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Must know these > English legal system > Flashcards

English legal system Flashcards

1
Q

What is the structure of an Act of Senedd Cymru

A

Senedd Cymru take largely the same form as acts of Parliament. An Act of Senedd
Cymru (and any enactment made under it) must within the “legislative competence” of
Senedd Cymru (as defined in the Government of Wales Act 2006). If not it is ultra vires. Unlike an Act of the UK Parliament and Act of Senedd Cymru is outside the competence of the Senedd (and therefore automatically ultra vires) if it breaches covention rights.

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2
Q

How is legislation made by Senedd Cymru interpretated

A

Statements of Ministers during the passage of a Bill may be taken into account by the
Courts when interpreting provisions (as in Pepper v Hart). Acts and subordinate
legislation of Senedd Cymru are made bilingually with Welsh and English having equal legal status. This sometimes creates issues relating to interpretation where the Welsh and English text differ (usually as a result of translation issues).
Finally, in relation to Welsh law passed after 2019, the Legislation (Wales) Act 2019
governs the interpretation of certain legal concepts, words and definitions. Pre 2019
the Interpretation Act 1978 continues to apply.

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3
Q

how can the courts be divided in UK

A

trial and appellate courts. Trial will hear it at first instance and will rule on issues of law and fact.

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4
Q
  1. who is responsible to ensure efficient and effective system of courts
A

the Lord Chancellor meaning the Sec of state for justice

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5
Q

how are judges appointed

A

a process governed by Judicial appointments comission that elects candidates

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6
Q

are mags legally qualified

A

no

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7
Q

who are mags supported by

A

legal adivisors

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8
Q
  1. which courts deal with cases on first instance in the civil courts?
A

County court and high court

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9
Q
  1. What claims does the county court handle?
A

where c is not expected to receive more than £100,000 or 50.000 in PI claims

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10
Q

Who sits in county courts usually

A

Circuit judges, recorders, district judges, deputy district judges.

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11
Q

explain each track in county court

A

Small claims track:
not more than 10.000 and
not more than 1000 in PI claims
Fast track: not more than
25.000 and
10.000 in PI.
Multi track for more than
25.000 and max is
50.000 for PI.
cannot start in High Court unless is more than 100.000

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12
Q

Who sits in High court

A

HC judges and deputy HC judges

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13
Q

what are the divisions of HC
start with the kings bench division

A

King’s bench division: deals with Multi track claims for all common law civil actions.
+50.000 for PI and clinical negligence and 100.000 for all types of other claims
Also contains within in the Administrative court which deals with applications for judicial review.

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14
Q

which court / division deals with judicial review claims

A

HC - KING’s bench which contains the administrative court.

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15
Q

what does the chancery division deal with

A

land contracts, trusts and wills

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16
Q

what deals the family division with

A

family proceedings complex divorce dissolution of civil partnerships.

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17
Q

what is the max sentence the Mags court can impose

A

6 months and or a fine of any amount

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18
Q

who sits in the crown court

A

HC judges and circuit judges also juries sometimes barristers and solicitors who serve as part time judges

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19
Q

what does the jury do

A

comprised of people between 18 and 75 form electoral register, listen to evidence and determine if d is guilty or not
jury is usually vetted in cases involving terrorism.

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20
Q

what is the appeal process in civil courts

A

District judge in CC - circuit judge in CC
Circuit judge in CC - high court judge in HC
Masters in HC - Hight court judge in HC
High court judge in HC - lord justice of appeal
coa - sc

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21
Q

when will permission be granted for appeal

A

real prospect of success or there is another pressing reason to hear the case

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22
Q

what is the process of appeals in criminal courts

A

Crown C will hear do full hearing original evidence and withness re examined - only sentence will be be appealed if def pleaded guilty
Either party the crown or D can apply to HC to hear appeal on ground that Mags c has incorrectly applied procedure. A panel of 3 judges will review the judgment which may be affirmed amended returned to Mags court
Administrative court - division of high court either party can appeal if they feel the judgmeent was incrroect and court acted ultra vires
COA- only the convicted party can appeal wither conviction or sentence. this should be done within 28 days of conv or sentencing or after 28 if there is fresh evidence CCRC
SC - if permission given and the point of law is of public importance a case can be sent from COA to SC

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23
Q

What has contributed to the development of the legal system in UK

A

Monarchy, nobility and the judiciary - not the trade unions before 1800.

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24
Q

What has contributed to the development of the legal system in UK

A

Monarchy, nobility and the judiciary - not the trade unions before 1800.

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25
Q

What does the Habeas Corpus doctrine say?

A

No one can be detained without lawful reason

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26
Q

What is the purpose of a schedule of an Act

A

additional documents or extra material which are too bulky to be in the sections of the Act will appear as schedules instead.

27
Q

What does the mischief rule do

A

someone interpreting the act should assess the reason for the Acts provision and problem it was designed to correct

28
Q

Where can someone who is not sol or barrister sit

A

Employment tribunal

29
Q

What are judges influenced by

A

Codes of conduct for sols and barristers

30
Q

can a claim for PI for 80.000 start in County c

A

yes PD 7A of CPR

31
Q

where are Patents matters heard

A

High Court - Chancery division

32
Q

What should the questions cover in these flashcards?

A

Key concepts, definitions, and important details

33
Q

Explaun Purposive approach

A

Why does the statute exist
Looking at Hansard, Explanatory notes, briefing papers.

34
Q

Explain Noscitur a sociis

A

Consider the context of word used ex: public place of refreshment, cafe included
Remeber Nosicur - Entertainment&cafe
So Noscitur = Context

35
Q

Explain Ejusdem Generis

A

Used to interpret a general word which follows specific words will only apply to items like specific words used

36
Q

Where will solicitors have automatic right to be heard

A

Mag’s court, County Court and Family Court

MCF

37
Q

Where will you find a fixed block of text confering authority of the crown upon an act of P making it law

A

In the preamble: Be it enacted

38
Q

Where do you find the name of the act

A

Short title

39
Q

Where do you find the chapter in an Act

A

In the citation
ch > c

40
Q

What does the long title of an act do

A

Describes the purpose of the act and can be used as an intrisic aid.

41
Q

What are the individual provisions of an act called

A

Sections

42
Q

What are marginal notes

A

short notations which may appear above or alongside section - they give insight what the provision is about
Marginal = what is it about?

43
Q

Where will situations in which the law applies appear in the act

A

extent provisions= situations

44
Q

What is the purpose of schedules in the act

A

additional info that is too bulky to be contained within the section of the act
schedule = additional information

45
Q

If an act of p is silent in what extent does it apply

A

Whole of Uk

46
Q

What is the purpose or statutory instruments

A

Add significant detail to supplement original act of p

47
Q

What does a hybrid act do

A

Combines the elements of both public and private acts and is aimed at whole population.

48
Q

What is expression unious est ex alterius

A

if one or more things are mentioned in a statute the things that are not mentioned are exculded. For example: A contract for X Y Z must be in writing. If contract is for G, G is excluded.

49
Q

What is ejusdem generis

A

of the same type: if a general world follows two or more specific words it will only apply to those specific words.
Ejusdem Generis = General world ex : Clothes: t shirt dress socks - a ball will not be part of this

50
Q

How are presumtions used to interpret the law

A
  1. Against allowing statutes to alter common law
  2. Against removing court’s jurisdiction
  3. Ambuiguity in criminal case in favour of D
  4. Statutes cannot be applied retrospectively
51
Q

What is KBD part of which court

A

HC

52
Q

What does KBD deal with
What does KBD hear

A

Is part of HC and deals with Multi track claims for all claims more than 100k and more than 50k for PI
- Appeals on ground of serious procedural irregularity

53
Q

What does KBD contain

A
  1. Administrative court: deals with JR appeals
  2. Commercial court
  3. Tech and construction
54
Q

What is administrative court part of and what does it hear

A

KBD - KBD is part of HC
Administrative court hears appeals on JR appeals

55
Q

When can the prosecution appeal decision from Mags court and which court will hear the appeal

A

By way of case stated - HC: KBD administrative court.

56
Q

What if decision was made in Crown court, and is not appeal from mags court can prosecution appeal

A

No, but attorney general if lenient

57
Q

Where will civil cases of less than 100k and less than 50k for PI be started

A

County court

58
Q

If civil case is complex or in public interest where will it be heard

A

High court

59
Q

What matters is Chancery division likely to hear

A

land and mortagage
trust administration of estate
bcy
intellectual property
partnerships and company matters

60
Q

When can the HoC not bypass the requirement for approval of the HoL

A

When HOC seeks to extend the lifetime of parliament beyond 5 years.

61
Q

When is the Court of Appeal bound by its own decisions

A

In civil cases

62
Q

Which decisions bind the SC

A

previous decisions of the house of lords unless compelling reasons not to do so.

63
Q

Explain Horizontal binding effect in all courts

A

SC- does not binding itself , Prev dec of HOL?
CoA- generally bound in civil decisions for criminal can depart if it was wrong or would cause hardship
HC- bound by its decision if High court was acting as appellate court.
Not binding if HC was a court of first instance

64
Q

County court

A

100k and 50k for PI
Unless facts complex
Small track- 10k and 1000 for PI
Fast track: 25k and 10k for PI
Multi track up to 100k no more than 50 k for PI Multi

Must know these (3 decks)

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