11. Consolidation Flashcards
What is the court structure in England and Wales?
Superior courts (Supreme Court, Court of Appeal, High Court, Crown Court) and inferior courts (County Court, Magistrates’ Courts, Family Court).
What is the difference between superior courts and inferior courts?
Superior courts have unlimited jurisdiction, inferior courts have limited jurisdiction.
What is the difference between trial courts and appellate courts?
Trial courts hear cases at first instance, appellate courts hear appeals.
What is the doctrine of precedent?
Principles of law established in earlier cases are binding in later similar cases.
What makes a precedent binding?
It must be a ratio decidendi (central legal reasoning) from a binding court, with no relevant factual distinctions between cases.
Which courts are binding?
Supreme Court binds all below, Court of Appeal binds all below it, etc.
Do lower courts bind themselves?
No, lower courts do not bind themselves.
What is the structure of an Act of Parliament?
Long title, enacting formula, sections, and schedules.
What are the key methods of statutory interpretation?
Literal, golden, mischief, and purposive rules.
What are used when the meaning is unclear in statutory interpretation?
Presumptions and aids to interpretation.
What are the superior courts in the civil court structure?
County Court, High Court, Court of Appeal, and Supreme Court.
What are the superior courts in the criminal court structure?
Magistrates’ Courts, Crown Court, Court of Appeal, and Supreme Court.
What is the literal rule in statutory interpretation?
The words of the statute are given their plain, ordinary meaning.
What is the golden rule in statutory interpretation?
The words of the statute are given their ordinary meaning, but if it leads to an absurd result, an alternative meaning may be used.
What is the mischief rule in statutory interpretation?
The court looks at the gap in the law that the statute was intended to remedy and interprets it accordingly.
What is the purposive rule in statutory interpretation?
The court looks at the purpose or intention behind the statute and interprets it accordingly.
What are the presumptions used in statutory interpretation?
Presumption against retrospectivity, presumption against ousting jurisdiction, presumption in favor of human rights.
What are the aids to interpretation used in statutory interpretation?
Intrinsic aids (preambles, headings, schedules) and extrinsic aids (legislative history, dictionaries).
What are the standard features of Acts?
Long title, enacting formula, sections, schedules.
What does the long title of an Act do?
Summarizes the purposes of the Act.
What does the enacting formula of an Act do?
Confirms the Act has passed all legislative stages.
What do sections in an Act contain?
Substantive provisions of law.
What are marginal notes in an Act?
Short descriptions beside each section.
What do interpretation sections in an Act do?
Define terms used in the Act.
What do commencement sections in an Act state?
When different parts of the Act come into force.
What do extent sections in an Act define?
The territorial reach of the Act.
What do schedules in an Act contain?
Supplementary material like amendments to other Acts.
How are sections in an Act identified?
By a short title and a chapter number.
What are the stages an Act goes through before becoming law?
Drafting of Bill, first reading, second reading, committee stage, report stage, third reading in each House of Parliament, then Royal Assent.
How can Acts be amended?
By later primary legislation or by secondary legislation enabled by the original Act.
What is the difference between repeal and revocation of an Act?
Repeal is done by another Act and ceases the legal effect, while revocation is done by secondary legislation or an Act of Parliament.
What are the key methods of statutory interpretation?
Literal, golden, mischief, and purposive rules.
What does the literal rule focus on?
Plain, ordinary meaning of words.
What does the golden rule allow?
Deviation from literal meaning to avoid absurd results.
What is the narrow golden rule?
Choosing an alternative meaning if a word has multiple meanings and one would lead to an absurdity.
What is the wide golden rule?
Depart from the literal meaning if it goes against public policy.
What is the mischief rule?
Interpret the statute to suppress the defect it aims to remedy.
What is the purposive approach?
Interpret the statute in a way that best achieves its purpose.
What are presumptions in interpretation?
Aids used when meaning is unclear, including against changing common law, retrospective operation, and interference with rights.
What are aids to interpretation?
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.
