Frage 1
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Why is access to justice important?
a) In civil cases:
b) In criminal cases:
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a) Provides Fairness, helps with funding
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b) Their freedom is at risk
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a) Allows for individual rights to be enforced
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b) Criminals need a good trial
Frage 2
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Under which act of parliament does the Ministry of Justice Control Legal Aid?
Frage 3
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When will legal aid be available?
Frage 4
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In which areas of law is legal aid no longer available?
Frage 5
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What does "means tested" mean in relation to legal aid?
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1. Testing to see if a person has a lawyer
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2. Testing if a person is able to go to court
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3. How much money somebody has including income and home ownership before deciding whether or not to give them money
Frage 6
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Why is this problematic?
Frage 7
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What effect has the low rates of pay for legal aid had on legal service providers?
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1. They cant pay for the staff
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2. Have opened business elsewhere in places other than the legal services
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3. Many have decided that due to low pay they have suffered and don't feel like carrying on giving more money
Frage 8
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In which type of civil case can legal aid be provided?
Frage 9
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Who decides if a person qualifies for legal aid in a civil case?
Frage 10
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State three criteria which apply to this:
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1. The cost of the services and the benefit which may be obtained
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2. The chance of success
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3. The availability of the services
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The person
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The nature and seriousness of the case
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The chance of success
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The public interest
Frage 11
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What are the financial limits for legal aid?
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1. If you earn more than £31,834 per year your eligible
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2. If you earn more than £800 per month your eligible
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If you earn more than £700 per month then your eligible
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If you earn more than £30,340
Frage 12
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Who can provide legal aid services?
Frage 13
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Which section of which act governs legal aid for those in custody?
Frage 14
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Who would provide legal advice in this situation?
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1. The Head of criminal casework
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2. A duty solicitor from a law firm that the legal aid agency would have made a contract with
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3. A barrister from chambers that the legal agency would have made a contract with
Frage 15
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Which section of which act govern legal aid in criminal legal proceedings?
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1.s27
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2. s13
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3. s12
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4. s15
Frage 16
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What does legal proceedings include?
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1. Court cases
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2. Tribunals
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3.Extradition orders
Frage 17
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What factors will be considered in deciding if the individual gets legal aid in legal proceedings?
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1. If the individual is likely to lose their liberty loss of reputation
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2. Whether the individual is able to understand or present their case on their own
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3. Whether or not the person committed a crime
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4. Whether the proceedings concern an important question of law
Frage 18
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What are the financial restrictions on legal aid?
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1. If the claimants income is this £ 23,456 or more than they aren't likely to receive legal aid
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2. If Claimants income is this £22,325 or more than they aren't likely to receive legal aid
Frage 19
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What are Citizens Advice Bureaux?
Frage 21
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What are law centres?
Frage 22
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What free services are offered by Solicitors and Barristers?
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1. Solicitors provide free or fixed fee initial interviews also offer accident legal advice service to help accident victims claim compensation Barristers give their time no free of charge free representation unit to represent clients
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2. Solictors and Barristers give their money to critical cases
Frage 23
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Summarise the disadvantages of the current system of legal aid
Advice [blank_start]deserts[blank_end] created as legal aid firms [blank_start]close down[blank_end] due to [blank_start]low rates[blank_end]
Less [blank_start]money[blank_end] becomes available for [blank_start]legal aid[blank_end] so access to justice is [blank_start]reduced[blank_end]
Lots of people with little spare [blank_start]income[blank_end] are [blank_start]denied[blank_end] legal aid
The interests [blank_start]of justice test[blank_end] means many defendants don't and cant get [blank_start]legal aid[blank_end]
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deserts
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close down
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low rates
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money
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legal aid
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reduced
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income
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denied
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of justice test
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legal aid
Frage 24
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Davina is claiming £50,000 for personal injury against her employer after being blinded by a faulty lighting rig. She is single and earns £17,000 per year. Is it true that Davina will be able to claim for legal aid?
Frage 25
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Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
Frage 26
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Darcey is charged with shoplifting. She earns £30,000 per year
Is it true that Darcey will be able to claim for legal aid?
Frage 27
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Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
Frage 28
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Susan earns £1800 per month. Her partner Jack earns £900 per month. She is claiming against her local council for discrimination in relation to her housing claim. Is it true that Susan will be able to claim for legal aid?
Frage 29
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Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
Frage 30
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Private Funding and Conditional Fee Agreements- What happens when a person isn't eligible for legal aid?
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They may have to pay large amounts for a solicitor (private funding)
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Or take out a conditional fee agreement available in all civil cases except family cases, but not in criminal cases
Frage 31
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The solicitor and client agree on the fee that would normally be charged for such a case and a success fee. if the case is lost usually no fee is to be paid (no win no fee arrangement)
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The solicitor and client agree on what the client will pay the solicitor
Frage 32
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What are success fees?
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Success fees are usually capped at 25% of the damages that the client wins. winner has to pay because the loser cannot be required to pay the winners success fee
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The claimant pays all the money
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Claimants can also take out insurance in case they lose and have to pay the other side's legal costs. The premium for this cannot be reclaimed from the other side following LASPO 2012