Question 1
Question
Why is access to justice important?
a) In civil cases:
b) In criminal cases:
Answer
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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
Question 2
Question
Under which act of parliament does the Ministry of Justice Control Legal Aid?
Question 3
Question
When will legal aid be available?
Question 4
Question
In which areas of law is legal aid no longer available?
Question 5
Question
What does "means tested" mean in relation to legal aid?
Answer
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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
Question 6
Question
Why is this problematic?
Question 7
Question
What effect has the low rates of pay for legal aid had on legal service providers?
Answer
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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
Question 8
Question
In which type of civil case can legal aid be provided?
Question 9
Question
Who decides if a person qualifies for legal aid in a civil case?
Question 10
Question
State three criteria which apply to this:
Answer
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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
Question 11
Question
What are the financial limits for legal aid?
Answer
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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
Question 12
Question
Who can provide legal aid services?
Question 13
Question
Which section of which act governs legal aid for those in custody?
Question 14
Question
Who would provide legal advice in this situation?
Answer
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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
Question 15
Question
Which section of which act govern legal aid in criminal legal proceedings?
Answer
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1.s27
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2. s13
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3. s12
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4. s15
Question 16
Question
What does legal proceedings include?
Answer
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1. Court cases
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2. Tribunals
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3.Extradition orders
Question 17
Question
What factors will be considered in deciding if the individual gets legal aid in legal proceedings?
Answer
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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
Question 18
Question
What are the financial restrictions on legal aid?
Answer
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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
Question 19
Question 20
Question
What are Citizens Advice Bureaux?
Question 21
Question
What are law centres?
Question 22
Question
What free services are offered by Solicitors and Barristers?
Answer
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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
Question 23
Question
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]
Answer
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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
Question 24
Question
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?
Question 25
Question
Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
Question 26
Question
Darcey is charged with shoplifting. She earns £30,000 per year
Is it true that Darcey will be able to claim for legal aid?
Question 27
Question
Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
Question 28
Question
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?
Question 29
Question
Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
Question 30
Question
Private Funding and Conditional Fee Agreements- What happens when a person isn't eligible for legal aid?
Answer
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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
Question 31
Question
How do CFA's work?
Answer
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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
Question 32
Question
What are success fees?
Answer
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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