8th April Flashcards
A statute made it an offence ‘to impersonate any person entitled to vote.’ An individual impersonated another person to use their vote, and was taken to court under the relevant statute. However, the person that the individual was impersonating was on the electoral register but had died before the election.
Applying the literal rule of statutory interpretation, what would be the likely judgement in this case?
The individual would be found innocent because a dead person is not entitled to vote.(D) Under the literal rule, the individual could not be convicted of an offence of impersonation as ‘any person entitled to vote’ would be interpreted literally and cannot include dead people, even though this cannot have been the intention of Parliament when the statute was written. Despite this, on a literal interpretation, the judge would be required to follow the literal words of the statute. (A) is incorrect because using the literal approach, the court will not try to discern the intent of Parliament. Such a consideration may be used whilst using the Mischief Rule or Golden Rule approaches. (B) is incorrect, as the literal rule would require the language in the Act to be considered and interpreted literally which would lead to an acquittal. Impersonation is just one requirement; the other is that the person being impersonated be entitled to vote. (C) is incorrect because reaching an absurd result would dictate the use of the Golden Rule approach, not the Literal Approach. (E) is incorrect because the intent of the legislature is not considered when using the Literal Rule.QUESTION ID: ELS025
Question
An Act of Parliament prohibited betting in a ‘house, office, room, or other place’. A case came before the court to determine whether an outside parade ring at a racecourse constituted an ‘other place’ for the purposes of the Act. The court held that the general phrase ‘other place’ was preceded by specific words that created a class of indoor places, and therefore betting in the outdoor ring would not fall foul of the Act.
Which rule of statutory interpretation would the court have used to come to this conclusion?
Ejusdem generis.(A) The ejusdem generis rule of language means that if a general word follows two or more specific words, the general word will apply only to items that are like the specific words used. So in the example, the specific words created a class of indoor places, and the parade ring was outside, so it would not fall into the same class. (B) is incorrect because the golden rule of statutory interpretation allows the court to use something other than a word’s ordinary meaning to avoid the absurdity that applying the literal rule might create. (C) is incorrect because the in pari materia rule of language means ‘upon the same matter or subject’ and applies where other statutes may assist with interpreting an ambiguity in the statute in question. (D) is incorrect because the mischief rule allows the court to look at the ‘mischief’ that Parliament was trying to remedy when it brought in a particular statute in a way that would best achieve this result, that is, to interpret legislation in line with Parliament’s intention. (E) is incorrect because the Noscitur a sociis rule of language means that in interpreting a word, the court will take into account the context in which it is used, thereby using words in the same section of the statute to interpret the word in dispute.QUESTION ID: ELS032
A solicitor is advising their client who is a respondent in divorce proceedings. The proceeding is quite complex as it involves many assets in different jurisdictions as well as a potential child abduction.
What type of Judge is likely to hear this matter?
A High Court Judge.(B) is correct, as complex matters like this go to the Family Division at the High Court where a High Court Judge sits. (A) is incorrect, as complex family matters and ones that involve child abduction end up in the Family Division, a District Judge wouldn’t sit at the High Court. (C) is incorrect, as complex family matters and ones that involve child abduction end up in the Family Division, a Deputy District Judge wouldn’t sit at the High Court. (D) is incorrect as complex family matters and ones that involve child abduction end up in the Family Division, a Recorder wouldn’t sit at the High Court. (E) is incorrect as (B) is the correct answer.QUESTION ID: ELS070
Question
A judge is delivering judgement. In doing so, the judge states “words must be given their plain, ordinary meaning unless to do so would produce an absurd result”.
What term best describes the judge’s statement?
The golden rule.(B) The golden rule is a modification of the literal rule and provides that words must be given their plain, ordinary meaning unless to do so would produce an absurd result. (A) is incorrect, as under the literal rule, words are given their natural ordinary meaning regardless of whether the result is absurd. (C) is incorrect as the mischief rule interprets an Act of Parliament by considering the problem Parliament was seeking to remedy when it passed the law now being reviewed by the court. (D) is incorrect as under the purposive approach, the court considers the purpose of the legislation before interpreting its words. (E) is incorrect as this is not a rule.QUESTION ID: ELS0
A woman fractured her leg when she fell off a rollercoaster at a well-known theme park. The theme park has admitted fault. The woman has submitted a claim for £9,000 for her fractured leg.
In what court would the claim most likely be heard?
Fast Track, as this is a personal injury claim for not more than £25,000.(E) Personal injury claims for more than £5,000 and up to £25,000 are allocated to the fast track unless they are too complex. Here, the claim is for £9,000, and as the theme park has admitted liability, the case is almost certainly not too complex for Fast Track. (A) is incorrect, as the Small Claims Track is used for personal injury cases only if the claim is for not more than £5,000. (B) is incorrect. Generally, a personal injury claim can be heard in High Court only if it is for more than £50,000 or too complex for the Multi-Track. As just explained, the case here does not meet these criteria. (C) and (D) are incorrect as a case will be allocated to Multi-Track only if it is too complex for Fast Track or over £25,000. QUESTION ID: ELS061
United Against Fracking, a pressure group, want to bring a legal challenge against the local authority for unlawfully awarding a contract to fracking company Peters & Co Fracking Plc.
In which court would the judicial review be first heard?
The King’s Bench Division.C) A subdivision of the King’s Bench Division - the Administrative Court - hears applications for judicial review against decisions made by the government on legal grounds. The Chancery Division (A) hears property disputes. The Commercial Court (B) hears private disputes over contracts involving large sums of money. The County Court (D) hears civil cases but not judicial review cases. The Family Division (E) hears familial disputes.QUESTION ID: ELS011
QUESTION ID: ELS011
An adult male decides to scare his friend by jumping out of the bushes near his house. When the man jumps out from the bushes, his friend is frightened, jumps into the road, and is hit by a car which breaks his arm.
In which courts and in what order could this case arrive?
The Crown court first (for criminal charges), and after that the case can go to the County Court (for civil proceedings).(B) The prosecution can bring criminal proceedings for the bodily harm suffered and the claimant can bring proceedings in negligence for the bodily harm suffered and potentially win damages. In such instances the civil case takes place once the criminal proceedings have concluded. (A), (D), and (E) are incorrect because the High Court and Supreme Court would not be the court of first instance for a personal injury case. (C) is incorrect as the process is the other way around.QUESTION ID: ELS040
Question
The Minister for Defence, a member of government, wishes to enter into a bilateral treaty with the United States for the safeguarding of British overseas territories.
Which UK institutions can exercise the prerogative power to enter a bilateral treaty?
The Executive alone.(C) The Executive has the authority to exercise the royal prerogative without authorisation from the Judiciary or Parliament. The Prime Minister has the power to make and ratify treaties alone. The other choices are incorrect because only the Executive has the prerogative power. (B) is also incorrect for the same reason, even though the treaty will be put to Parliament. QUESTION ID: ELS039
QUESTION ID: ELS039
