Chapter 1: Understanding the Law

Question 1

What are the broad functions of law?

Answer 1

• maintenance of public order and safety
• protection of individual rights and liberties
• organisation and control of political sphere
• regulation of economic activity
• preservation of a moral order
• regulation of international relations

Question 2

What are the four main institutional sources of law?

Answer 2

-Parliament, the courts, the European Union and the European Convention on Human Rights

Question 3

What are the three factors that make Parliament so significant as a source of law?

Answer 3

• statute law
• delegated/secondary legislation
• informal rules deriving from delegated powers

Question 4

Why are judges now able to challenge or overturn Parliamentary legislation?

Answer 4

• EU membership allows courts to ‘disapply’ an Act of Parliament that conflicts with EU law.
• under the Human Rights Act 1998 courts can issue statements of incompatibility.

Question 5

What other names are there for delegated legislation?

Answer 5

-statutory instruments or Regulations

Question 6

What is a ‘parent Act’?

Answer 6

-an Act that authorises the delegation of legislative power and sets the parameters within which it must be used.

Question 7

What does ‘ultra vires’ mean?

Answer 7

-‘beyond the powers’

Question 8

What are some examples of informal rules deriving from delegated powers?

Answer 8

-directions, guidances, circulars or codes of practice created by bodies with the power to make delegated legislation.

Question 9

What is the chief function of informal rules?

Answer 9

-to regulate and assist the ability of officials to make decisions in the absence of clear and binding legal standards.

Question 10

What three categories do most informal rules fall into?

Answer 10

-procedural rules, interpretative guides, instructions of officials.

Question 11

what are procedural rules (in the context of informal rules)?

Answer 11

-procedures for outsiders to follow, particularly in respect to government organisations. eg procedures for making a benefits claim.

Question 12

What are interpretative guides (in the context of informal rules)?

Answer 12

-official statements of departmental policy, standards, criteria etc which are made available to the public to inform them of their rights in terms of a specific body. eg guidance issued by the Inland Revenue to taxpayers

Question 13

What are instructions to officials (in the context of informal rules)?

Answer 13

-similar to interpretative guides but for officials rather than the general public.

Question 14

What two things do definitions of Common law distinguish between?

Answer 14

• statute law

- European-style civil law

Question 15

Could a civil crime ever be called an ‘offence’?

Answer 15

-no: that terminology is reserved for criminal law. Civil misdeeds are called ‘wrongs’

Question 16

What is the jurisdiction of the County court in civil law?

Answer 16

-majority of civil litigation, uncontested divorce, family courts

Question 17

What is the primary jurisdiction of the Magistrates courts in civil law?

Answer 17

-family proceedings court.

Question 18

Which two divisions of the High Court have the most significant commercial law jurisdictions?

Answer 18

-Queen’s Bench and Chancery

Question 19

What specialist commercial courts exist within the Chancery Division of the High Court?

Answer 19

• Bankruptcy and Companies Court

- Patents Court

Question 20

What specialist commercial courts exist within the Queen’s Bench Division of the High Court?

Answer 20

• Admiralty Court
• Commercial Court
• Technology and Construction Court

Question 21

What primary function do the Divisional Courts of the High Court perform?

Answer 21

They are the appellate courts

Question 22

What is the main function of the Administrative Court of the Queen’s Bench?

Answer 22

-it exercises the High Court’s ‘supervisory jurisdiction’ ie overseeing the quality and legality of lower courts and tribunals’ decisions. Occasionally hears criminal appeals ‘by way of case stated’.

Question 23

What is the difference in jurisdictions between the High Court and the County Courts?

Answer 23

-Deal with the same sort of issues but High Court just handles more complex/more valuable claims.

Question 24

What is the difference between substantive law and procedural law?

Answer 24

-Substantive law is the specific rules that govern behaviour; procedural law is the process by which a legal claim passes through the courts and by which it is tried.

Question 25

What are the three ‘tracks’ that could be taken by a potential civil case?

Answer 25

• small claims track
• fast track (simpler, lower value cases £10-15k, usually in the County Court)
• multi-track (everything too complex or valuable)

Question 26

What two forms of dispute resolution does ADR primarily refer to?

Answer 26

-mediation and early neutral evaluation