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Summary Business Unit 23 - The English Legal System P4 P5 M1 D1
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James OsborneI have been asked to create an essay which compares the different personnel and
evaluates lay people’s effectiveness in a decision-making capacity.
Lay people are volunteers who are not legally qualified and do not get paid. Other
terms for lay people are the Jury and the Magistrates. Lay people play a huge role in
criminal cases.
There are various similarities between Judges and Lawyers. One similarity is that
qualifications are required (including legal qualifications) for an individual to be able
to be a Judge or Lawyer as with most legal professions. This is because being a
Judge or Lawyer is an extremely important role and both roles deal with complex
situations and cases. Therefore, it Is essential that an individual in one of these roles
has the required amount of legal knowledge so that the cases that they are dealing
with are proceeded with correctly. Another similarity is that both Judges and Lawyers
are not paid by the hour, but by salaries. The amount in which a judge is paid
depends on what rank they are (e.g. District Judge, Circuit Judge etc.). Whereas the
salary for a Lawyer depends on whether they are self-employed or working for a firm.
In society, both being a Judge and a Lawyer is considered a high position to be.
There are also differences between Judges and Lawyers. One difference is that
unlike solicitors, Judges must have previous experience within the courtrooms. It is
very important that Judges have this experience because ultimately they are the
ones that are responsible for the future of a lot of people’s lives and a mistake could
lead them to receive serious sanctions. Therefore, the more experience a Judge has,
the better. As part of a Lawyers role, they must collect legal knowledge together and
present it in a courtroom. Therefore, it is not necessary for them to have any
experience in the courtroom (even though it may help) because they will have the
support of the firm they are working for (solicitors) or the support of other barristers.
Another difference is related to the Jury. During proceedings, it is extremely
important that Lawyers are presenting evidence clearly so that the Jury are
interpreting it correctly and are making decisions accordingly. Other than that,
Lawyers have no other duties related to the Jury. However, Judges have various
duties when it comes to the Jury. One of these duties is making sure they are
dismissed when they are no longer required. Another duty is if the Jury are being
unreasonable, the Judge will overview the evidence with them again to make sure
they are making the right decision. Therefore, Judges have a lot more involvement
with the Jury compared to Lawyers. There is also another massive difference that is
extremely obvious, the role that Judges and Lawyers have is completely different.
Lawyers gather legal knowledge, prepare it for court, and then present it in the
courtroom. Whereas Judges ultimately decide the outcome of the case and in
criminal law decide whether the defendant is guilty or not guilty, and in civil law they
decide who wins the case.
There are various similarities between Lawyers and Lay People. One similarity
between Magistrates and Jurors is that no qualifications are required to be a one.
The main reason for this is that they are not complex roles and it is not necessary for
individuals in these roles to have any legal knowledge. Also, a legal advisor is
present to assist a Magistrate with legal knowledge after they have received training.
Another reason as to why no qualifications are required is because Lay People work
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