11. Consolidation

Question 1

What is the court structure in England and Wales?

Answer 1

Superior courts (Supreme Court, Court of Appeal, High Court, Crown Court) and inferior courts (County Court, Magistrates’ Courts, Family Court).

Question 2

What is the difference between superior courts and inferior courts?

Answer 2

Superior courts have unlimited jurisdiction, inferior courts have limited jurisdiction.

Question 3

What is the difference between trial courts and appellate courts?

Answer 3

Trial courts hear cases at first instance, appellate courts hear appeals.

Question 4

What is the doctrine of precedent?

Answer 4

Principles of law established in earlier cases are binding in later similar cases.

Question 5

What makes a precedent binding?

Answer 5

It must be a ratio decidendi (central legal reasoning) from a binding court, with no relevant factual distinctions between cases.

Question 6

Which courts are binding?

Answer 6

Supreme Court binds all below, Court of Appeal binds all below it, etc.

Question 7

Do lower courts bind themselves?

Answer 7

No, lower courts do not bind themselves.

Question 8

What is the structure of an Act of Parliament?

Answer 8

Long title, enacting formula, sections, and schedules.

Question 9

What are the key methods of statutory interpretation?

Answer 9

Literal, golden, mischief, and purposive rules.

Question 10

What are used when the meaning is unclear in statutory interpretation?

Answer 10

Presumptions and aids to interpretation.

Question 11

What are the superior courts in the civil court structure?

Answer 11

County Court, High Court, Court of Appeal, and Supreme Court.

Question 12

What are the superior courts in the criminal court structure?

Answer 12

Magistrates’ Courts, Crown Court, Court of Appeal, and Supreme Court.

Question 13

What is the literal rule in statutory interpretation?

Answer 13

The words of the statute are given their plain, ordinary meaning.

Question 14

What is the golden rule in statutory interpretation?

Answer 14

The words of the statute are given their ordinary meaning, but if it leads to an absurd result, an alternative meaning may be used.

Question 15

What is the mischief rule in statutory interpretation?

Answer 15

The court looks at the gap in the law that the statute was intended to remedy and interprets it accordingly.

Question 16

What is the purposive rule in statutory interpretation?

Answer 16

The court looks at the purpose or intention behind the statute and interprets it accordingly.

Question 17

What are the presumptions used in statutory interpretation?

Answer 17

Presumption against retrospectivity, presumption against ousting jurisdiction, presumption in favor of human rights.

Question 18

What are the aids to interpretation used in statutory interpretation?

Answer 18

Intrinsic aids (preambles, headings, schedules) and extrinsic aids (legislative history, dictionaries).

Question 19

What are the standard features of Acts?

Answer 19

Long title, enacting formula, sections, schedules.

Question 20

What does the long title of an Act do?

Answer 20

Summarizes the purposes of the Act.

Question 21

What does the enacting formula of an Act do?

Answer 21

Confirms the Act has passed all legislative stages.

Question 22

What do sections in an Act contain?

Answer 22

Substantive provisions of law.

Question 23

What are marginal notes in an Act?

Answer 23

Short descriptions beside each section.

Question 24

What do interpretation sections in an Act do?

Answer 24

Define terms used in the Act.

Question 25

What do commencement sections in an Act state?

Answer 25

When different parts of the Act come into force.

Question 26

What do extent sections in an Act define?

Answer 26

The territorial reach of the Act.

Question 27

What do schedules in an Act contain?

Answer 27

Supplementary material like amendments to other Acts.

Question 28

How are sections in an Act identified?

Answer 28

By a short title and a chapter number.

Question 29

What are the stages an Act goes through before becoming law?

Answer 29

Drafting of Bill, first reading, second reading, committee stage, report stage, third reading in each House of Parliament, then Royal Assent.

Question 30

How can Acts be amended?

Answer 30

By later primary legislation or by secondary legislation enabled by the original Act.

Question 31

What is the difference between repeal and revocation of an Act?

Answer 31

Repeal is done by another Act and ceases the legal effect, while revocation is done by secondary legislation or an Act of Parliament.

Question 32

What are the key methods of statutory interpretation?

Answer 32

Literal, golden, mischief, and purposive rules.

Question 33

What does the literal rule focus on?

Answer 33

Plain, ordinary meaning of words.

Question 34

What does the golden rule allow?

Answer 34

Deviation from literal meaning to avoid absurd results.

Question 35

What is the narrow golden rule?

Answer 35

Choosing an alternative meaning if a word has multiple meanings and one would lead to an absurdity.

Question 36

What is the wide golden rule?

Answer 36

Depart from the literal meaning if it goes against public policy.

Question 37

What is the mischief rule?

Answer 37

Interpret the statute to suppress the defect it aims to remedy.

Question 38

What is the purposive approach?

Answer 38

Interpret the statute in a way that best achieves its purpose.

Question 39

What are presumptions in interpretation?

Answer 39

Aids used when meaning is unclear, including against changing common law, retrospective operation, and interference with rights.

Question 40

What are aids to interpretation?

Answer 40

Methods used when meaning is unclear, including reading the statute as a whole, using interpretation sections, referring to related statutes, and consulting dictionaries, debates, and academic texts.