Chapter 1 Key Points

Question 1

What does public law include

Answer 1

constitutional law
administrative law
criminal law

Question 2

what does private law include

Answer 2

law of contract
law of torts
law of trusts
law of property
law of succession
family law

Question 3

what are the main sources of new law

Answer 3

legislation
judicial precedent (case law)
local custom
legal books
treaties

Question 4

what is legislation

Answer 4

law created by Parliament
includes statutes, statutory instruments and other forms of delegated legislation

Question 5

what are the rules to assist in the interpretation of statutes

Answer 5

interpretation act
the literal rule
the golden rule
the mischief rule

Question 6

what is a precedent

Answer 6

a decision in a previous legal case where the facts were similar to the case before the court

Question 7

what is the ratio decidendi of a case

Answer 7

based upon the material facts of the case, the decision of the judge and the reasons for the decision

Question 8

what is binding precedent

Answer 8

the judge is obliged to follow the ratio decidendi of previous similar cases from courts higher than their own or in some cases of equal standing

Question 9

what determines whether a precedent is binding or not

Answer 9

the level of the court in which the decision was made, the court hierarchy determines which courts decisions are binding on other courts

Question 10

what was the ECA 1972 repealed by

Answer 10

European Union (Withdrawal) Act 2018 (‘EUWA’)

Question 11

what is the retained EU law a part of

Answer 11

UK domestic law, but the UK may amend these rules

Question 12

What do pre-action protocols list

Answer 12

actions that both parties to a dispute are required to take before legal action is started

Question 13

what happens if a case is not settled during the protocol period

Answer 13

it may be issued at court

Question 14

what is the small claims track

Answer 14

for cases under £10k or for personal injury claims with a general damages element of less than £1.5k or housing disrepair of less than £1k

Question 15

what is the fast claims track

Answer 15

for cases not over £25k

Question 16

what is the multi claims track

Answer 16

for cases over £25k or more complex cases

Question 17

what is a part 36 offer/payment

Answer 17

an attempt to force the other party into a compromise
may be cost consequences if it is not accepted

Question 18

what are the two general categories that the law divides persons into

Answer 18

natural persons
juristic persons (corporations)

Question 19

which persons do special rules apply to

Answer 19

minors
persons lacking mental capacity
bankrupts

Question 20

what are the two types of corporation

Answer 20

corporations sole
corporations aggregate

Question 21

what are corporations sole

Answer 21

a legal person representing an official position which will be occupied by a series of different people (e.g. the monarch)

Question 22

what are corporations aggregate

Answer 22

a legal person consisting of a number of people

Question 23

how may corporations aggregate be created

Answer 23

by royal charter, private act of parliament or by registration under the companies acts

Question 24

what are unincorporated associations

Answer 24

groups of people who have not been incorporated in the same way as corporations
they range in size and importance

Question 25

what is the literal rule

Answer 25

takes precedence over the others
ordinary rules of grammar, punctuation and word meanings should be applied, the courts will not try to establish whether this represents what parliament intended when the legislation was passed

Question 26

what is the golden rule

Answer 26

where the meaning of a statute would lead to an absurd result and there is an alternative interpretation which avoids the absurdity, the courts are entitled to choose the latter meaning and to assume that parliament did not intend the absurdity

Question 27

what is the mischief rule

Answer 27

the judge will consider the meaning of the words in an act and choose the interpretation which makes the act effective in suppressing the mischief

Question 28

what is the noscitur a sociis rule

Answer 28

a general principle that a word must be determined by its context

Question 29

what is the ejusdem generis rule

Answer 29

the meaning of any general term depends upon any specific words which precede it

Question 30

what are statutory instruments

Answer 30

regulations and orders made by ministers