Legal Professions In England And Wales
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Legal Professions In England And Wales
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions. Barristers and solicitors Solicitors tend to work together with others in private practice and are generally the first port of call for those seeking legal advice. Solicitors are also employed in government departments and commercial businesses. The Law Society is the professional body representing solicitors. Barristers, on the other hand, do not generally deal with the public directly, but take their instructions from a solicitor representing the client. Barristers then represent the client at court and present their case. The Bar Council is the professional body representing barristers. To become a barrister or a solicitor requires study at law school, but not necessarily at a ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Legal Advice
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law. Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being ''pro bono publico'' (in the public good), or simply ''pro bono''. In the common law systems it is usually received from a solicitor, barrister or lawyer; in civil law systems it is given by advocates, lawyers or other professionals (such as tax experts, professional advisors, etc.). In some countries, legal advice is subject to the possession of a specific licence; in others, it is simply subject to the general regulation of professional obligation and can be provided by any person, who will usually be le ...
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Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ...
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Qualified Lawyers Transfer Scheme
Qualified Lawyers Transfer Scheme (QLTS) is a series of two examinations for the license to practice as a solicitor in England and Wales designed for foreign-licensed lawyers. The QLTS supplanted the Qualified Lawyers Transfer Test (QLTT) on 1 September 2010. The QLTS assessment was designed to increase the number of recognised foreign jurisdictions for the examinations. These changes have opened up the English legal market to qualified lawyers from places as diverse as Korea, Japan and Russia. Format The QLTS assessment has two parts: a Multiple Choice Test (MCT) and an Objective Structured Clinical Examination (OSCE). The MCT consists of 180 multiple-choice questions, and the OSCE consists of the following exercises covering five practice areas (business, property, probate, civil litigation and criminal litigation) over six days: client interview, completion of attendance note/case analysis, advocacy/oral presentation, legal drafting, legal research and legal writing. The QLTS a ...
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Graduate Diploma In Law
The Graduate Diploma in Law/Postgraduate Diploma in Law/Common Professional Examination (GDL/PGDL/CPE) is a postgraduate law course in England and Wales that is taken by non-law graduates (graduates who have a degree in a discipline that is not law or not a qualifying law degree for legal practice) wishing to become either a solicitor or barrister in England and Wales. The course allows non-law students to convert to law after university (exceptions exist for non-graduates depending on circumstances); it is commonly known as a "law conversion course". Regulated by the Solicitors Regulation Authority, the course is designed as an intense programme covering roughly the same content as a law degree LL.B (Hons) and the main goal is to allow people with a greater variety of educational backgrounds into the legal profession. Most GDL/PGDL courses award a diploma and are thus often titled Common Professional Examination (CPE). The GDL/PGDL is one (full-time) or two (part-time) years l ...
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Articled Clerk
Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously three to five years was common. This can be compared as being an intern for a company. Trainees are obligated to sign a contract agreeing to the terms of being an articled clerk. The articled clerk signs a contract, known as "articles of clerkship", committing to a fixed period of employment. ''Wharton's Law Lexicon'' defines an articled clerk as "a pupil of a solicitor, who undertakes, by articles of clerkship, continuing covenants, mutually binding, to instruct him in the principles and practice of the profession". The contract is with a specific partner in the firm and not with the firm as a whole. Now, some professions in some countries prefer to use the term "students" or "trainees" (e.g. a trainee solicitor) and the articles of clerkship ...
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Apprenticeship
Apprenticeship is a system for training a new generation of practitioners of a Tradesman, trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a license to practice in a regulated occupation. Most of their training is done while working for an employer who helps the apprentices learn their trade or profession, in exchange for their continued labor for an agreed period after they have achieved measurable competencies. Apprenticeship lengths vary significantly across sectors, professions, roles and cultures. In some cases, people who successfully complete an apprenticeship can reach the "journeyman" or professional certification level of competence. In other cases, they can be offered a permanent job at the company that provided the placement. Although the formal boundaries and terminology of the apprentice/journeyman/master system often do not extend outside guilds and tr ...
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Legal Practice Course
The Legal Practice Course (LPC)also known as the Postgraduate Diploma in Legal Practiceis a postgraduate course and the final educational stage for becoming a solicitor in England, Wales and Australia (where it is commonly known as "practical legal training" or "PLT"). The course is designed to provide a bridge between academic study and training in a law firm. It is a one-year, full-time (or two-year, part-time) course, and tuition fees range from £8,000-£17,300 a year. A small proportion of students may have their fees and some living expenses paid for by future employers under a training contract. The course is usually taken after a law degree, but a large minority take the course after studying a different subject at university and taking a conversion course called the Graduate Diploma in Law (GDL/CPE). The LPC is regulated through the Law Society of England and Wales and replaced the Law Society’s Final Examination (LSF) in 1993. Like the GDL/ CPE, the LPC can be a ...
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Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ...
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Silk
Silk is a natural protein fiber, some forms of which can be woven into textiles. The protein fiber of silk is composed mainly of fibroin and is produced by certain insect larvae to form cocoons. The best-known silk is obtained from the cocoons of the larvae of the mulberry silkworm ''Bombyx mori'' reared in captivity (sericulture). The shimmering appearance of silk is due to the triangular prism-like structure of the silk fibre, which allows silk cloth to refract incoming light at different angles, thus producing different colors. Silk is produced by several insects; but, generally, only the silk of moth caterpillars has been used for textile manufacturing. There has been some research into other types of silk, which differ at the molecular level. Silk is mainly produced by the larvae of insects undergoing complete metamorphosis, but some insects, such as webspinners and raspy crickets, produce silk throughout their lives. Silk production also occurs in hymenoptera ( bee ...
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King's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or advocate) who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His erMajesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the inner bar of court. As members wear silk gowns of a particular design (see court dress), appointment as King's Counsel is known informally as ''receiving, obtaining,'' or ''taking silk'' and KCs are often colloquially ca ...
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