Deck 14: Legal Services

Question 1

The 1990 Act provides that every barrister and every solicitor has a right of audience before every court in relation to all proceedings

Answer 1

True

Question 2

What is the name of the training apprenticeship within a set of Barristers' Chambers under the guidance of a senior barrister?

A) Graduate diploma in law
B) Bar vocational course
C) Pupillage
D) Legal practice course
E) Legal Executive Course

Answer 2

C
Explanation:A pupillage is the training apprenticeship within a set of Barristers' Chambers under the guidance of a senior barrister

Question 3

Which are the two main branches of the legal profession in England and Wales?

A) Barristers
B) Judges
C) Solicitors
D) Paralegals
E) Legal Executives

Answer 3

A,C
Explanation:The legal profession is split into two ostensibly separate branches: Solicitors and Barristers

Question 4

Which of the following are Inn's of Court for which every Barrister must belong?

A) Gray's
B) Lincoln
C) Inner Temple
D) Middle Temple
E) Upper Temple

Question 5

Which of the following statments about Queen's Counsel (QC's) are TRUE?

A) They are given QC status by the Queen on the advice of the Lord Chancellor
B) The status of a QC is conferred on about 45 barristers each year
C) There are annual invitations from the Lord Chancellor for barristers to apply for this title
D) Applicants need to show at least 10 years of successful practice at the Bar in order to apply
E) Candidates will be chosen by the Lord Chancellor on the recommendation of an independent panel set up by The Law Society and the Bar Council

Question 6

Match up the following measures within in The Legal Services Act 2007 with the reason why they were included
-Office for Legal Complaints

A)For the regulation of legal services which all parts of the system will need to work together to deliver, including promoting and maintaining adherence to professional principles
B)Enables consumers to obtain services from one business entity that brings together lawyers and non-lawyers, increasing competitiveness and improving services
C) Legal Services BoardC)Acts as a single, independent and publicly accountable regulator with the power to enforce high standards in the legal sector, replacing a variety of regulators with overlapping powers
D)Removes complaints handling from the legal professions and restore consumer confidence

Question 7

Match up the following measures within in The Legal Services Act 2007 with the reason why they were included
-Alternative Business Structures

A)For the regulation of legal services which all parts of the system will need to work together to deliver, including promoting and maintaining adherence to professional principles
B)Enables consumers to obtain services from one business entity that brings together lawyers and non-lawyers, increasing competitiveness and improving services
C) Legal Services BoardC)Acts as a single, independent and publicly accountable regulator with the power to enforce high standards in the legal sector, replacing a variety of regulators with overlapping powers
D)Removes complaints handling from the legal professions and restore consumer confidence

Question 8

Match up the following measures within in The Legal Services Act 2007 with the reason why they were included
-Legal Services Board

A)For the regulation of legal services which all parts of the system will need to work together to deliver, including promoting and maintaining adherence to professional principles
B)Enables consumers to obtain services from one business entity that brings together lawyers and non-lawyers, increasing competitiveness and improving services
C) Legal Services BoardC)Acts as a single, independent and publicly accountable regulator with the power to enforce high standards in the legal sector, replacing a variety of regulators with overlapping powers
D)Removes complaints handling from the legal professions and restore consumer confidence

Question 9

Match up the following measures within in The Legal Services Act 2007 with the reason why they were included
-Clear set of regulatory objectives

A)For the regulation of legal services which all parts of the system will need to work together to deliver, including promoting and maintaining adherence to professional principles
B)Enables consumers to obtain services from one business entity that brings together lawyers and non-lawyers, increasing competitiveness and improving services
C) Legal Services BoardC)Acts as a single, independent and publicly accountable regulator with the power to enforce high standards in the legal sector, replacing a variety of regulators with overlapping powers
D)Removes complaints handling from the legal professions and restore consumer confidence

Question 10

Match up the following arguments in regards to barristers being sued for negligence to their meaning
-The 'cab rank'

A)The most substantial argument was that it might be contrary to the public interest for a court to retry a case which had been decided by another court
B)The argument started from the well-established rule that a witness was absolutely immune from liability for anything that he said in court. So were the judge, counsel and the parties. They could not be sued for libel, malicious falsehood or conspiring to
C)The argument was that a barrister who was obliged to accept any client would be unfairly exposed to vexatious claims by clients for whom any sensible lawyer with freedom of action would have refused to act

Question 11

Match up the following arguments in regards to barristers being sued for negligence to their meaning
-The Witness Anology

A)The most substantial argument was that it might be contrary to the public interest for a court to retry a case which had been decided by another court
B)The argument started from the well-established rule that a witness was absolutely immune from liability for anything that he said in court. So were the judge, counsel and the parties. They could not be sued for libel, malicious falsehood or conspiring to
C)The argument was that a barrister who was obliged to accept any client would be unfairly exposed to vexatious claims by clients for whom any sensible lawyer with freedom of action would have refused to act

Question 12

Match up the following arguments in regards to barristers being sued for negligence to their meaning
-Collateral Attack

A)The most substantial argument was that it might be contrary to the public interest for a court to retry a case which had been decided by another court
B)The argument started from the well-established rule that a witness was absolutely immune from liability for anything that he said in court. So were the judge, counsel and the parties. They could not be sued for libel, malicious falsehood or conspiring to
C)The argument was that a barrister who was obliged to accept any client would be unfairly exposed to vexatious claims by clients for whom any sensible lawyer with freedom of action would have refused to act

Question 13

What is the common route for an individual to become a barrister?

Question 14

What impact did the Access to Justice Act 1999 have on the legal professions?

Question 15

Conditional fee arrangements are also known as ___ arrangements

Question 16

The solicitor can be characterised as a ___ practitioner

Question 17

On 1 July 2007 the Solicitors' ___ 2007 came into force which has now codified solicitors' conduct obligations

Question 18

The barrister is often thought of as primarily a court ___, although many spend more time on drafting, pleadings (now called statements of case) and writing advice for solicitors

Question 19

The Bar Standards Board is proposing to impose an ___ from autumn 2012 prior to a student undertaking the BPTC

Question 20

What was the name of the case which resulted in barristers being able to be sued by their clients for negligent performance in court or for work that was preparatory to court work?

A) Arthur JS Hall and Co v Simons and Other Appeals (2000)
B) Rondel v Worsley (1969)
C) Kelly v London Transport Executive (1982)
D) Hedley Byrne v Heller (1963)
E) White v Jones (1995)

Question 21

What is the name of senior barristers of special merit?

A) Special Counsel
B) Queen's Barristers
C) Queen's Counsel
D) Barristers of Excellence
E) Elite Counsel

Question 22

Solicitors do not owe a duty of care to their clients to carry out their instructions to the best of their ability

Question 23

Barristers have a contractual relationship with their clients

Question 24

An independent barrister in private practice is self-employed and unable to form partnerships

Question 25

The vast majority of countries around the world have one single profession of lawyers

Question 26

Barristers cannot be sued by their clients for negligent performance in court or for work that was preparatory to court work

Question 27

The English Legal System is only one of three systems in the world that maintain a divided legal profession

Question 28

Advice and assistance has been drastically altered by which piece of legislation?

A) The Criminal Justice Act 2003
B) The Legal Services Act 2007
C) The Tribunals, Court and Enforcement Act 2007
D) The Human Rights Act 1998
E) Solicitors Act 1980

Question 29

In July 2003, Sir David Clementi who was appointed to carry out an independent review of the regulatory framework for legal services in England and Wales?

A) Lord Woolf
B) Lord Donadson
C) Joseph Raz
D) Sir David Clementi
E) Lord Irvine

Question 30

What is the name of the new franchise which has recently been formed to enable law firms to become members and compete with the changes envisaged by the introduction of ABS?

A) SuperiorSolicitors
B) ExcellenceSolicitors
C) ReliableSolicitors
D) EffectiveSolicitors
E) QualitySolicitors

Question 31

What is the name of the year long course in which individual's must undertake after completing a law degree or law conversion course?

A) Graduate diploma in law
B) Bar vocational course
C) Pupillage
D) Legal practice course
E) Legal Executive Course

Question 32

All solicitors must now undergo regular continuing education, what is this known as?

A) Personal Development Planning
B) Ongoing Educational Development
C) Continuing Professional Development
D) Personal and Professional Training
E) Legal Educational and Personal Training

Question 33

What is the independent regulatory body of The Law Society called which was established in January 2007?

A) Solicitors and Barristers Regulators
B) The Regulation of Legal Professions Authority
C) Legal Professionals Regulators
D) Law Society's Regulation Authority
E) Solicitors Regulation Authority

Question 34

Which of the following Acts introduced the principle that all lawyers should have full rights of audience subject only to reasonable training requirements?

A) Access to Justice Act 1999
B) The Criminal Justice Act 2003
C) The Courts and Legal Services Act 1990
D) The Human Rights Act 1998
E) The Legal Services Act 2007

Question 35

The post of Legal Services Complaints Commissioner is commonly knows as the ___