Common Law System of England and Wales

Question 1

Fill in the blanks:

The legal system of England and Wales is a ______ ___ _____. Decisions are made by referring to _______, ____________, and ________ from prior cases.

Answer 1

common law system, statutes, regulations, judgments

Question 2

In the legal system of England and Wales, judges serve as ______ between the parties and decide disputes. They are not ________ and so do not question the witnesses. That is the role of ______.

Answer 2

umpires, inquisitors, counsel

Question 3

What part of an Act of Parliament is the following piece of text?:

‘Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows’.

Answer 3

Preamble or enacting formula

Question 4

What part of an Act of Parliament is the following piece of text?:

‘The following provisions of this Act extend to England and Wales, Scotland, and Northern Ireland - (a) sections 1 to 4; (b) section 12; (c) sections 38 to 42’

Answer 4

Extent provision

Question 5

What part of an Act of Parliament is the following piece of text?:

‘Offensive Weapons Act 2019’

Answer 5

Short title

Question 6

Which part of a bill is the wording at the start of a Bill that begins ‘A Bill to…’ and then lists its purposes, sometimes at great length

Answer 6

Long title

Question 7

What part of an Act of Parliament is the following piece of text?:

‘The following provisions come into force on such day as the Secretary of State may be regulations appoint’

Answer 7

Enabling Provision

Question 8

Explain the key difference between primary legislation and secondary legislation.

Answer 8

Primary legislation - passed directly by Parliament (e.g. as an Act of Parliament)

Secondary legislation - made under the authorisation of Parliament (e.g. Statutory instruments)

Question 9

Explain what is meant by a constitutional convention and give an example of one.

Answer 9

Conventions are generally unwritten rules regarding how things are done and are given great weight in court.

An example of a convention is that when a Prime Minister loses a vote of no confidence, they are expected to step down.

Question 10

In the UK, what is the only branch that can exercise the prerogative power to enter into a bilateral treaty?

Answer 10

Executive Branch