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Law Unit 1
Access to justice and funding
| What is access to justice | When a person isnt ab le to get the help they need they are being denied access to justice ( includes being able to fund the costs of the case) |
| What is Civil legal advice (CLA) | A government funded legal advice helpline |
| What problems do the Civil legal advice (CLA) assist with | Debt Housing Discrimination |
| What is the Citizens Advice bureau | government funded free legal advice to anyone for issues related to social welfare problems |
| What problems do the Citizens Advice bureau assist with | Entitlement to benefits Employment issues Housing issues |
| What are Law centres | Places that offer non-means tested legal services on any kegal issue |
| Where does funding for Law centres come from | Some funding comes from government,but mainly from national lottery funds |
| What is trade unions | An organisation usually made up of workers from the same profession that aims to protect the interests of its workers |
| What problems to trade unions assist with? | Work related problems |
| Do trade unions offer free legal advice? | No,Memebers have to pay a member ship fee |
| What is CABx | A lawyer run scheme,some solicitors offer free 30 minute interviews |
| What is the Bar Pro Bono unit | Volunteer Barristers who give free legal advice to those who cant get it.If necessary they also will represent their clients in court |
| What are Duty Solicitors? | Government funded solicitors which are availabe 24,7 and assist in criminal cases. Advice can be given over the phone or face to face |
| What are the two types of legal funding | Private Public |
| What are the two resources of private funding. | Own resources Insurance |
| What does it mean by own resources in relation to private funding | Anyone who can afford it can pay for a Solicitor or Barrister to deal with their legal matter |
| What are the two types of insurance for private funding | Before the event After the event |
| What is 'before the event' insurance | This insurance is when there is no known legal claim.Insurance against legal costs |
| What is 'after the event' insurance | This insurance will pay the winning sides costs if they lose |
| What are conditional fee agreements | It is when a solicitor & client agree a fee & success fee Can be used in all civil cases (excpet family) |
| What is a success fee? | Agreed by soliciotor '25% cap on PI cases |
| Where does public funding for legal aid come from? | Government budget HOWEVER must past a means test to qualify |
| What is a means test? | A test someone whos applying for legal aid in a civil case takes to show they do not have enough money to pay for representation |
| How do u automatically qualify for free legal aid in civil court? | If you are on: Universal credit Penson credit |
| How does disposable income affect credibility for public funding? | If the persons disposbale income is between the maximum and minimum level they must contribute monthly contributions |
| What is disposable capital? | To qualify for public funding,Disposable income must be below $8,000 |
| What is the 'Interest of justice' test | A test someone whos applying for legal aid in a criminal case takes along with the means test |
| What does the 'Interest of justice' test determine | Shows whether the individual us likely to lose liberty or suffer severe damage to reputation or whether they are unable to understand court proceedings |
| How do u automatically qualify for public funding in criminal court? | Under 18 On universal credit |
| What is stage 1 of the Magistrate courts means test | Calculates gross annual income.If too high defendant doesnt qualify |
| What is stage 2 of the Magistrate courts means test | Calculates disposbale income,If too high wont qualify for legal aid (Only for people in middle bracket) |
| What is the Crown Court means test |