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HELP WITH FINANCE

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Getting the answer to any of your financial queries and fulfilling your daily needs is now easier than ever before. You can use guides which provide tips, information and guidance on topics such as opening a company, trading on the internet and keeping your company afloat.

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Joe Lin 20/09/2011

 LAW Research on delegated legislation

 By Joe Lin

Delegated Legislation

The term ‘delegated legislation’ means the devolution of legislative power to be given to an external organization or authority beyond the parliament. The legislative power can be given to any of the following parties; pressure groups (lobbyists and unions), professionals (BMA) or on the occasion to local council or organisations groups.

The use of delegated legislation has its advantages and disadvantages. Delegated legislation is a form of catalyst, which speeds the legislative process up. This is due to the fact that it does not have to follow the cycle of proof reading from two chambers and the procedure of sending bills and amendments back and forth, it is usually within one party with the concerning agenda. The fastest time a delegated power has passed a law was in less than 2 hours; this feat is just not possible in the parliament. Therefore arguably the delegation of power is very commendable, added to the fact that parliament can still refer to it and disapprove it if they wish in order to control the misuse of power and the term for this is ‘ultra vires’¹. To also touch on the time advantage, by having this delegated procedure, it also free up a staggering amount of time for parliament to draw up the more pressing issues into law. Adding to the fact that some laws may be in the pipeline for a long time as it uses the system of ‘scheduling’ which delegated legislation can be used which can almost be regarded as volunteering which helps the parliament get minuscule or ‘technical’ laws out of the way.’

Another great point of having a delegated legislation is the fact that the laws that are passed through this particular way is that it is most likely delegated to the party who are the most knowledgeable surrounding the given agenda whereas parliament uses their basic knowledge that may have been gathered from simple consultation session with professionals, which is naturally not enough to implement any form of sensitive law changes. Even with the local MP ‘surgery’, they cannot possible know the best remedy for their constituents, it is by far the best idea to leave the power to them to agree upon a law that directly affects and benefits them the most.

Looking at the downside of using these delegated powers, it is often regarded that this is undemocratic. This is mainly due to it being an unelected body. If the body is not elected, it is also questionable whether the laws made through this process are accountable if the law turned out unfavourable. There are already a surrounding issue and debate over the accountability of the House of Lords due to it being the only unelected house, whether to abolish the second chamber altogether.

Also, most of the time when parliament would seek delegation would often be by bulk and therefore most of these are rubber-stamped by the parliament. This closely links to the factor that if most of these laws are past in bulk, it is very likely that not all of the laws are made public or attract enough attention not in correlation to its significance.

Referring back to one of delegated legislation’s advantage, which was that if, the parliament or the court disagrees with legislation, proposed by the delegated power using the principle of ultra vires or otherwise. It can also be overturned by the enabling act that gives them sovereignty over the attempt of the issue of void to the respective legislation proposed.

Therefore in conclusion to whether ‘delegated legislation’ can be considered as an appropriate way to pass laws, from the arguments gathered above the pros seems to outweighs the cons. As long as these delegated legislations are controlled by the court and the parliament sufficiently, there are not really much surrounding issue regarding devolution of power to groups of party who has the professionalism and knowledge to the agenda at hand more than members of parliament in many cases. Democracy should not be too much of an issue as many of the powerful figures are actually not elected, House of Lord is one example and judges are another. The use of delegated power can be further improved by making new laws more public otherwise saving parliament time and letting it be used for more important legislation is by far better.

Analyze and evaluate the work of solicitors, barristers and judges

by Free Legal Essay by Joe Lin

The role of a solicitor mainly revolves around paperwork; they are also in theory not as prestigious as say barrister or judges. This mainly derives from the fact that it takes more years to become a barrister and also class in regards of education (e.g. private schooling), also adding to the exclusivity of Inns of Court which further separates the two legal professions. However, in recent years the role of solicitor has become more intertwined with the role of barristers in the sense that it is no longer true that solicitor is paperwork based and would actually balance between the equilibrium of attending court hearings and paperwork.

However in their similarities as opposed to judges are that they require in their field the same amount of legal knowledge and exercise them in the same way and put forward them as a structured argument.

Similarly, to barrister to judges in regards to cases that comes to them. Usually they cannot reject them, also barristers and judges cannot meet directly (prior to the hearings) the client. This may affect the level of the professionalism to the judges and the barristers as there may be a degree to leniency towards the client or the defendant (e.g. on grounds of religion or ideology). Solicitor has more or less freedom to choose which cases they wish to stand for, this is great because the solicitor may stand for only certain cases because of the level of understanding and confidence in those particular cases and may excel however the con of this freedom is the fact that some cases may be discriminated against and not taken.

Access Law set work by Joe Lin

What is the magistrate and where do you find one?

Magistrate is a type of judge (often referred to as Justices of the Peace) but operates in a court that usually deals with minor offence or case.

What is the selection criteria and how are they trained?

Magistrates are volunteered based; they usually sit in a panel of three magistrate judges. They are not technically trained but they are advised by legally qualified clerks.

How much are they paid and what hours do they have to work?

Since they are volunteered based judges, they are not paid. However they have the ability to claim reimbursements such as travel cost, food cost and any other appropriate costing (e.g. petrol and parking). They usually work only around one or two days a week. Despite that, they would need to sit in 26 sessions per year (employers are expected to pardon their employees when they are subject to work as a magistrate).

Are there any people who can’t become magistrate? Why is this?

As long as you are considered at the age of ‘competence’ (i.e. at the age of 18) and that you are not working in any professions that may affect your level of impartiality in any way such as government positions, police officers or military officials. Otherwise, most ‘walk of life’ are eligible to become a magistrate.

ACCESS TO LAW

ASSIGNMENT

Tutor Unit: Applications: Courses and Careers

Unit Title: UCAS application

Joe Lin

Task 1

Produce a written analysis of your own skills, knowledge, experiences and personal qualities. Describe how these attributes are relevant to your chosen course. Indicate areas of new learning and challenges.

The skill I value the most and also that I possess is critical thinking I often use, not taking too much information on face value. I like to compare, investigate and evaluate that source; this is mainly because there are simply too many authors and ‘professionals’ out there and not necessarily all correct or ‘unbiased’. This skill definitely goes hand in hand with the subject of law or any other academic subjects for that matter, as academic subjects usually requires the ability to use valuable sources (e.g. case laws, statute laws etc.) and use it as an argument. Arguments only win if your sources are ‘investigated’ thoroughly (by looking at the authorship’s amount of study into the area, his/her possible leniency and all sorts. This would simply be too hard to even comprehend for those who do not have this.

Now going onto knowledge, different yet similar, I have studied in depth two years of government and politics and thoroughly enjoying the entire course along with its ‘sister’ subject history. I definitely feel knowing government and politics gives a huge insight and foundation on how laws operate. Many terms used in class already were already learnt during my two years of study (such as delegated legislation and legislative process etc.) are already terms I am quite familiar with, along with many of the procedures. I feel that my bank of knowledge in that area has helped me understand the context of law quite smoothly, a complex subject like law but because of the knowledge I have already gained allows me overcome the said difficulties whereas many others may find it like learning an alien language.

Primary goal for studying law is to fundamentally be able to perform conveyancing at a well-qualified standard. Up until a few years ago, qualified solicitors only carried out conveyancing whereas now anyone can qualify to be a conveyancer without going into the degree of law itself. However, with a lack of a better comparison it is like asking a lumberjack to do your accounting (meaning it is hard to settle for anything other than the real deal). With the high standard of solicitors when taking on apprentices, I went for the next best thing which was with estate agents. Since they most deal with properties on a daily basis. I was able to work voluntarily five days a week and eight hours per day for a whole three months at CCP group (organization that runs travel agency, estate agency and train to gain colleges); I was able to accumulate a huge deal of knowledge of roughly how conveyancing works. I would very much like to study that more in depth when I reach university.

I am very enthusiastic with what I set my mind to study, it can be seen as being a ‘perfectionist’ which can often be seen as a flaw and a great personal quality at the same time.

In terms of what I would constitute as an area of new learning and new challenges to be when I reach university, living skill is definitely one of the defined area of difficulty and a brand new area of learning. This would range from basic living skill from understanding the challenge of using a washing machine (to understand the use of temperature for different fabrics to cooking for me that is healthy and varies each week to have a balanced diet).

Task 2

Produce a comprehensive action plan for your UCAS application process. This must be based on your research into progression opportunities and include a realistic timetable for all stages and tasks of the process.

 

Action	What the action entails	Start and finish date
Register onto UCAS	To have an account set up with the basic details and registration information process set in motion.	Started: 13/09/2011 Finished: 13/09/2011
Planning the personal statement	Plan out key points of the personal statements.	Started: 20/09/2011 Finished: 24/09/2011
Open days*	Find out some open days and go there on the day.	Started: Finished:
Write the actual personal statement	Using the planned personal statement, condense all the key attributes from them and making them into something more easier to read and understand.	Started: 25/09/2011 Finished: 25/09/2011

 

* Middlesex University open day 26th November University of Kent open day 8th October University of Hertfordshire (Law) open day 13th November

My Action Plan

 

 

Completely fill in the UCAS form	At this stage, what needs to be done is simply filling out the secondary details. This includes filling out and choosing five of my designated university.	Started: 13/09/2011 Finished: 27/09/2011
Send off UCAS application	By submitting the form to UCAS in order to be considered by university.	Started: Finish:
Finalise the personal statement	Check the personal statement with tutor or peers to make sure that it is appropriate to be put into the UCAS form.	Started: Finished:
Research on universities	This process is to find out the suitability of the university in relation to needs and requirements. Also to ensure that the entry specification is more feasible to attain.	Started: 26/09/2011 Finished 27/09/2011
Student Finance	To contact student finance, find out eligibility and apply to be able to be funded for next year.	Started: 20/09/201 Finished: 20/09/2011
Choose which university	When the offers comes I can start deciding which university I will choose as my firm and which I would choose as my insurance at which point I should have got an idea of my grades.	Started: Finished:

 

 

Task 3

Analyse appropriate progression routes towards your future ambition and summarise entry requirements and person specifications.

Middlesex University

Comments/Reviews

Note:

• Close to underground.

• Close to home.

• There is a public library next to the university.

• Plenty of shops nearby.

• Bus stop in front of the university.

This university has great appeal to me; this is because the location of the university between my current abode is just a short walking distance. The university may not have great appeal in terms of being a big or a prestigious university and its teaching standard is sought to be average but I would regard this university as an insurance quite certainly because its expectation are very realistic, it asks for passes for all modules and assignments. I also value this university because this university would definitely save a lot of money, which would cover most of the expenses and that is quite attractive to me especially when the tuition fees are on the rise. Since it is very close to me, I have visited the university many times, it is fully equipped and describing it loosely, the university interior feels very ‘classy’ and ‘sophisticated’. Even not have met any lecturers from there, I have a feeling I would have a great time studying there.

University of Kent

Comments/Reviews

Note:

• University is very big.

• It is quite close to shops and the main street although it takes about 3 minutes walking distance.

• There is a hospital next to the university.

• Plenty of bus routes around the vicinity of the university.

University of Kent would be my firm if I was turned down by Warwick because it’s a great university which is almost on the same wavelength as Warwick and is asking for similar entry specifications (45 points at level 3 at distinctions). It is prestigious and has above average job prospect.

University of East London

Comments/Reviews

Note:

• It has plenty of buses all around the university.

• It is next to the Thames.

• It has a DLR station right outside the university.

• Close to London City Airport.

• It has no underground within its vicinity.

University of East London is not that appealing to me, it has a very nice appearance but the destination is renowned to be out of the way and ‘inconsistent’ in terms of when using public transport such as bus would cause a variable journey time and the only good way of transport is through the DLR. However, they do have a very good funding with state of the art equipment and very good teachers. It is apparent that the students in University of East London are distracted and disruptive according to reviews on various university guide websites which may be the cause of why they are low on the leader board.

Brunel University

Comments/Reviews

Note:

• There is a shopping centre but it’s about 5 minutes walking distance.

• It also has an underground but also at about 5 minutes walking distance.

• Have great reviews of the courses and teachers.

This university would not be my main goal or even as part of my five choices. This is because of two of the following reasons; their expectation is way out of line and they are renowned to be callous to candidates studying an ‘Access Course’ as they do not view it highly. They are expecting every modules and assignment to be at the level of distinction which is the highest possible grade, even though it is not impossible but this links to my second reasoning which is they are not that good in regards of student’s opinion and even the university leader board. As can be seen above, the student opinion itself counting every aspect of standard of teaching and the facilities the ‘overall rating’ which is 7.5 is competing with a university which has low expectation of students which has 7.4 as an ‘overall rating’. In terms of the university’s leader board published by the papers, their ranks are miles apart.

Even when comparing Brunel with a university that is more prestigious such as Warwick who is only expecting 45 points achieved at distinction in level 3. This does not make Brunel sound appealing at all, in addition to that the papers rating on the universities suggests that Brunel are getting worse whilst university of Warwick are said to improve next year.

University of Hertfordshire

Note:

• This university has a big shopping mall near its vicinity called the galleria.

• It also has a train station that it relatively nearby.

• There is a wide range of buses going through this area and around the area.

I quite like this university, I have been to it on their open day already and the area is so pleasant to be. The lecturers are very inspirational, it would be great to study there with the only hindrance is that I would definitely have to live on campus or in that general area.

Task 4

Produce a personal statement in support of your UCAS application.

Passion, confidence and commitments are the core attributes to study law at university and I know I possess all three, alongside with the ability to adapt and self-management. I am also very enthusiastic with its relevant academic subjects such as government and politics and history. My interest in law and the legal profession stems from hearing a case where a person was unjustly sued by the burglar who injured themselves when breaking in. I would like to negate this in anywhere I can and apply the law to create a carefree and just society.

The legal education in university has always in my opinion, been the most prestigious if not exclusive which is why I aim to excel to study this subject and excel to the best of my ability.

I am very proud to also say that I am also very responsible if not dedicated; I can display this by my effort at Sixth Form, where I was a librarian assistant and mentor to the new students coming into the school. I am not a leader type because in my view, all roles are equally important. I often use a comparable expression of gears inside the watch, it does not matter about the size of them but how they rely on each other, and one missing gear and the watch would simply not work anymore. If I had to give an example of a flaw, the first one that I can think of would be that I feel that I am a ‘perfectionist’. I often like to improve and work myself at length and even though when it seems like I hit a wall in psychological terms.

I am really fascinated in the line of property law; which I can show this when I spent three months volunteering in an estate agent at CCP in Brent Cross which I gained first experience of seeing professional estate agents doing some conveyancing. They would be in charge of reading between the lines of legality whether the buyer has the prerogative to sell the house later on or take out a mortgage, write written binding contracts and even negotiate with the seller with some of the terms. I have learned a lot from this and where to spot the abnormality.

I also like to include my participation to many extracurricular activities I like to involve myself in. Every summer holiday, I partake the activities that Camden has to offer. I take great pride in the qualification and skill I received from it, such as a qualification to be a basketball coach NVQ level 1. From the process, I have also learned other skills such as to preserve wildlife, rowing canoes to even designing a leather box or bag.

In my spare time, I enjoy the occasional television program, reading books and even political discussion with my friends.

Task 5

Analyse which questions are most likely to be asked at interview. Assess own answers to these questions.

1. If you had to pick a certain branch of law, which would you choose and why?

• I would definitely pick property law; I have great interest in that area as my parents was part-time developer. However, it can be horrendous when the conveyancer is not experienced and does not apply extensive legal knowledge. It is always better to trust yourself than someone else.

Analysing: This question is very popular with the interviewer and is a question that needs to be rehearsed. This is due to the fact that this question often indicates the level of determination of the candidate whether they have thought through the process of picking the course and eliminate those who are irrational who chose the course on the basis of high prospect in terms of salary.

Assessing: I feel that the answer is weak due to the fact that property development is rather irrelevant to the legal profession and in my first initial answer it was not properly linked. I could have changed the wording to something like “I would like to apply property law I learn at university to a career of property developing”.

2. How would you make yourself stand out from other students who are also applying for this undergraduate course?

• I know that I can perform well when I am passionate with a subject. I became passionate with history which I jumped my average grade from D-E to an A and A+ in the space of two months. With my ability and the fact that I really like law, meaning I can have a jump start from the beginning.

Analysing: This question is not common but it can stumble many candidates into hesitating and making the said candidate to “lose the plot” so to speak. It is a question used to distinguish whether the candidate is of a high calibre, it would create a very good impression if the question was answered to the point of appeal to the interviewer.

Assessing: My answer is really wrong; I should not have mentioned getting initial grades of D and E. I could have simply said ‘unlike other students, I can excel easily as I have proven with my history GCSE’.

3. Why are you choosing this university and why?

• I really like the local aspect of the university in regards of where it is situated, also reading reviews on the university guide suggests to me that this university cares about its students. I have also heard that the university has a very high standard of teaching which has brought me here today.

Analysing: This question is possibly the most asked question during an interview by any university even though the answer almost always compliment the university. The answer for this question is still very important in areas such as which aspect of the university the candidate value most. Sometimes, this is asked by university with a fairly low standard but answering this question as best as possible is still essential.

Assessing: It may sound a bit phoney since this is a general answer for all university so it may be a good idea to sound as genuine as possible during the actual interview.

4. It says here on your personal statement that you were a library assistant, what attribute or skills can you use from that for your learning in our university?

• I have proven to be very responsible in my role as a library assistant to be able to control and spot a library of the people who carry out misdemeanours such as fights and loud activities or even simply running around. It sometimes bring forth the skill of having to be assertive to some of them, as most of them at a rather young age can be quite unreasonable and violent at times. It also of course, shows that I can commit, I have never been away or avoid my duty while I was a library assistant.