OCR access to justice

whats are the main difficulties for a normal person seeking legal assistance?
lack of knowledge. fear of dealing with lawyers. cost.
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what is the earliest scheme for access to justice?
Citizens advice bureaux 1938.
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what was set up in the 2000's and what for?
the legal service commission and to run legal aid for both civil and criminal cases . , but in 2012 it was abolished to bring legal aid under the control of ministry of justice.
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what was set up in 2012 after the legal service commission was abolished? and what does it do?
legal aid , sentencing and punishment of offenders act. it offered legal help , legal representation.
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what are government funded help lines?
they help with problems such as , debt , housing , domestic abuse , family issues , discrimination.
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what is the help in civil cases?
the legal aid agency has contracts with law firms where they can give free advice to people on lower incomes.
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what is the advice in criminal cases?
anyone held in a police station has right to free legal advice. the advice may be by telephone or face to face. there is no means test.
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what is the criteria for legal aid services?
they are set out in s10. the likely cost of providing the services. the availibility of the resources. the importance for the individual of the matters. the availibility of resources. the public interest.
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what is the availability for legal aid?
under LASPO 2012 legal aid is not available for civil cases unless in a category specifically mentioned in the act.
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what types of cases for legal aid is allowed?
those that involve childrens rights and those involving liberty of the individual. and those cases held at the mental health tribunal.
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what is public funding not available for?
breach of contract cases , claims in tort , claims for personal injury , trespass to the property or land or to property.
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what is means testing?
a person that applies to government funded advice or representnation much show that they dont have enough money to pay for their own lawyer. their income and capital are considered.
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who qualifies for legal aid?
people on job seekers allowance. however if a persons gross income is above a set amount per month then he or she does not qualify.
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what is disposable income?
the disposable income is taken away from the gross income of the person , these include: tax and NI , housing cost , childcare costs. if the amount left after all the deductions is below minimum level then they qualify. if they are in the middle , th
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what is disposable capital?
the assets of the person , such as money in the bank or savings account , stocks and shares or expensive jewellery. there is a maximum limit of disposable capital of £8,000.
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what are the interests of Justice test to qualify for a representation at court? aka means test
if the proceedings that decided against them the individual would be likely to lose their Liberty. the case will involve consideration of a point of law. the individual is unable to understand the proceedings in court. the case may involve interview
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what is the in or out scheme at the magistrates court means testing?
applicants are either eligible for legal aid or ineligible.
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who gets Magistrates Court means testing?
those who are on income support dependents under the age of 16 and those under age 18 in full-time education automatically pass.
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what happens to everyone else?
the test starts with the first stage simple means test which is calculated on gross annual income if the income is too high on this test and the defendant does not qualify. about three-quarters of adults do not qualify for legal aid.
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what is the difference between crown court and Magistrates Court means testing?
there is no upper limit on disposable income most defence can receive legal aid.
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what is one problem with government funding of cases?
advice deserts. there is evidence that not enough legal service providers have contracts. this is partly due to smaller number of contracts made with provided by the legal services commission. also solicitors are finding that the rates of pay are too
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what is a second problem with government funding of cases?
non-availability. funding is not available for many civil claims. claims for damages for personal injury or excluded from the scheme. it creates difficulties for people who have been left with serious disabilities.
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what is a third problem with government funding of cases?
eligibility levels. only people with very low levels of income and capital can qualify for help. therefore it makes it harder for a person with low income to receive legal aid.
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what is a fourth problem with government funding of cases?
criteria set by the Lord Chancellor. in 2013 the Lord Chancellor set criteria for making legal aid services available to individuals. the court of Appeal ruled that the exceptional case funding guidelines were unlawful as they set the bar too high.
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what is the last problem with government funding of cases?
lack of funds. so each year the government censor budget for all of its departments clearly services such as health and education have to have large amounts of money this means that the government money for legal cases is limited.
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what are the own resources for private funding of cases?
anyone who can afford it can pay for a solicitor or barrister to deal with a legal matter. the average cost of a solicitor is about £150 an hour for the big London firms the charges are usually £600 an hour and can be as much as £1,000 an hour.Consul
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what is another way of private funding of cases?
insurance. best most insurance policies offer a cover for help with legal fees for road accidents. there are also policies purely for insurance against legal cost.these can be before the event. more common is after the event Insurance where someone
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what is another private funding of cases?
conditional fee agreements. it is difficult to estimate how long it will last or how much it will cost. if a person is funding their own case there is a major problem for them if they lose their case then they may have to pay the cost of the other pa
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what is the success fee?
the success he could be up to 100% of the normal fee however most agreements will include a cab on the successfully which prevents it from being more than 25% of the damages.
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are conditional fees working?
one area in which they have been useful for claimants has been in defamation cases.
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what is another advice agency?
Citizens Advice Bureaux. this was first set up in 1939. they give general advice free to anyone on a variety of issues mostly connected to social welfare problems and debt. they can provide information on which local solicitors do legal Aid work or
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what are the main areas that the Citizens Advice Bureau can help?
entitlement to benefits, debt problems, consumer issues, housing issues, employment issues.
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what are law centres?
these are free non means-tested legal service to people in their area the first law centre opened in North Kensington. the aim is to provide a first-class solicitors services to the people.
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what is the funding of Law centres?
cuts by local authorities in their budgets have meant the withdrawal from law centres. some centres have received funds from the National Lottery.
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what are trade unions?
they usually offer their members free legal advice for all work-related problems. also personal injury cases.
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what is the evaluation of advice agencies?
the most useful agency is CABx. it generally only deals with limited areas of Law but those areas are ones which affect the most vulnerable people. they can also refer people to solicitors. law centres also give advice on issues that affect the most
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Other cards in this set

Card 2


what is the earliest scheme for access to justice?


Citizens advice bureaux 1938.

Card 3


what was set up in the 2000's and what for?


Preview of the front of card 3

Card 4


what was set up in 2012 after the legal service commission was abolished? and what does it do?


Preview of the front of card 4

Card 5


what are government funded help lines?


Preview of the front of card 5
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