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TOLES F Unit 1 Pt 1
TOLES Foundation Unit 1 Part 1
Question | Answer |
---|---|
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. |