English Legal system Flashcards
When will permission to appeal from the County Court as a court of first instance be given?
Permission to appeal from the County Court as the court of first instance may only be given where:
- The court considers the appeal would have real prospect of success
- Or there is some other compelling reason
In what circumstance will a criminal case be sent from the Magistrate Court to the Crown Court
If the defendant does not consent to be tried summarily, he is sent to the Crown Court for trial. If the Magistrates decide that the seriousness of the offence merits trial on indictment, the option of summary trial is withdrawn and the defendant will be tried in the Crown Court.
What is the role of the Senior Presiding Judge?
They oversee the work of Presiding Judges on each circuit. They also provide a point of liaison between the judiciary, courts and government.
What are marginal notes?
May be used to interpret an Act but they are not part of statute.
Does the UK have a constitution?
Not really. It is sort of unwritten, but the UK’s constitution is a combination of statute, common law and unwritten convention.
What relationship does the monarch have with government?
According to convention, monarchs are required to conduct their sovereignty only through Ministers.
What is the maxim - “the King never dies”?
Means that the office of the crown never dies with the reigning monarch, and that it immediately continues upon succession.
What does “by necessary implication” mean?
A more purposive interpretation of statute may be used.
What is a hybrid bill?
One that mixes the characteristics of Public and Private Bills. Hybrid Bills often propose works of national importance but in a specific area of the UK.
What is the difference between devolved and reserved powers?
Devolved powers are those which have been passed from the UK Parliament to one of the devolved legislatures. Reserved powers are those that remain at a UK Parliament level.
