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TOLES F Unit 1 Pt 1

TOLES Foundation Unit 1 Part 1

QuestionAnswer
What is the different between a barrister & a solicitor? Barristers represent clients in court based on briefs solicitors create for them from their interactions with clients.
Do barristers give advice and counsel to the client or the client's solicitor? The client's solicitor.
Who wears robes and a wig in court? A barrister
Is an American lawyer called a barrister, solicitor or an attorney? An attorney
Is a barrister or solicitor called a lawyer? Both are classified as lawyers in the UK.
Are there barristers in America? No. All licensed attorneys can represent clients in court.
Can you take a special exam to be a judge in the USA and UK? No. Judges must get a lot of experience as a lawyer and then are chosen (appointed).
What are the qualifications to be a solicitor ? Finished undergraduate at university, then do 1 year in legal practice, then a 2 year training contract with a law firm.
What do barristers specialise in? Advocacy or speaking for someone in court.
What does it mean to plead a case in court? To act as an advocate by speaking for a client in court.
Can a solicitor also represent a client in court? Yes, in some cases.
What is the right of audience? That is the right of a person to have their case heard in court.
What is a subject or situation? A matter
What is criminal law? The law that punishes a person who acts against other people or property in a harmful way to the community.
What is civil law? Civil law concerns the rights and duties of private individuals and companies other than criminal matters.
What is an amicable decisions in a civil court case? Before going to court, the parties try to solve the situation and reach a decision they agree on.
Who is the person who starts the claim? Claimant (UK) or Plaintiff (USA)
Who is the defendant? The person being named in the claim by the claimant or plaintiff.
What is involved in the process known as filing a claim, issuing a claim or starting proceedings? The information is sent to the defendant by the claimant with details of the claim and the defendant is given time to respond.
How long after the claim is received does the defendant have to investigate and respond? 3 months to respond with acceptance, denial and supporting info for each decision.
Which court is used for claims less than £15,000? The County Court
Which court is used for claims higher than £15,000? Either - the claimant has a choice.
What court is personal injury heard in? Claims less than £50,000.
Where is a defamation claim heard? In The High Court.
Can a case move from The County Court to The High Court? Yes.
Where can a claimant issue (file) a claim or start proceedings? At any County Court or High Court in the country.
Created by: suzeelevant
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