss the disadvantages of using lay magistrates to make
decision in criminal matters.
(12 marks)
• Middle aged, middle minded and middle class i.e. not socially
representative
• Prosecution bias
• Inconsistency in sentencing
• Too reliant on legal adviser
• Many do not have local knowledge – only knowledge of the area
they live in (generally middle class areas)
3. 2. (a) Describe the selection and tenure of the different type of
judge.
(18 marks)
Selection:
Selection of all judges (inc heads of division) with exception of law lords by
Judicial Appointments Commission (JAC) – Created as a result of Constitutional
Reform Act 2005. All judges are now selected by the independent Judicial
Appointments Commission (JAC)
Main features of JAC selection:
• Appointments made only on merit with JAC carrying out assessment of
merit (s.63 Constitutional Reform Act 2005)
• No candidate can be appointed without recommendation of JAC
• Lord Chancellor can reject candidate once or ask JAC to reconsider
once but must give reasons in writing for this (this power is currently
under review)
Judicial Qualities:
• Intellectual
• Personal qualities i.e. integrity, independence of mind, sound
judgement, decisiveness, objectivity, and willingness to learn.
• Ability to understand and deal fairly
• Authority and communication skills
• Efficiency
Law Lords - Part 3 of the Constitutional Reform Act 2005 –the Lord Chancellor
convenes a Supreme Court Selection Commission (which must include the
President and Deputy President of Supreme Court). The Commission decides
on selection process to be used to assess the merit of the candidate.
LC can reject candidate or ask Commission to reconsider their
recommendation if he believes candidate not suitable or not best candidate on
office. LC must put this in writing.
Tenure:
Superior judges:
• Senior judges cannot be dismissed by the Government
• Can only be removed by monarch following petition from Parliament
(allows them to be independent in judgements)
• LC can declare vacant position of senior judicial office where judge
incapable of carrying out his work and resigning e.g. ill health (Supreme
Court Act 1981)
Inferior Judges:
• LC has power to dismiss for incapacity and/or misbehaviour.
4. • Constitutional Reform Act 2005 – LC has power to suspend inferior
judge subject to criminal proceedings.
Retirement:
• Judicial Pensions and Retirement Act 1993 – must retire at 70
(b) Discuss whether or not the changes to the selection of judges
should lead to a wider cross section of people becoming
judges.
(12 marks)
• Identify previous problems with the system i.e. appointment of senior
judges based on who you know what not what you know
• Identify Constitutional Reform Act 2005 reformed whole selection
process and now based solely on merit and not necessarily gender or
ethnic background but can lead to greater diversity in judiciary
• Identify that positions are now widely advertised whereas they weren’t
before.
• Main problem is women and ethnic minorities under-represented but
has improved recently with first Court of Appeal female judge appointed
in 1988 and first House of Lords judge appointed in 2004.
• Educational and social backgrounds still an issue – with senior judges
being more from upper levels of society.
5. 3. (a) Describe the training of both barristers and solicitors.
(18 marks)
Demonstrate knowledge of training of barristers:
1
Academic: law degree (7 core subjects) or other degree plus Common
Profession Examination / Post Graduate Diploma in Law after one year's extra
training on core subjects;
Vocational: join Inn of Court and dine 12 times or attend residential training
courses during Bar Vocational course - practical training with emphasis on
advocacy and drafting opinions and statements of case, called to the Bar;
Practical: pupillage of two six-month periods with a pupil master, tenancy.
Demonstrate knowledge of training of solicitors:
Law degree route: Completion of LLB law degree, one year Legal Practice
Course (1yr), two years training contract at Sols firm.
Non law degree route: Any other degree plus Common Profession Examination
(1yr), legal practice course, training contract
Non-graduate route: Completion of Institute of Legal Executives course, work
in solicitors office for 2 yrs, Admitted as a fellow of legal exec, legal practice
course or completion of 2 yr training period and completion of exams.
(b) Discuss the problems associated with training for both
barristers and solicitors.
(12 marks)
Criticisms:
• Expensive – large amount of debt on completion
• Not necessarily the best students will apply – deters students from poor
backgrounds
• Not enough pupillages/training contracts
• Not enough detailed training – especially for non-law graduates
• Choice to become barrister or solicitor must be made early
• Low training salary for barristers by comparison to solicitors
Credit any suggestions for reform, eg more joint training, better funding, and
more opportunities to do qualifying work in a legal environment whilst
studying.
6. 4. (a) Describe both the qualifications required for jurors and the
procedure for selecting a jury.
(18 marks)
Demonstrate knowledge of qualifications set out in Juries Act 1974 amended
by Criminal Justice Act 2003:
• Chosen at random from the electoral registers for a court area by
computer at central office. Summonses sent out each fortnight;
• Only those aged between 18 and 70, on the electoral register, and
resident in UK for 5 years since age 13 can sit;
• Must sit unless disqualified or excused.
Demonstrate knowledge of those who cannot or need not sit:
1
• Cannot sit if disqualified: for life if convicted of a serious offence and
sentenced to 5 years or more imprisonment, for 10 years if served any
sentence of imprisonment or been given a suspended sentence or a
community order in the last 10 years: or whilst on bail;
• Cannot sit if ineligible: mental disorder;
• Can be excused if serving in the armed forces and commanding officer
certifies needed;
• Can be excused or have service deferred for "good reason" - application
has to be made to Jury Central Summoning Bureau.
• Credit any reference to the deaf, or those being unable to speak English
effectively being unable to sit as jurors.
Demonstrate knowledge of selection once at Crown Court:
• 15 chosen at random from the jury pool to go into the court room;
• 12 chosen at random in court by the clerk.
Demonstrate knowledge of challenges.
1
• Challenge to the array, by prosecution or defence on way jury selected;
• Challenge for cause, by prosecution or defence, because of connection
with case or incapacity;
• Right of stand by, by prosecution, usually following vetting.
7. (b) Discuss the arguments for retaining a jury.
(12 marks)
Discuss the arguments for retaining juries.
• Public confidence in the system – regarded as one of the fundamental
indicators of a democratic system "the lamp that shows that freedom
lives";
• Traditionally seen as fair as having many people on a jury cancels out
any individual prejudices;
• Jury equity – can disagree with a particular law and apply their own
idea of fairness even if they do not follow that law as they do not need
to give reasons for decisions e.g. Ponting, but this can be seen as a
problem as the law is not being followed;
• Allows the ordinary person to take part in the administration of justice,
but as they are forced to take part there may be problems with this;
• Juries are likely to be impartial as they are not connected with anyone
involved in the case and they are randomly selected;
• Lawyers have to explain matters simply and clearly for the jury so the
defendant is better able to follow the proceedings and they become
more accessible to the public but juries still do have difficulty
understanding some aspects of criminal law.
• Secracy – what goes on is secret so jurys aren’t influenced from
outside.
8. SECTION B
5. (a) Describe the civil court system including both the first
instance courts and the appellate courts.
(18 marks)
Explanation of allocation of cases to the fast track system based on value and
complexity.
County Court and High Court hears first instance claims.
County Court hears small, fast and multi track cases.
High Court hears fast and multi-track cases but personal injury cases over
£50k must be started in the high court.
Small Claims – under £5k or under £1k for PI
Fast track cases – Between £5k and £15k and PI over £1k
Multi Track – over £15k
Appeal routes in small claims will depend on judge hearing case at FI – District
judge to Circuit; Circuit to Puisne Judge. Second appeal to Court of Appeal
from there in exceptional circumstances.
3 appellate courts: Divisional courts of High Court; Court of Appeal; House of
Lords.
Divisional Court of QBD: Appeals from MC by way of case stated; Judicial
review of tribunals, public bodies, ministers etc
Divisional Court of Chancery: Tax appeals made by commissioners or
bankruptcy from Court Court.
Divisional family court: Appeals from Magistrates Court.
Court of Appeal hears appeals from divisions of high court, county court multi
track procedure, Immigration and Lands Appeals Tribunals. Must identify that
leave to appeal needed – when real prospects of success and/or public policy.
Leapfrog appeals from High Court to House of Lords in exceptional
circumstances – Point of Law of General Public Importance or binding
precedent by CA. Leave from HL must be given and cert of satisfaction.
House of Lords – hears appeals from CA, Divisional courts and occasionally
High Court. Must mention leave to appeal needed – Point of law of public
importance or bound by previous decisions.
A grade candidate mention reform of House of Lords with establishment of
new Supreme Court implemented by Consitutional Reform Act 2005.
9. (b) Jane has had a dispute with her neighbour, Jeff. Jeff dug a
flower bed near to their adjoining wall (which is Jeff’s
responsibility to maintain) which caused the wall to collapse.
Jeff refuses to repair it as he doesn’t have any spare money.
Jane wishes to pursue a claim in civil law.
Explain to Jane the problems she may encounter using the
court system to solve her civil disputes.
(12 marks)
• Costly – Court fees expensive and if an appeal necessary can be
extremely costly
• Complexity especially if she doesn’t employ a lawyer
• In small claims lawyers don’t have to be used but if Jeff uses a lawyer
she is unlikely to win
• Can be lengthy – time a case takes to get to trial has improved but can
take a long time, therefore long to resolve dispute
• Court timetables can be strict and case can be struck out if she fails to
comply with court directions.
• Funding – legal aid not available so she will have to fund the case
privately or get a lawyer to take her on under a Conditional Fee
Agreement.
10. 6. (a) Describe the different methods of using Alternative Dispute
Resolution available for civil disputes.
(18 marks)
Describe each of the different methods of ADR.
1
Mediation - neutral person helps parties reach a compromise solution.
Mediator does not offer an opinion;
2
Conciliation - conciliator goes beyond mediation in that they have the power to
suggest grounds for compromise or a settlement;
3
Mediation and conciliation both allow the parties to have control over the
resolution process as they can withdraw at any time and a resolution to the
dispute cannot be imposed on them as they must agree to it;
4
Arbitration – both parties voluntarily agree to let their dispute be left to the
judgment of an arbitrator or a panel of arbitrators who are neutral.
Agreements to arbitrate are governed by the Arbitration Act 1996 and are
usually in writing. Agreement to go to arbitration can be made before a
dispute arises [usually by a Scott v Avery clause in a contract]. Agreement will
either name an arbitrator or provide a method for choosing one. A court may
also appoint an arbitrator. The parties agree the procedure for hearings and
these range from a ‘paper’ arbitration to a formal court style hearing.
Arbitration decisions are binding on the parties and can be enforced by the
courts if necessary. An award by an arbitrator can be challenged in the courts
for serious irregularity in the proceedings or on a point of law.
Credit if Negotiation mentioned– parties reach agreement themselves with no
third party. May use solicitors. But it is not required for full marks. Credit
mention of the Centre for Dispute Resolution or any other service available for
mediation or conciliation e.g. ACAS. Credit will be given for any other details.
11. (b) Jane has had a dispute with her neighbour, Jeff. Jeff dug a
flower bed near to their adjoining wall (which is Jeff’s
responsibility to maintain) which caused the wall to collapse.
Jeff refuses to repair it as he doesn’t have any spare money.
Jane wishes to pursue a claim in civil law.
Explain to Jane which method of Alternative Dispute
Resolution would be most suitable for Jane and your reasons
why she should consider this method rather than the other
methods available.
(12 marks)
Explain which form of ADR you think is most suitable and why.
• Mediation and/or Conciliation most appropriate
• Credit any reference to negotiation first
• Explain the difference between mediation and conciliation and explain
that it depends on whether you want the third party to have more of an
active role
• Mediation and Conciliation readily available and can be available on-line
too.
• Less formal and does not have to follow the strict letter of the law;
• Encourages co-operation;
• Likely to maintain relationships between her and Jeff which is
necessary given that they are neighbours
• Explain that Arbitration not really suitable as generally used for
commercial disputes and as this is not one of those should be avoided.
• Arbitration also expensive.