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Question 1

What are the four rules of interpretation?

Answer 1

Literal rule
Golden rule
Mischief rule
Purposive rule

Question 2

What will the court do under the literal rule?

Answer 2

Apply the words as written, as long as they have a clear meaning

Question 3

Under the literal rule, what meaning do words get when there is any ambiguity?

Answer 3

Their clear meaning, even if the result is absurd

Question 4

Under the literal rule, if the words are clear, must they still be applied as written even if the intention of the legislator was different?

Answer 4

Yes

Question 5

What is the purpose of the golden rule?

Answer 5

To smooth out the edges of absurd results of the literal rule, by using a different meaning of the word

Question 6

What will the court do under the mischief rule?

Answer 6

Look at the problem the statute was designed to remedy, and adapt the word of the statute to achieve this result

Question 7

What will the court do under the purposive rule?

Answer 7

Look at why the statute exists and what it hopes to achieve

Question 8

What are the latin four rules of language in interpretation?

Answer 8

Expressio unius est exclusio alterius
Noscitur a sociis
In pari materia
Ejusdem generis

Question 9

What is the translation of expressio unius est exclusio alterius and what is the effect of this rule of language?

Answer 9

Expression of one thing is the exclusion of another.

If one or more things of a class are expressly mentioned in a statute, things not mentioned are excluded.

Question 10

What is the effect of noscitur a sociis?

Answer 10

A word will be interpreted in the context of the other words in the section/statute

Question 11

What is the translation of in pari materia and what is the effect of this rule of language?

Answer 11

Upon the same matter/subject

Where there is another statute on the same subject as the one in question, that other statute can be looked to to resolve ambiguities.

Question 12

What is the translation of ejusdem generis and what is the effect of this rule of language?

Answer 12

Of the same type

If a general word follows two or more specific words, the general word will only apply to items that are like the specific words.

Question 13

Although similar, what is the difference between noscitur a sociis and ejusdem generis?

Answer 13

Noscitur a sociis concerns interpreting ambiguous words in the context of other words used in the section or statute generally.

Ejusdem generis concerns interpreting a general word (e.g. automobile) which follows specific words (e.g. car and van) in the context of those land-based vehicles and excluding e.g. planes or boats.

Question 14

What are the four rebuttable presumptions used when interpreting law?

Answer 14

Presumption:

Against allowing statutes to alter common law

Against removing the court’s jurisdiction

That ambiguity in a criminal case will fall in favour of the defendant, and

That statutes cannot be retrospectively applied

Question 15

What are the monetary limits for the small claims track?

Answer 15

Personal injury: £1,000
PI from road traffic accident: £5,000
Other: £10,000

Question 16

What are the monetary limits for the fast track?

Answer 16

Personal injury: £10,000
Other: £25,000

Question 17

What are the two criteria, either of which can be satisfied, for a case to be assigned to the multi-track?

Answer 17

Over £25,000 or

Too complex for fast track (even if under £25k)

Question 18

Under the literal rule, if the words are clear, must they still be applied as written even if the intention of the legislator was different?

Answer 18

Yes

Question 19

What are the monetary limits for when a multi-track case may also be started in the High Court, in addition to the County Court?

Answer 19

Personal injury: £50,000
Other: £100,000

Question 20

What is the maximum sentence for a single offence in the Magistrates’ Court?

Answer 20

12 months, since May 2022

(This has since been returned back to 6 months, but for purposes of July 2023 exam, it is 12)

Question 21

What is the maximum sentence for a multiple offences in the Magistrates’ Court?

Answer 21

12 months

Question 22

In what courts do solicitors have an automatic right of audience?

Answer 22

Lower courts, i.e. Magistrates’ Court, County Court, Family

Question 23

How is the right of audience to the higher courts, i.e. Crown Court, High Court, Court of Appeal, Supreme Court, gained?

Answer 23

Completing additional advocacy assessments and applying for higher rights of audience

Question 24

From whom is permission to appeal first sought?

Answer 24

The court that made the initial judgment

Question 25

If the court that made the judgment refuses to grant permission to appeal, what is an applicant’s other option at this stage?

Answer 25

Apply for permission from the court to which the case will be appealed

Question 26

What two criteria, of which either will be enough, are required for the court who will hear the appeal to grant permission?

Answer 26

Claim looks to have a real prospect of success, or

There is another pressing reason to hear the case

Question 27

In a criminal case, if a defendant has pleaded guilty, what cannot be appealed?

Answer 27

A
The verdict.

Only the sentence can be appealed where a defendant has pleaded guilty.

Question 28

In a criminal case in Magistrates Court, on what ground can either party apply to the High Court to hear an appeal?

Answer 28

On the ground that a Magistrate has incorrectly applied procedure, such as denying admissible evidence

Question 29

In a criminal case, on what ground can either party apply to the Administrative Court (division of the High Court) to hear an appeal?

Answer 29

If they feel that the process of the judgment was incorrect, and in being incorrect, the court acted ultra vires

Question 30

In a criminal case, who is the only party that can appeal to the Court of Appeal?

Answer 30

Only the convicted party

Question 31

When should an appeal to the Court of Appeal be made?

Answer 31

Within 28 days of sentencing, but an out of time appeal is possible

Question 32

What is the horizontal binding effect of decisions of the Court of Appeal in a civil context?

Answer 32

Civil decisions of the Court of Appeal are generally binding on future CoA cases

Question 33

What is the horizontal binding effect of decisions of the Court of Appeal in a criminal context?

Answer 33

In a criminal context, the CoA has discretion to depart from its own decision if it is convinced the decision is wrong and following it would cause hardship

Question 34

What determines the horizontal binding effect of decisions of the High Court?

Answer 34

Whether the High Court was acting as an appellate court or a court of first instance

Question 35

What is the horizontal binding effect of decisions of the High Court where it is acting as an appellate court?

Answer 35

Where the High Court was acting as an appellate court, decisions are binding in future High Court cases

Question 36

What is the horizontal binding effect of decisions of the High Court where it is acting as a court of first instance?

Answer 36

Where the High Court was acting as a court of first instance, decisions are not binding in future High Court cases