Law - Unit 1 - Section A

?
  • Created by: e_m_e
  • Created on: 03-11-21 11:46
A V Dicey
-No sanction without breach
-One law should govern all
-Law should be supreme
1 of 132
Lord Bingham
-Law must be accessible
-Law should be apply equally to all
-Means must be provided for resolving civil disputes which parties cannot resolve themselves
2 of 132
County Court
Small claims, fast track and multi-track
-contract disputes
-disputes linked to land
-land recovery
-matters connected to trust mortgages and dissolution of partnership (<£30,000)
- probate disputes
-defamation disputes
3 of 132
High Court
Multi-track
-Queen's Bench Division
-Chancery Division
-Family Division
4 of 132
Queen's Bench Division
-Commercial Court
-Admiralty Court
-Technology and Construction Court
5 of 132
Chancery Division
- Company Law
-Intellectual Property Disputes
-Trust Property
6 of 132
Family Division
- Matrimonial Cases
-Matrimonial property
-Children's Act 1989 cases
-Custody
7 of 132
Small Claims
-Property < £10,000
-Personal injury <£1000
-County Court
-District judge
-Parties represent themselves
8 of 132
Fast Track
- Property £10,000 - £25,000
-Personal injury £1000 - £50,000
-County Court
-Circuit judge
-May use legal representation
-Heard within 30 weeks
9 of 132
Multi-track
-Property > £25,000
-Person injury >£50,000
-County Court
-Circuit judge
-High Court on claims over £100,000 or complex
10 of 132
Civil Court Appeal - law
S54 Access to Justice Act 1999
11 of 132
When can they be made?
On procedural error or point of law
12 of 132
Small claims -
County Court - Court of Appeal
13 of 132
Fast track -
High Court - Court of Appeal
14 of 132
Multi-track -
Court of Appeal - Supreme Court
15 of 132
Leapfrog appeal if the point of law is of public importance
Administration of Justice Act 1969
16 of 132
2nd appeals allowed if there is an important point of principle or practice
S5 Access to Justice Act 1999
17 of 132
Employment Tribunals - Law
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
18 of 132
Judicial body
3 people - a chairman and representative of HR or unions
19 of 132
Employment Tribunals - process
-Claimant fills an ET1 form
-ET3 form sent to and filled out by respondent
-After the hearing, the panel makes a legally binding decision
20 of 132
Employment Appeal Tribunal (EAT)
-Reconsideration must be done within 14 days
-Appeals to EAT must be done within 42 days
21 of 132
Civil Law Reforms
Access to Justice Act 1999
22 of 132
Lord Woolf
-Greater promotion of ADR
- Should be quicker and more financially accessible
-System should be understandable to those who use it
23 of 132
Civil Courts - Pros
-Open to public, important in cases against large companies
- Legally qualified judge
24 of 132
Civil Courts - Cons
-High costs
-High stress enviroments
25 of 132
If one party unreasonably refuses ADR, courts can refuse costs if that party wins
Dunnett v Railtrack
26 of 132
Courts cannot force parties to use ADR, breach of the human right to a fair trial
Halsey v Milton Keynes NHS
27 of 132
Negotiation - process
-Parties communicate to reach an agreement
- If parties cannot reach an agreement, a solicitor may act on their behalf
-Not legally binding
28 of 132
Negotiation - Pros
-Quicker to resolve
-Cheaper
29 of 132
Negotiation - Cons
-Lack of legal expertise
-Parties may not cooperate/ power imbalances
30 of 132
Mediation - Process
-Uses a third party mediator
-Mediator is not able to give advice or make suggestions, but ensures discussions are good natured and fair
-Not legally binding
31 of 132
Mediation - Services
-Relate (separated couples)
-Center for Dispute Resolution (businesses)
-Small Claims Mediation Service
32 of 132
Mediation - Pros
-Maintain relationships
- Less intimidating than court
33 of 132
Mediation - Cons
-Lack of legal expertise
-Depends on the skill of the mediator in maintaining amicable conversations
34 of 132
Conciliation - Process
-Third party conciliator
-Can offer advice and proposals on how the dispute is resolved
-Not legally binding
35 of 132
Conciliation - Services
-ACAS (Advisory, Conciliation and Arbitration Services) (employment disputes)
-National Conciliation Service (motor vehicle retailers and consumers)
36 of 132
Conciliation - Pros
-Privacy
-Cheaper and quicker
37 of 132
Conciliation - Cons
-No guarantee of a resolution
-Not legally binding
38 of 132
Arbitration - Law
S1 Arbitration Act 1996
39 of 132
Arbitration - Process
-Third party arbitrator acts as a judge
-They have legal/ specialist knowledge
-Paper based or oral hearing
-Award given at the end, which is legally binding
40 of 132
Arbitration - Services
-ACAS
ABAT (Association for British Travel Agents)
41 of 132
If a contract says arbitration will be used if a dispute arises, it must be used
Scott v Avery clause
42 of 132
Arbitration - Appeals
-Procedural erros
S68 Arbitration Act 1996
43 of 132
Arbitration - Appeals
-Point of law
S69 Arbitration Act 1996
44 of 132
Arbitration - Pros
-Specialist expertise
-Legally binding
45 of 132
Arbitration - Cons
-Higher cost for a professional arbitrator
-Inconsistent decisions, arbitrators aren't bound by precedents
46 of 132
Magistrates' Court - Law
Magistrates' Court Act 1980
47 of 132
Magistrates' Court - cases
-Contains Youth Courts
-Side matters connected with criminal cases
-Warrants
-Legal aid
-Bail applications
48 of 132
Judge cannot force a jury to make a guilty verdict
Wang
49 of 132
Judge cannot interfere with the jury process
McKenna
50 of 132
Judge must accept the jury's decision
Bushell
51 of 132
Disclosure of what happened in the jury room is a criminal offence
Contempt of Court Act 1981
52 of 132
If a unanimous verdict cannot be made, after 2 hours 10 of 12 majority verdict can be made
Criminal Justice Act 1967
53 of 132
Jury qualifications - Law
Juries Act 1974
54 of 132
Jury qualifications
-Aged 18-75
-UK resident for 5 years since age 13
55 of 132
Judges, lawyers, police and doctors can be jurors
Criminal Justice Act 2003
56 of 132
Jury disqualifications
-On bail
-Someone who has served jail time in the last ten years
57 of 132
Jury member must have sufficient capacity to sit on a jury
Juries Act 1974
58 of 132
Jury Selection - prior to court
Central Jury Summoning Bureau
- responsible for randomly finding jury members
Jury vetting:
-Criminal Records Bureau check
-Authorised jury check, can only be authorised by the Attorney General
59 of 132
Jury Selection - at court
-15 jury members are chosen, 'jury in waiting'
-12 are chosen
-If the case lasts longer than 10 days, they will be given the option not to sit on that articular trial
60 of 132
Challenging a Jury - to the array
Challenging the entire jury for bias selection (Romford jury)
61 of 132
Challenging the Jury - For cause
Challenge an individual juror
62 of 132
Challenging the Jury - Prosecutions right to stand by jurors
Put an individual to the end of the list of jurors
63 of 132
No right to 'hand-pick' the jury
Ford
64 of 132
Jury - Pros
-Less likely to be prejudice
-Less corruption - Northern Ireland Diplock Courts used confessions as evidence, Criminal Case Review Comission found many miscarriages of justice
65 of 132
Jury - Cons
-Contempt of Court Act 1981, don't know how a decision was made - Young, Ouija board
- Disturbing cases/ evidence
66 of 132
Magistrates
-Don't have legal qualification
-Assisted by a legal advisor
67 of 132
Magistrates - Qualifications Law
Courts Act 2003
68 of 132
Magistrates - Qualifications
-18 - 65
-Minimum of 26 half days a year for five years
69 of 132
Magistrates - Exclusions
-Police officers, traffic wardens, probation officers, army, certain criminal convictions
-Family members of those working in local criminal justice systems, but can be a magistrate in different areas
70 of 132
Magistrates - Six key qualities
-Lord Chancellor:
-Good character
-Good understanding
-Social awareness
-Sound temperament
-Sound judgement
-Commitment and reliability
71 of 132
Magistrates - Process
-Oath/ affirmation of allegiance to the monarch
-Judicial oath/ affirmation to fulfill duties fairly, lawfully and unbiased
72 of 132
Solicitors - Law
Legal Services Act 2007
73 of 132
Solicitors - Duty
-Act on behalf of clients
-Regulated by Solicitors' Regulation Authority (SRA)
-Advocacy
74 of 132
Solicitors can represent in higher courts when they have completed training course and exam on rules of evidence (Higher Rights of Audience)
Courts and Legal Services Act 1990
75 of 132
Queen Council
-Seen as leaders in their area of law
-Take on more complex cases
-Can apply after 10 years of advocacy with Higher Rights of Audience certificate
76 of 132
Regulation of Solicitors - Law Society
-Governing body of solicitors
-Practicing solicitors must be members
-Leads debates on issues affecting solicitors, influence policy and legislation
-Proactive in changing qualifications e.g. solicitor apprenticeship route
77 of 132
Regulation of Solicitors - Solicitor Regulation Authority (SRA)
-Deals with complaints about solicitor misconduct
-Have a code of conduct solicitors must abide by
78 of 132
SRA - negligent advocacy complaints
Hall v Simons
79 of 132
SRA - negligent work/ advise
White v Jones
80 of 132
SRA - Sanctions
-Warnings
-Disciplinary sanctions (e.g. fines up to £2000)
-Referral to Solicitors' Disciplinary Trial
81 of 132
Regulation of Solicitors - Solicitors' Disciplinary Trial
-Can fine or reprimand the solicitor
-Suspend them from the roll (they cannot practice for an amount of time)
-Strike them from the roll
82 of 132
Regulation of Solicitors - Legal Ombudsman - Law
Set up by the Office for Legal Complaints through the Legal Services Act 2007
83 of 132
Legal Ombudsman
-Deals with complaints about the handling of complaints
84 of 132
Legal Ombudsman - Sanctions
-Apologise to the client
-Do more work to put right what went wrong
-Reduce or refund legal fees
-Pay compensation up to £50,000
85 of 132
Legal Executives - Law
Legal Services Act 2007
86 of 132
Legal Executives
-Qualified lawyers who work solicitors' firms as assistants
-Support work of solicitors, provide advice, research cases, draft legal documents, represent clients on a limited basis (e.g. civil cases in County Court)
87 of 132
Legal Executives - Qualifications
Must pass:
-Chartered Institute of Legal Executives' Professional Qualification in Law
-One of: Civil, Criminal, Family Proceedings Certificate
88 of 132
Regulation of Legal Executives - Chartered Institution of Legal Executives (CILex)
-All legal executives are members
-Provides education, training and development of skills
-Has a code of conduct but don't regulate them
89 of 132
Regulation of Legal Executives - CILex Regulation Board
-Investigates complaints
-Usually related to high costs, inexcusable delays of completing work
90 of 132
Regulation of Legal Executives - Board's Professional Conduct Panel review
-Serious matters refereed to Disciplinary Tribunal who can reprimand, warn, fine or revoke membership
91 of 132
Inferior Judges
-District Judges
-Circuit Judges
-Recorder
92 of 132
District Judges
-County or Magistrates' Court
-Small track claims
-All summary and some triable either way offences
93 of 132
Circuit Judges
-County or Crown Court
-Fast track and multi-track claims
-Triable either way or indictable offences
94 of 132
Recorders
-Part-time judges
-Usually in Crown Court, some in the County Court
-Appointed for a period of five years
95 of 132
Superior Judges
High Court Judges, Lord/Lady Justices of Appeal, Justices of the Supreme Court
96 of 132
High Court Judges
-Civil appeals from fast track
-Multi-track of first instance
-QBD appeals from Magistrates' Court
-Crown Court
97 of 132
Lord/Lady Justices of Appeal
-Appeals from civil and criminal cases
98 of 132
Justices of Supreme Court
-Appeals on a point of law
-Appeals must have an uneven number of Justices
-Decisions made become precedent for lower courts
99 of 132
Aims of Sentencing - Law
S142 Criminal Justice Act 2003
100 of 132
Aims of Sentencing
-Retribution
-Deterrence
-Incapacitation
-Rehabilitation/ Reform
-Reparation
-Denunciation
101 of 132
Sentencing Factors - Law
S143(1) Criminal Justice Act 2003
102 of 132
Aggravating Factors
-Previous convictions of similar offences
-D on bail
-Hostility towards race, religion, disability or sexuality
-Vulnerable V
- V serving the public e.g. nurse in a hospital
103 of 132
Mitigating Factors
-Co-operating with police investigation
-Mental or physical illness
-No prior convictions
-Evidence of remorse
-Guilty plea at earliest opportunities
104 of 132
Legal Aid Agency
-Provide legal aid services from solicitors, barristers and non-profit sector
-Fund Civil Legal Advice Service
105 of 132
Legal Aid Agency - Means Test
Unavailable for:
- Disposable capital over £8000
-Disposable income over £733 a month
106 of 132
Legal Aid Agency - Merit Test
-Likelihood of success
-Amount of damages likely to be awarded
-Conduct of parties
107 of 132
Community Legal Advice Centres
-Advise on debt, welfare and housing
108 of 132
Service Providers
-Advice from solicitors or non-profit organisation
109 of 132
Citizen Advice Bureaux
Support provided - legal help, help at count, family medication and legal representation
110 of 132
Legal Aid - Available
-Domestic abuse
-Debt (if home is at risk)
-Special education needs
111 of 132
Legal Aid - Unavailable
-Small claims
-Negligence
-Defamation
112 of 132
Legal Aid - Civil - Pros
-Only goes to poorest in society
-Access to justice, Article 6 Human Rights Act 1998, right to a fair trial
113 of 132
Legal Aid - Civil -Cons
-Cuts in funding, Ministry of Justice cut budget by £320 mil in 2014
-Only available for specific areas
114 of 132
Legal Aid - Criminal - Law
Legal Aid Agency set up via Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO)
115 of 132
Public Defender Service
-Run by Legal Aid Agency
-Provide legal representation at police stations and courts
-D must qualify for Interest of Justice and Means test
116 of 132
Interest of Justice
-D is likely to lose liberty, livelihood or reputation
-Case considers and point of law
-D is unable to understand the proceedings or state their own case
117 of 132
Means Test
Magistrates Court - on income support
-D under 16 or under 18 and in full-time education
-earn under £12,475
Crown Court - annual household disposable income under £3398
-£3399 - £37,500, pay in part to legal aid
-over £37,500, no legal aid
118 of 132
Public Defender Service - General Support
-Accredited police station representation
-Duty solicitors - represent clients under investigation
-Advocates
119 of 132
Franchised Firms
-Contracted by Legal Aid Agency
-Provide legal services to the D
120 of 132
S13 LASPO
Initial advice and assistance available to those detained at police stations, including:
-telephone advice - solicitors get details on the events, give advice on best ways to proceed
-Attendance at police station - sit in on police interviews, give advice
121 of 132
Legal Aid - Criminal - Pros
-Only go to poorest
-Easier to get funding in Crown Court, funds go to those who are facing higher sentences
122 of 132
Legal Aid - Criminal - Cons
-Budget cuts
-Difficult to get funding for Magistrates
123 of 132
Conditional Fee Agreements (CFAs)
No win, no fee
124 of 132
CFA - Law
S44 LASPO and Conditional Fee Agreements Order 2013
125 of 132
CFA
-Success fee paid from compensations on top of standard charges
-Success fee - max 25% of damages received
-'After the event' insurance protects losing party from paying costs out of pocket
126 of 132
CFAs - Pros
-Widely available
-Capped success fees, before CFA Order 2013 it could be up to 100%, clients would owe money to lawyers despite winning
127 of 132
CFAs - Cons
-Not available for all civil matters, focus on high win matters (e.g. personal injury)
-Court costs may not be covered by agreement
128 of 132
Citizen Advice Bureau
-Gives free advice to anyone
-Mostly on welfare and debt
-Provide info on legal aid solicitors
-Influence gov policies
129 of 132
Legal Centres
-Grant aided non-profit
-Provide free, professional legal service
-Employ solicitors, barristers, legal advisors, community workers
130 of 132
Trade Unions
-Represent rights of employees (e.g. unfair dismissal, discrimination, poor working conditions)
-Legal advice or representation at employment tribunals
-Involves monthly subscription
131 of 132
Charities
-IPSEA - legal support for parents/ careers with children with special education needs
-Shelter - legal advice/ representation for those made homeless/ facing eviction
132 of 132

Other cards in this set

Card 2

Front

-Law must be accessible
-Law should be apply equally to all
-Means must be provided for resolving civil disputes which parties cannot resolve themselves

Back

Lord Bingham

Card 3

Front

Small claims, fast track and multi-track
-contract disputes
-disputes linked to land
-land recovery
-matters connected to trust mortgages and dissolution of partnership (<£30,000)
- probate disputes
-defamation disputes

Back

Preview of the back of card 3

Card 4

Front

Multi-track
-Queen's Bench Division
-Chancery Division
-Family Division

Back

Preview of the back of card 4

Card 5

Front

-Commercial Court
-Admiralty Court
-Technology and Construction Court

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Civil courts and ADR resources »