Deck 15: The Funding of Legal Services

Question 1

The Access to Justice Act 1999 allows the solicitor's 'success fee' and insurance premiums such as these to be included in the costs awarded against the losing party

Answer 1

True

Question 2

The thresholds for financial eligibility for all applications for funding is made by using which two tests?

A) Household income
B) Disposable income
C) Disposable capital
D) Number of dependants
E) Value of house

Answer 2

B,C
Explanation:The test uses the basic concepts of 'disposable income', that is, income available to a person after deducting essential living expenses; and 'disposable capital', that is, the assets owned by a person after essential items like a home

Question 3

Match up the following Community Legal Service Partnerships (CLSPs) with the the area it covers
-Legal Help

A)Under this, a person can be represented in court. It is available in two forms: investigative help and full representation
B)This provides partial funding for very expensive cases, which are otherwise funded privately
C)This is the provision of help in relation to family disputes including the resolution of the matter by negotiation or otherwise
D)This is the provision of initial advice and assistance

Answer 3

D

Question 4

Match up the following Community Legal Service Partnerships (CLSPs) with the the area it covers
-Legal Representation

A)Under this, a person can be represented in court. It is available in two forms: investigative help and full representation
B)This provides partial funding for very expensive cases, which are otherwise funded privately
C)This is the provision of help in relation to family disputes including the resolution of the matter by negotiation or otherwise
D)This is the provision of initial advice and assistance

Question 5

Match up the following Community Legal Service Partnerships (CLSPs) with the the area it covers
-Approved Family Help

A)Under this, a person can be represented in court. It is available in two forms: investigative help and full representation
B)This provides partial funding for very expensive cases, which are otherwise funded privately
C)This is the provision of help in relation to family disputes including the resolution of the matter by negotiation or otherwise
D)This is the provision of initial advice and assistance

Question 6

Match up the following Community Legal Service Partnerships (CLSPs) with the the area it covers
-Support Funding

A)Under this, a person can be represented in court. It is available in two forms: investigative help and full representation
B)This provides partial funding for very expensive cases, which are otherwise funded privately
C)This is the provision of help in relation to family disputes including the resolution of the matter by negotiation or otherwise
D)This is the provision of initial advice and assistance

Question 7

Match up these five key documents of the Unified Contract with their meaning
-The Contract for Signature

A)These build upon the terms of General Civil Contract and apply to all providers
B)The LSC may ask providers to give this
C)This contains provisions about the performance of contract work and includes remuneration rates and runs alongside the Unifi ed Contract standard terms
D)This specifies the contract term the parties, the contract documents and authorised signatories
E)This will contain details of matter starts, payment limits, outreach work and any special provisions applying to it

Question 8

Match up these five key documents of the Unified Contract with their meaning
-Office Schedules

A)These build upon the terms of General Civil Contract and apply to all providers
B)The LSC may ask providers to give this
C)This contains provisions about the performance of contract work and includes remuneration rates and runs alongside the Unifi ed Contract standard terms
D)This specifies the contract term the parties, the contract documents and authorised signatories
E)This will contain details of matter starts, payment limits, outreach work and any special provisions applying to it

Question 9

Match up these five key documents of the Unified Contract with their meaning
-Standard Terms

A)These build upon the terms of General Civil Contract and apply to all providers
B)The LSC may ask providers to give this
C)This contains provisions about the performance of contract work and includes remuneration rates and runs alongside the Unifi ed Contract standard terms
D)This specifies the contract term the parties, the contract documents and authorised signatories
E)This will contain details of matter starts, payment limits, outreach work and any special provisions applying to it

Question 10

Match up these five key documents of the Unified Contract with their meaning
-Specification

A)These build upon the terms of General Civil Contract and apply to all providers
B)The LSC may ask providers to give this
C)This contains provisions about the performance of contract work and includes remuneration rates and runs alongside the Unifi ed Contract standard terms
D)This specifies the contract term the parties, the contract documents and authorised signatories
E)This will contain details of matter starts, payment limits, outreach work and any special provisions applying to it

Question 11

Match up these five key documents of the Unified Contract with their meaning
-Indemnities and Guarantees

A)These build upon the terms of General Civil Contract and apply to all providers
B)The LSC may ask providers to give this
C)This contains provisions about the performance of contract work and includes remuneration rates and runs alongside the Unifi ed Contract standard terms
D)This specifies the contract term the parties, the contract documents and authorised signatories
E)This will contain details of matter starts, payment limits, outreach work and any special provisions applying to it

Question 12

What type of work does civil legal aid cover?

Question 13

What type of work does criminal legal aid cover?

Question 14

Why were Community Legal Service Partnerships (CLSPs) set up and what was their aim?

Question 15

Since 1 April 2007, Unified Contracts have replaced the General Civil Contract and Family Mediation Contracts. What are the five key documents which Unified Contracts contain?

Question 16

Even though 'no win, no fee' or conditional fee arrangements have been reformed in recent times, what continues to be the problems?

Question 17

What are the advantages of 'no win, no fee' or conditional ree arrangements?

Question 18

Funded services for all civil contract work fall under the headings of controlled work and ___

Question 19

On 24 May 2007 the first ___ was officially opened in Gateshead

Question 20

To get funding for criminal proceedings, an applicant must pass two tests: an ___ test and a financial eligibility test

Question 21

'No win, no fee' agreements are also known as ___ arrangements

Question 22

The LSC has two main duties in respect of the CLS. What are they?

A) It manages a CLS Fund
B) Manages cases for alternative dispute resolution
C) Delegates decisions about the allocation of resources
D) Mainly deals with the needs of providers of legal services
E) Developing local, regional and national plans to match the delivery of legal services to identified needs and priorities

Question 23

Which of these following statements about the Legal Services Commission is TRUE?

A) It was set up in 1950
B) It replaced the Legal Aid Board
C) It is responsible for taking detailed decisions about the allocation of resources
D) It has a narrower role in respect of the CDS than the previous Board did in respect of Criminal Legal Aid
E) It is required to liaise with other funders to develop the CLS more widely

Question 24

Conditional fee arrangements are ideal as they raise very few criticisms

Question 25

Legal aid is mainly available for civil cases

Question 26

Full representation will never be refused, even in cases where the prospects of success are unclear or poor

Question 27

There is no means test in order to have advice and assistance through the Duty Solicitor Scheme

Question 28

Certain legal services are free and do not require a means test

Question 29

When was legal aid introduced?

A) 1930
B) 1940
C) 1950
D) 1960
E) 1970

Question 30

Under the Access to Justice Act 1999, what was the former Legal Aid Board replaced with?

A) The Law Society
B) Legal Services Commission
C) Legal Aid Foundation
D) Community Legal Commission
E) The Financial Assistance Scheme

Question 31

What is the criteria for legal help to be provided?

A) Only if the client earns below £15,000 a year and there is sufficient benefit to the client to justify the work
B) Only if it is reasonable for the work to be funded by the CLS and the client agrees to pay monthly repayment instalments to the CLS
C) Only if there is sufficient benefit to the client to justify the work and it is reasonable for the work to be funded by the CLS
D) Only if the client earns below £10,000 a year and they have been seriously harmed by the defendent
E) Only if the client can show that they have been permanently effected by the harm caused to them

Question 32

What were set up in order to assess demand and ensure that the right kind of services are available to meet the needs of a region?

A) Community Legal Service Partnerships
B) Regional Legal Aid Partnerships
C) Local Legal Aid Services
D) Assistance for Communities
E) Regional Legal Aid Assistance

Question 33

In order to be a supplier under either the CLS or the CDS, the solicitor or not-for-profit organisation must achieve the minimum standards under the respective Quality Marks. A supplier of general help will typically do what?

A) Will be a solicitor, a law centre, or some Citizens' Advice Bureaux, and it will be able to give information and advice on a complex problem in a specialist legal area
B) Will be a barrister who can help with advice and assistance
C) Typically be a library and provide leaflets, reference material
D) Provide information and advice and will be a Citizens' Advice Bureau or other advice agency
E) Will be an organisation which can provide access to the CLS or CDS Directory of Services

Question 34

In addition to financial eligibility, an applicant's case must also satisfy what other test?

A) Credit test
B) Value test
C) Income test
D) Household test
E) Merits test

Question 35

Which service uses criminal legal aid to help people who are under investigation or facing criminal charges?

A) The Criminal Legal Aid Service
B) The Criminal Defence Service
C) Representation for Criminal Matters Service
D) Community Criminal Aid Service
E) The Financial Assistance Scheme for Criminal Cases Service

Question 36

In order to be a supplier under either the CLS or the CDS, the solicitor or not-for-profit organisation must achieve the minimum standards under the respective Quality Marks. What are the three kinds of quality marks?

A) Information
B) Specific Help
C) General Help
D) Specialist Help
E) Advice and Assistance

Question 37

Both barristers and solicitors operate ___ schemes under which legal work is done without charge or at reduced cost for members of the public ineligible for legal aid from the LSC