CIVIL LAW

1. Magistrates Courts - lay magistrates (Justice of Peace). Not lawyers.

CASES: adoptions, matrimonial procedures (małżeńskie).

2. Country courts - circuit judges (lawyers - with legal qualifications). They cannot be promoted.

CASES: wills (inheritance of property), mortgage (hipteka), bankruptcy, discrimination (sex, racial), more complicated divorces.

3. The High Court of Justice - judges (Mr Justice). They cannot be dismissed.

1. Chancery Division - not individual. Company laws, bankruptcy, interpretations of will, administration of estates (properties)

2. Queen's Bench division - maritime law (ships), company law, commercial law (trade).

3. Family Division - wills, divorces, adoptions, guardianship (kuratela, opieka prawna nad dzieckiem). Most things finish here, but…:

4. Court of Appeal (civil division) - judges (Mr Justice). They have to be experienced barristers, cannot be dismissed.

Very very rarely…:

5. The Supreme Court - judges (Justice) - extremely complicated or very important cases.

RESPONSIBILITY FOR THE ADMINISTRATION OF JUSTICE

1. Lord Chancellor

• Appoints judges for all types of courts

• Deals with law procedure and administration of courts

• In the past: head of judiciary system, now this function belongs to:

2. Lord Chief Justice

• Head of judiciary system

• Most important person in Court of Appeal

• He presides over Court of Appeal

3. Home Secretary [MSW]

• Internal things: police forces, prisons

4. Prime Minister

• Officially: appoints judges

5. The Attorney General

6. The Solicitor General

• Both represents crown in courts (either prosecute or defend)

• “Crown against Mr …”

• “Mr .. against crown” - if we charge for example institutions

JUDGES

1. Lay magistrates - no legal training

2. Circuit judges - barristers appointed by Lord Chancellor

3. They don't engage in politics (court should be impartial - obiektywny, bezstronny)

4. Only judges of inferior (1^st and 2^nd instation) can be removed

LEGAL PROFESSION

1. BARRISTER - quite important

1. Can be a judge, but have to study law in Inn of Court - 4 years. Education is not enough, then they have to pass an exam: Bar Exam.

2. If somebody passes an exam theoretically he can work on their own. But usually young person joins experienced barristers in chamber of barrister (so their work is supervised). After that they can open their own chamber of barrister and teach another young lawyers.

3. Barristers represent people in court. In the past only barristers could appear in court (now it is changed).

2. SOLICITOR

1. Traditionally: prepares documents (wills, divorce papers etc.)

2. Since end of 90s solicitor can go to court and represent client.

3. They don't need to study law (no need to study at all)

4. Firm of Solicitors - you work there and learn and then you pass exam prepared by Law Society

If somebody needs legal advice, they go to a Solicitor (he may say that this case should go to the court and usually finds barrister for client - in low instances he can even go himself. Solicitor very rarely goes to court (but he can do it according to law).

KULTURA - WYKŁAD - 29.11.2011

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