MCQ Chapter 11

What does the term access to justice mean? Apart from the cost of justice what else does it entail?

Advice necessary to obtain legal redress should be aviailable to all - treated fairly in the eyes of the law, right to have representation and obtaining legal help

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When was the legal aid scheme created and what was its purpose?

1979 - to provide publicly funded advice, assistance and representation in criminal and civil cases

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What are the consequences of reduced access to justice for the legal Profession

Divorce cases - some solicitors firms no longer carry out low value matrimonial work; prefer to specialise in areas where there is money; large firm closed down

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What does LASPO stand for?

Legal Aid, Sentencing and Punishment of Offenders

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What types of matters is civil legal aid provided for ?

Debt if homes are at risk, housing, domestic abuse, family if abusive relationship, special educational needs, discrimination and issues around children going into care

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Types of services are funded by the Legal Aid Agency for civil cases? What types of a cases are excluded?

Legal help; help at court; family mediation and legal representation; personal injury, clinician negligence except children with brain injury resulting in disability because of womb,birth or 8 weeks), damage to property, boundary disputes, will write

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What factors are taken into account in determining eligibility for civil legal aid?

If income exceeds over £733 or disposable capital exceeds 8k, whether kids are dependent on the adults, pensioners on low incomes

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What is the difference between a law centre, a law clinic and a pro-bono scheme

Law centre specialise in social law, provided training and info about legal rights to groups, work with local authorities; law clinics are students same as pro-Bono’s; probono is service offered by B or S for free/discounted

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What is a CFA? How does it differ from DBA?

CFA is a conditional fee arrangement, no win no fee - covers costs of claimants solicitor but doesn’t absorb liability of costs for the other side if claim isn’t successful: DFA is damages based arrangement - lawyer takes cut of damages received

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What is a success fee? And who has to pay it since April 2013?

A fee a solicitor is entitled to under a CFA if the claim is successful - Claimant has to pay it out of compensation

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What is a duty solicitor scheme?

A criminal defence solicitor who helps offenders if they’re suspected or accused of crime - free advice and advocacy on a first appearance

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What are the 4 types of direct funded criminal legal aid?

Advice and assistance; police station advice and assistance; advocacy assistance; representation

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Apart from a means test, what else must most claimants establish to be eligible for criminal legal aid?

Merits test/ interest of justice test

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Who are public defenders?

Solicitors accredited representatives, and administrators which provide independent high quality and value for money criminal advice

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What was one of the major concerns expressed by opponents to LASPO

Lack of access to lawyers would result in individuals having to act in perso which will result in the court system becoming even more slow and ineffective

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What is a McKenzie Friend?

A person who assists a litigant in person but does not act for them, they are not required to legally qualified

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MCQ Chapter 11

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