BTEC Business Level 3: Unit 23 The English Legal System Assignment 2. Distinction criteria met. This Assignment is very well structured with easy to read subheadings and appropriate images. Using this Assignment as your template will ensure you attain Distinction.
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PEARSON (PEARSON)
Business 2016 NQF
Unit 23 - The English Legal System
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BTEC Business Level 3
Qualification: Pearson BTEC Level 3 National Extended Diploma in Business
Unit number and Title: Unit 23: The English Legal System – Assignment 2
Learning Aim: B: Investigate the role of the “legal profession” and “lay people” in
contributing to case outcomes
Assignment Title: The role of the courts, their alternatives and personnel in contributing to
case outcomes
Introduction
Cases Used:
Case 1: James (19), Casper (16) and Pete (19) have been involved in a confrontation. Pete
has been carrying a knife and has stabbed a male whose name was Brian. Casper then
managed to steal large cans from a shop which was nearby while James fled away. James,
Casper and Pete were later arrested.
Case 2: Mary fell over some equipment which Bill left lying around while not attending to
work for few months. Bill was contracted by Mary due to lack of job responsibility which led
Mary to pay extra money in order to fix the issue which Bill caused.
Case 3: Saif and Jane just separated, and Jane wants a divorce which Saif is not agreeing on.
23/B. P3: Using case examples accurately apply and explain the role in the civil courts and
ADR of the legal profession and lay people.
Check PowerPoint
23/B. P4: Using case examples, accurately apply and explain the role in the criminal courts
and ADR of the legal profession and lay people
Check PowerPoint
23/B.M2: Compare and Contrast the role and function of lawyers and lay people within
the English Courts and ADR
1
, BTEC Business Level 3
One of the similarities between the roles of lawyers and lay people within English Courts is
that lay people such as Magistrates contain a mentor, and they take on training before the
trail even starts. Within their training, they have to visit a prison. The purpose of training is
to ensure that the Magistrates are fully up to date with regulations, new laws and also
procedures. Magistrates are also able to decide if they want to take a specialist training and
this is normally on the youth or family sittings. This goes same with solicitors as they also
gave to go through trainings in order to receive qualifications. These qualifications can be
such as Stage 1: covering business law, litigation, property law and practise, regulation and
conduct of professionals and practical skills.
One of the main differences in the lawyers and lay people roles within English courts is that
the role of a solicitor within a criminal case is to be acting as an advisor towards the client
and also represent them. A solicitor will be analysing the case which they haven granted and
will be conducting research. Followed by a presentation on what they have found within
court. This evidence will be used to show how the defendant is not guilty and should be
granted freedom or at least negotiation for a plea bargain or even a settlement. On the
other hand, lay people are consisted of lay people of 12 who are present fully throughout
the entire court case. Together they come up with a verdict after listening to all the
evidence. The jury will be also making a verdict on how they feel even if the law has stated
that the defendant is fully guilty. Another the difference is between the roles of the lay
people and lawyers within English courts is a solicitor’s role within a civil case is that they
must be fully interested within their client’s case. This means they must be looking at all the
evidence which have been provided to them and also collect their own which means
spending their own free time in work. When the solicitor is with the side of the claimant,
they must be doing everything to improve that the defendant is wrong and should be
punished. However, the magistrates are there to hear the criminal cases but also can
sometimes be present within civil court cases. Magistrates normally are within family
matters when present in civil problems. They can also deal with cases that relate to
individual not paying their council taxes.
One of the main similarities between the roles of lay people and lawyers in ADR is the
solicitor’s role within ADR which is to give advice and even be a facilitator between the
individuals or parties. Solicitors are able to provide their clients with evidence and also any
2
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