Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
Solicitors and barristers are both known as lawyers this term “lawyer” is used to describe anyone who is a qualified legal practitioner. One of the main differences is the job role a solicitor is a legal expert who provides expert legal advice and they come into more contact with their clients who could be people, groups or businesses. Whereas a Barrister represents the individual people and the organisation within the courts, they can also be distinguished from a solicitor because they wear a wig and a gown in the court. One thing they both have in common is that they both can give legal advice to their clients. On a day to day basis a solicitor will deal with the majority of the paperwork for example, writing documents, contracts and letter this is all related to their clients .and take specific instructions from their clients, depending on where they are specialist in they will be able to give useful advice on the legal action. Whilst a barrister would mainly focus on advocacy which is to represent their clients in court, they are normally hired by a solicitors and take instructions from there. There main role is to represent their client cases in a persuasive representation in order to get the best outcome for their client. The Legal services act 1990
Legitimacy of courts has long been an important factor in the judicial system. However, a more recent concern has been diversity. It is becoming increasingly important for the court to represent those who it serves. “The ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves”. Judgements of both the domestic courts of England and Wales along with the European Court of Justice, affect the everyday lives of all EU citizens – including those of minority and underrepresented groups. “Outcomes should not be influenced by considerations of political or financial consequences”. Independence is important as it is vital that each judge is able to decide cases solely on the evidence presented to them by the parties in court. Personal independence is always necessary to ensure that the judiciary as a whole of both the land or the community remains independent. In order for the courts to be fully independent, they must represent the diversity of the people and make decisions in accordance with the law with no other influences. With the growing influence of the government over the last century it has become increasingly important that the judiciary fulfils its responsibility to protect the public against unlawful acts of the government. What has therefore also become increasingly more important is the need for the judiciary to be completely independent from the government. The evidence suggests that the courts nowadays are not
Pass 4- Describe the role of lay people in criminal cases and Distinction 1- Evaluate the effectiveness of lay people in the English courts
In this section I am going to evaluate the effectiveness of Lay people within the English Legal System.
Describe the role of each of these people in the court. (8 marks, 4 marks each article)
Write a 700- to 1,050-word paper in which you discuss the roles of law and courts in today’s business environment.
A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures.
Explain the roles of lay people and lawyers in a criminal case Lay magistrates The integration of lay people into the legal system in England has been very successful. Firstly, because it involves people with local knowledge. Secondly the magistrates that are used come from a wide range of careers not just a legal background which gives them a more open mind also it is less expensive as a process. To become one, you must me between the ages of 18 and 65 years of age and live locally to the area that the courts cover.
On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
Law is one part of a set of processes, social, political, economic and cultural, which shape and direct the development of society. Like all other mechanisms the law seeks to govern human behaviour. The Irish law system belongs to common law systems established in England by the Norman's. This type of law responded to actual rather than anticipated problems. In contrast the law in the civil system is contained in comprehensive codes which are enacted by legislators and which attempt to provide for every legal contingency. Case law or 'la jurisprudence' has lesser significance and lacks the quality of enjoying in the force of law.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.
In today 's society we have court cases that occur every day. Cates ' review, she described the court system today with two different kinds of people, these two parties are one-shotters as well as repeat players. She tells the reader the differences of the two and provides examples of each party. The one-shotters tend to be individuals with less financial support where as the repeat players are institutions that tend to be of a wealthy social status. With the information she provides in the review, she aids Marc Galenter 's famous theory with the advantages of the repeat players over the one-shotters. With some of the differences she numbered off, she used the financial stability as one of them. The ability to afford the lawyers used with the companies money tends to be much with ease rather than using the income of that single individual. With the one-shotters, they only appear in court every once in a while which leads to a weak relationship with their lawyer. The repeat players on the other hand, appear in court much more frequently and have a well established relationship with their lawyer since they are in the court room on a repetitive basis. Cates ' review favors the side of repeat players with more strong points with matters of experience in the court room, they obtain more intelligence in the court room that tends to be the advantage of anyone who appears in a court case. The ranking in the socioeconomic status has a toll on the availability of the lawyers, like
In Medieval England the courts were run by the kings whose council travelled wherever he went for his protection. The courts council consisted of church members, relatives, lords and barons who the king would refer to them for help, advice and direction. The king tried to resolve issues with powerful lords and barons and would often travel around them a kingdom, so he could see what was going on in his community. The name ‘Court’ comes from the fact that most kings held courts and made judgments. When the king travelled, he was welcomed with food, accommodation and entertainment. This would be very expensive and not all kings were welcome. The picture below shows how the King runs the courts while the people are determining the innocence.