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20 Cards in this Set
- Front
- Back
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What are the main advantages of getting legal advice from a solicitor?
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They are most legally qualified source of advice and are available throughout the UK.
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Why might advice from a solicitor not be an option for some people?
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Advice from a solicitor is very expensive and is therefore not affordable choice for many people. Also not many solicitors offer Legal Aid.
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Describe two different ways of paying for legal advice in a negligence case.
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You can pay for legal advice privately or through Legal Aid, If you are qualified.
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What are the problems you may come across if you rely on websites for legal advice?
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They give very general advice and some websites may not give accurate information. Anyone could make the information up.
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Why are most civil disputes settled through negotiation?
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A civil case is rather expensive and negotiation is a much cheaper option. It is also easier to negotiate as you could reach a decision that benefits both parties.
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What is the main advantage of conditional fee agreements?
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One of the main advantage of conditional fee agreements is that you won’t have to pay anything if you lose
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Other than personal injury, what is another type of case that will not receive public funding?
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Small Claims
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What are the differences in procedure between small claims and fast track cases?
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Small claim cases are heard by a district judge whereas fast track will be heard by a circuit judge
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How does the small claims procedure encourage claimants not to have solicitors to represent them?
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You are encouraged to not have solicitor as legal costs will not be awarded to the claimant even if they win.
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Which track would a claim concerning a faulty toaster be allocated to and why?
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Small Claim Track, as the damages will be likely to be lower than £5000
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Name the two types of judge who may hear County Court trials.
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Circuit Judge
District Judge |
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In what type of situation might a claimant want an injunction rather than damages as a remedy?
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A person may want an injunction rather than damages if the civil wrong committed involved damage to the person/house or their emotional wellbeing
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Who would hear a civil appeal from the decision of a district judge in County Court?
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A Circuit judge in the County court
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Name the Act of Parliament which created the three-track system.
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Civil Procedure Act 1997
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What is meant by Legal Help?
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Where a solicitor is paid to give initial advice and may send preliminary letters.
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What are the major areas of work undertaken by the County Court?
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Bankruptcy; negligence; personal injury; divorce; family law; tort; contract cases
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What does the term ‘means tested’ mean?
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Dependant on proof of low income and savings/investments.
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What is the correct name for the process of bringing a case through the courts?
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Litigation
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What are conditional fee arrangements commonly known as?
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No win no fee
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When a solicitor’s initial advice is publicly funded, what is the name for this type of assistance?
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Legal help
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