Quiz
Access to Justice
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Fragen in diesem Quiz (32)
1Why is access to justice important?
a) In civil cases:
b) In criminal cases:- Aa) Provides Fairness, helps with funding
- Bb) Their freedom is at risk
- Ca) Allows for individual rights to be enforced
- Db) Criminals need a good trial
2Under which act of parliament does the Ministry of Justice Control Legal Aid?
- A1. Legal Aid Sentencing and Punishment of Offenders Act 2012
- B2. Legal Aid
3When will legal aid be available?
- A1. The person cannot afford to pay legal fees and the case is eligible
- B2. Where the case is serious e.g domestic abuse
4In which areas of law is legal aid no longer available?
- A1. Medical Negligence
- B2. Trespass on land or property
- C3. Criminal cases
- D4.
5What does "means tested" mean in relation to legal aid?
- A1. Testing to see if a person has a lawyer
- B2. Testing if a person is able to go to court
- C3. How much money somebody has including income and home ownership before deciding whether or not to give them money
6Why is this problematic?
- A1. Many people who actually own their own home don't have spare money even if they earn a lot of money
- B2. People are unaware of the amount of money they have
7What effect has the low rates of pay for legal aid had on legal service providers?
- A1. They cant pay for the staff
- B2. Have opened business elsewhere in places other than the legal services
- C3. Many have decided that due to low pay they have suffered and don't feel like carrying on giving more money
8In which type of civil case can legal aid be provided?
- A1. Debt
- B2. Welfare Benefits
- C3. Education
- D4. Housing
- E5. Asylum
- F6. Discrimination
- G7. Immigration
- HFamily
- IChildren and Domestic Abuse
- JMental health and Community care
9Who decides if a person qualifies for legal aid in a civil case?
- A1. Director of a local council
- B2. CEO of a big law firm
- C3. Director of the legal aid Agency
10State three criteria which apply to this:
- A1. The cost of the services and the benefit which may be obtained
- B2. The chance of success
- C3. The availability of the services
- DThe person
- EThe nature and seriousness of the case
- FThe chance of success
- GThe public interest
11What are the financial limits for legal aid?
- A1. If you earn more than £31,834 per year your eligible
- B2. If you earn more than £800 per month your eligible
- CIf you earn more than £700 per month then your eligible
- DIf you earn more than £30,340
12Who can provide legal aid services?
- A1. Organisations who have a contract with the legal aid agency (LAA)
- B2. Just Law Firms
13Which section of which act governs legal aid for those in custody?
- A1. Head of criminal casework
- B2. Prison authority
14Who would provide legal advice in this situation?
- A1. The Head of criminal casework
- B2. A duty solicitor from a law firm that the legal aid agency would have made a contract with
- C3. A barrister from chambers that the legal agency would have made a contract with
15Which section of which act govern legal aid in criminal legal proceedings?
- A1.s27
- B2. s13
- C3. s12
- D4. s15
16What does legal proceedings include?
- A1. Court cases
- B2. Tribunals
- C3.Extradition orders
17What factors will be considered in deciding if the individual gets legal aid in legal proceedings?
- A1. If the individual is likely to lose their liberty loss of reputation
- B2. Whether the individual is able to understand or present their case on their own
- C3. Whether or not the person committed a crime
- D4. Whether the proceedings concern an important question of law
18What are the financial restrictions on legal aid?
- A1. If the claimants income is this £ 23,456 or more than they aren't likely to receive legal aid
- B2. If Claimants income is this £22,325 or more than they aren't likely to receive legal aid
19What is a CFA?
- A1. Conditional Fee agreements, available only in Cival cases except family. Work by the solicitor and client agreeing on a fee that would be charged and a success fee if the case is won. Usually the agreement is if the case is lost no fee is to be paid. Known as "no win no fee arrangement".
- B2.
20What are Citizens Advice Bureaux?
- A1. Charity organisation set up in most towns to provide free legal advice to anyone on a variety of issues set up in 1938
- B2. Lawyers who approach different people with legal advice free of charge
21What are law centres?
- A1. Open since 1970s offer free non means tested legal advice to people in their area aim to provide legal advice where access is limited
- B2. Places where solicitors work
22What free services are offered by Solicitors and Barristers?
- A1. 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
- B2. Solictors and Barristers give their money to critical cases
23Summarise 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]- Adeserts
- Bclose down
- Clow rates
- Dmoney
- Elegal aid
- Freduced
- Gincome
- Hdenied
- Iof justice test
- Jlegal aid
24Davina 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?
- ARichtig
- BFalsch
25Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
- A1.
- B2.
26Darcey is charged with shoplifting. She earns £30,000 per year
Is it true that Darcey will be able to claim for legal aid?- ARichtig
- BFalsch
27Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
- A1.
- B2.
28Susan 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?
- ARichtig
- BFalsch
29Give a reason or reasons. Also suggest an alternative source of legal advice if one may be available.
- A1.
- B2.
30Private Funding and Conditional Fee Agreements- What happens when a person isn't eligible for legal aid?
- AThey may have to pay large amounts for a solicitor (private funding)
- BOr take out a conditional fee agreement available in all civil cases except family cases, but not in criminal cases
31How do CFA's work?
- AThe 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)
- BThe solicitor and client agree on what the client will pay the solicitor
32What are success fees?
- ASuccess 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
- BThe claimant pays all the money
- CClaimants 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
Informationen
- Beschreibung
- Legal aid, Legal system
- Autor
- Doxa Vassilios
- Sprache
- English
- Aufrufe
- 165
- Schlagwörter
- Bewertung
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