Part 1Introduction to law
68
1 For each of the actions listed below state:
(a)Which court or tribunal would hear the case?
(b)What type of lawyer could represent the parties?
(c)Who would try the action?
(d)To which court or tribunal would an appeal lie:
(i) in a prosecution for murder;
(ii) in an undefended divorce;
(iii) in a claim for damages of £75,000 for
negligence causing personal injury;
(iv) in an application for a late extension by the
licensee of a public house;
(v) in a claim by an employee that he has been
unfairly dismissed;
(vi) in a bankruptcy petition where the debts are
£20,000;
(vii) in a claim by a resident that his local
authority has failed to produce accounts for
public inspection as required by law;
(viii) in a claim for damages of £200 for breach
of contract;
(ix) in an application by a social services
department to take a child into care?2 What part do laymen take in the administration of the
legal system? Should they be replaced by
professionals?3 Our legal system often allows for two levels of
appeal. Is this a wasteful use of resources?4 What are the advantages and disadvantages of using
tribunals rather than the ordinary courts to decide
disputes?Self-test questions/activities
1 (a)Comment on the view that magistrates’ courts
are the workhorses of the criminal justice
system.
(b)Explain how criminal cases are allocated for trial
between magistrates’ courts and the Crown
Court.
2 Critically evaluate the changes to civil justice
procedure introduced by the Woolf reforms.3 What alternatives to litigation in the ordinary courts
are available? What are the advantages and
disadvantages of these alternative methods of dispute
resolution compared to litigation in the courts?Specimen examination questions
Legal profession
http://www.lawsociety.org.ukThe Law Society is the
representative and regulatory body for solicitors of
England and Wales. In order to practise, all solicitors must
have a practising certificate which is issued by the Law
Society on an annual basis. There are over 80,000
solicitors on the Roll.
http://www.lawscot.org.ukThe Law Society of Scotland
is the governing body for Scottish solicitors. In essence,
the Society promotes the interests of solicitors in Scotland
and provides services to the public in this field.
http://www.barcouncil.org.ukThe Bar Council®is the
regulatory and representative body for barristers in
England and Wales. This site gives information on what
barristers do, their history and how they are regulated, etc.
http://www.conveyancers.org.ukThis is the website for
the Council of Licensed Conveyancers, the professional
body for those specialising in property law.
http://www.ilex.org.ukOn this website you will find
information about the Institute of Legal Executives (ILEX),
the professional body which represents 22,000 legal
executives.Website references