Essay
Compare and Contrast the ROLE & FUNCTION of Judges, Lawyers & Lay People.
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ASSIGNMENT 4 - MERIT GRADE
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BTEC LAWCompare and Contrast the ROLE & FUNCTION of Judges,
Lawyers & Lay People.
Introduction
This report will consist of comparing and contrasting the roles and functions of Judges,
Lawyers and Lay people.
A Judge is someone who deals with the court matters, they interpret the law, evaluate
the evidence given, and take control of hearings and trials which occur in their
courtrooms. Most importantly, they have a significant role of the decision making
although the entire decision is not up to them. However, in contrast to that the jury also
has a role of making a final decision in what is called reaching a verdict, therefore the
judge and juries have same function on this matter.
There are two types of judges; Superior and Inferior, they sit in different courts
accordingly to their position. Both type of judges have two different qualifications to
attain. To become a Superior judge, there is two ACTs which are set out for them; Courts
and Legal Services Act 1990 & Tribunals, Courts and Enforcement Act 2007. To become
Inferior judge, it is much simpler as they have to meet the judicial appointment eligibility
condition. Superior judges are appointed by the Judicial Appointments Commission also
known as the JAC, whereas Inferior judges are usually appointed by the Queen, having
been selected by the JAC. Nevertheless, to get the authority to become a jury, there is no
qualification required, though, they may be selected by the electoral register as similarly
to inferior judges as they are selected by the JAC. There are many types of judges who
have difference positions in the judiciary, Superior judges sit in the High Court or above
courts, the highest of them all is The Lord Chief of Justice, who is the head of the
judiciary, and the present head is Lord Thomas. Below that is The Justices of the Supreme
Court, the judges here work in supreme courts, before they were known as the Lords of
Appeal in ordinary. Below them is The Lord Justices of Appeal and they sit in the Court of
Appeal in which they hear appeals and deal with them. The High Court judges come next
as they sit in High Court which has 3 divisions, Queens Bench Division (QBD), Family and
Chancery. Judges from the High Court can also work in Crown Court if the case becomes
more serious and they are also known as the Reds as they wear a red robe. Inferior
judges sit in the courts below, Circuit Judges are the highest of inferior judges and they
sit in the County and Crown Courts. Below them, is the Recorders, who are part-time
judges, they sit in the Crown Courts, and sometimes in County Court for about 20 days.
Then comes, District Judges, they only sit in County Courts and finally is the District
Judges who sit in the Magistrate Court, they are qualified for this role as lay magistrates
has a difference as there’s no need for qualification to become one.
Judges have a role as they watch over the trial, and make sure both sides follow the rules
of evidence and procedure. They are known as the Master of law therefore they give
regulation on disputes of the law and make final judgements on legal questions. They
also infer and apply statutory law applying to the case. On the other hand, lawyers such
as solicitors and barristers give legal advice to their client regarding the law.
In civil cases, before the trial, the judges read all the important case papers such as the
witness statements, exhibits etc. and also if needed, the relevant law. All the judges are
active Case Managers in civil trials therefore, they are accountable for, Assigning the
case to the suitable track accordingly to the allocation questionnaire, also assembling the
trial timetable & directing the progress of the case. Drawing parties’ attention to relevant
PAPs and guiding them on what to do before the trial, making the parties to resolve their
dispute in other ways (ADR), and Making sure that the parties collaborate to help the
case finish as fast as possible. However, during the trial, they make notes on the
evidence heard, and they make the decision in the case and decides the Award/remedy.
, BTEC LAW
In addition, they may ask questions to both parties at any time and finally after the trial
outcome is made – decisions as to cost will be made.
In criminal cases, before the trial the judges will read all the relevant case papers and
charges, and if essential relevant law. In the PCMHs which stands for Plea and Case
Management Hearing form, the judge deals with the applications made and makes
decisions. Juries in Crown Court, the judge will supervise the selection and swearing in of
the jury. Also, in the jury trials, the judge will direct the jury to their role and give
warnings to not discuss or research the case. During the trial, the judge makes notes on
all the evidence has heard so far, and gives the jury relevant legal directions, but this
may be done with caution to avoid possible grounds for appeal. They may answer all the
questions a jury may ask, towards the end of the Crown Court trial, the judge will sum up
all the essential evidence, arguments, and the strength and weaknesses for each to the
juries, this is called ‘summing up’. The juries may go away and decide the verdict and the
judge will decide what kind of verdict they want jury to arrive such as unanimous or
majority. The judge also passes on the sentence and to help the judge do that, they
follow the pre-sentence reports and the guidelines for sentencing. The judge will also
hear the submissions from both the prosecution and the defence before they come up
with their decision.
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When there is a case, usually to seek for advice people go to solicitors. There are many
solicitors who expertise in a certain issue such as family issues, which includes divorce,
custody of the children etc. They may have meetings and interviews with clients,
advising the client on what to do regarding the law and legal issues, and they may
negotiate with their client. Solicitors can only sit in the County or Magistrate courts,
however the Solicitor advocates who are more trained can work in other courts,
representing their clients as they have the rights of full audience. This is a law where are
allowed to appear in court for their client.
Unlike barristers who are self-employed, solicitors work in firms. But, before getting into a
firm, they may have training and qualification and be legally qualified solicitor in this
country (England). Firstly, they will need to have A-levels or equivalent, and go to
university and study law or any other subjects, after achieving a degree, there’s a law
course you attend, one year full-time course or part-time two years, the Legal Practice
Course, Once that is attained, next step will be two-year training period. As a result of
that if the graduate passes, he may be qualified as a solicitor, then they may apply for
law firms.
Solicitors give legal advice to the client, their job is to ensure the client in criminal cases,
so the prosecution is processed in decent time and everything should be organised for
him. Therefore, from giving advice on legal matters preparing proposals and arguments.
Nevertheless, the solicitor may also advice the client on how to plead guilty, if he has
committed the crime. They are denoted to as the general practitioners of legal profession
as they are the first port of call for majority of clients for legal advice. Also, the solicitor
gathers all the evidence for the defendant to prove their innocence and knows all the
evidence used against them, therefore they will tell them how to plead if sentence is
likely. If the defendant pleads guilty then the solicitor may try reduce the sentence.
Solicitors will meet with their clients and gather all the important facts and details, also
they deal with things such as conveyancing, probate and family matters such as divorce
or custody of children. Other greater city firms specialise in corporate law dealing with
mergers, acquisitions and finance for great multi-national companies, or commercial law
which is business law and which involves drafting and negotiating big contracts. They
also deal with intellectual property when lawyers deal with copyright and patents, how to
obtain and protect them. They may commence some legal research or hire a barrister to
give an opinion on the matter. Solicitors may represent their clients themselves in
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