ALE - Week 1

1.1 Legal Professions in the United Kingdom

Main Professions

Solicitor

  • Direct client interaction

  • Preparatory role

  • Pleads only in lower courts

Solicitor Advocate

  • Solicitor who obtained the right to plead in higher courts

Barrister / Advocate (Scotland)

  • Instructed by a solicitor

  • Specialized in advocacy

  • Pleads in higher courts

Other Key Roles

King’s Counsel

  • Highly specialized senior barristers

  • Appointed by the Crown

Prosecutor / Procurator Fiscal (Scotland)

  • Crown Prosecution Service (CPS): about 20%

  • Self-employed barristers or solicitor advocates: about 80%

Judge / Sheriff / Senator of the College of Justice (Scotland)

Magistrate / Justice of the Peace (Scotland)

  • Volunteer position

  • No legal background required

Notary

  • Specialist lawyer

  • Authenticates documents

Paralegal

  • Supportive role assisting solicitors and barristers

1.2 Legal Professions in the United States

Main Professions

Attorney

  • Licensed lawyer

  • Admitted to the State Bar

Prosecutor

  • Operates at different levels: District, State, or Federal

  • District Attorney: chief legal officer in a jurisdiction

  • Attorney General: federal level

Judge

  • Appointed or elected at local levels

  • All federal judges appointed

  • Includes Supreme Court Justices

Magistrate

  • Federal magistrate judges

  • Appointed by District Court Judges

Notary Public

  • Government official authenticating signatures

  • Not a lawyer

1.3 Common Terminology Confusion

Lawyer

  • General term used worldwide

  • No specific meaning in the UK

  • In the US: person who completed law school but may not have passed the bar

Counsel

  • Person representing someone in court

  • In the US: attorney

  • In the UK: barrister or advocate

  • Not to be confused with “council” (an advisory body)

1.4 Training Requirements

Formal Education

  • United Kingdom: Bachelor of Laws (LLB)

    • Scotland adds a Diploma in Professional Legal Practice (DPLP)

  • United States: Four-year undergraduate degree plus Juris Doctor (JD)

    • Any undergraduate degree allows access to law school

Additional Requirements

  • England and Wales:

    • Solicitor: Solicitors Qualifying Exam (SQE) and Qualifying Work Experience (QWE)

    • Barrister: Bar training and pupillage

  • Scotland:

    • Solicitor: Two-year traineeship

    • Advocate: Period of “deviling”

  • United States:

    • State bar exam (each state separately)

    • Character and fitness review

    • Separate admissions for federal courts

1.5 Legal Systems

  • Belgium: Civil law – emphasis on codes and legislation

  • United Kingdom and United States: Common law – based on precedent, but also on statutes

  • Scotland: Mixed system combining civil and common law

1.6 Branches of the Law

Public Law

  • Governs relationships between individuals and the state, and between state institutions

  • Examples: constitutional law, administrative law, criminal law, human rights, taxation

Private Law

  • Governs relationships between individuals and organizations

  • Examples: contract, tort (England/Wales/US) or delict (Scotland/Belgium), property, family, succession, company, employment

Mixed or Trans-Systemic Law

  • Combines elements of public and private law

  • Combines elements of civil and common law

  • Examples: evidence, procedure, EU law, intellectual property, international law

1.7 Application Examples

  1. Cyclist injured by delivery van running a red light – Criminal / Tort

  2. Founder sells 40% of shares with a two-year non-compete clause – Company / Contract

  3. Municipality refuses environmental permit without justification – Administrative

  4. Divorcing couple disputes parental responsibility – Family

  5. Singer accuses rival of copying lyrics and melody – Intellectual Property / Contract

Part 2: UK–US Society – News Literacy

2.1 Trustworthiness Test

Source and Ownership

  • Who is writing?

  • Where do they get funding?

  • What is their mission?

  • Why are they writing this?

Evidence

  • Data and factual references

  • Named experts

  • Links to official documents or press releases

Corroboration

  • Who else confirms this?

  • Reported across different political perspectives?

Tone and Language

  • Neutral or emotional wording?

Date and Context

  • Is the information current?

  • Is the background context complete?

2.2 UK vs US Media Landscape

United Kingdom

  • Broadcast regulation by Ofcom – enforces due accuracy and impartiality

  • Print and online press: self-regulated via IPSO or IMPRESS (voluntary)

  • Dominated by three groups: DMG Media, News UK, Reach

United States

  • First Amendment ensures freedom of the press; no national press regulator

  • Key case: New York Times Co. v. Sullivan (1964) – established “actual malice” standard for libel

  • Regulation by FCC (Federal Communications Commission) – oversees communications, not editorial bias

2.3 Media Typologies

Tabloids

  • Focus on sensational topics

  • Subjective and informal

  • Use of puns and slang

Broadsheets (Quality Newspapers)

  • In-depth, serious coverage

  • Objective and formal tone

2.4 US Media Structure

  • Highly fragmented system:

    • Legacy papers: New York Times, Washington Post, Wall Street Journal

    • Non-profit public media: NPR, PBS

    • Polarized cable networks: Fox News, MSNBC

  • Growing “local news desert” (decline of local journalism)

  • Increasing reliance on social media for news