Exam

Question 1

What is the maximum value of County Court cases?

Financial and Personal Injury Disputes separately

Answer 1

Financial Disputes of up to £100,000.00

Personal Injury of up to £50,000.00

Question 2

An overview of civil procedure:

Answer 2

1. Claimant takes pre-action steps
2. Claimant issues proceedings on County or High COurt and defendant files a defence
3. Court gives directions on how to proceed: disclosure of documents, exchange of witness statements and expert reports
4. Trial
5. Appeal or Enforcement of Judgement

Question 3

Name the 3 different types of Criminal Appeal

Answer 3

1. The defendant may appeal a conviction
2. The defendant may accept the conviction but appeal the sentencing
3. The prosecution may appeal an acquittal

Question 4

An appeal to the Court of Appeal (Criminal Division) from the Crown Court, can be made on a point of fact and law. True or False?

Answer 4

True.

But the next appeal from the Court of Appeal (Criminal Division) to the Supreme Court, can only be on points of law.

Question 5

Statutes

What does a capital A mean next to a subsection number and what should you do?

Answer 5

Amendment. Look up the amendment for more detail and if it is in force.

Question 6

Define ‘affirmed’

Answer 6

Court agrees with decision of a lower court on the same case

Question 7

Define ‘applied’

Answer 7

Court regards itself bound by a decision in an earlier, different case, and the same reasoning has been used in this case.

Question 8

Define ‘Approved’

Answer 8

A higher court states that a different case was correctly decided by a lower court

Question 9

Define ‘considered’

Answer 9

The court discussed a different case, often once decided by a court of equal status

Question 10

Define ‘overruled’

Answer 10

Court overturns a decision in a different case of a court lower, or sometimes of equal status

Question 11

Define ‘distinguished’

Answer 11

Where a court has no power or no wish to overrule sn earlier different case and does not wish to apply it but has found a compelling difference that means it does not have to follow it as a precedent.

Question 12

Define ‘Reversing’

Answer 12

Where a higher court on appeal overturns the decision of a lower court on the same case

Question 13

Define ‘semble’

Answer 13

Means it ‘appears’ where a court gives its opinion on a point which is not directly before it

Question 14

Define ‘held’

Answer 14

The decision of the court

Question 15

What are EU Regulations

Answer 15

They are directly applicable on all member states on date of commencement (cited running number / year)

Question 16

What are EU Directives

Answer 16

They require member states to pass implementing legislation within a time frame (cited year / running number)

Question 17

What are Rules of Construction and name the 4?

Answer 17

These are reasons why a court or a lawyer places a particular construction on a statute:

1. Literal Rule
2. Golden Rule
3. Mischief Rule
4. Purposive Approach

Question 18

What is the Literal Rule?

Rules of Construction

Answer 18

• The first rule the court will look at
• Using ordinary, natural meanings of words
• Just a feature of common law countries
• There is no ambiguity then the court will have no option but to apply the statute literally

Question 19

What is the Golden Rule?

Rules of Construction

Answer 19

• Designed to mitigate some problems that could arise using the literal rule
• The Courts depart from the literal meaning if it manifests absurdity or invidious result, causing ambiguity
• There is no ambiguity then the court will have no option but to apply the statute literally

Question 20

What is the Mischief Rule?

Rules of Construction

Answer 20

• Strives to allow interpretation of a statute inline with the intent of Parliament
• Court will try to ascertain why certain wording was used (by using Hansard etc.) and seek to resolve any ambiguity and reflect legislative intention.
• Looks backward

Question 21

What is the Purposive Approach?

Rules of Construction

Answer 21

• Looks forward
• Mainly applies to laws derived from EU Legislation
• Under the European Communities Act 1972, the court must adopt a Purposive Approach in construing EU legislation and in particular; UK provisions implementing EU Law
• Court must interpret legislation bearing in mind its purpose
• Aims based or policy driven approach
• Where there is no ambiguity to exploit, they can attempt to adapt the statutory provision to align it to judicial thinking.

Question 22

What are Rules of Language and name the 3

Answer 22

These are technical tools to help use the language in a statue and avoid any ambiguity:

1. Eiusderm Generis
2. Noscitur a Sociis
3. Expressio Unius est Exclusio Alterius

Question 23

What is the difference between Rules of Construction and Rules of Language?

Answer 23

RoC are about why courts interpret as the do; RoL are about how they achieve these ends

Question 24

List the 8 presumptions

Rules of Language

Answer 24

1. Against alteration of the Common Law
2. In a penal statute, any ambiguity is construed in favour of the subject
3. No Criminal Liability without Guilty Intent
4. Against the retrospective operation of statutes
5. Against ousting the jurisdiction of the courts
6. Against deprivation of liberty of the individual
7. Against the deprivation of property or interference with private rights
8. Against Binding the Crown

Question 25

Define 'Eiusderm Generis' | Rules of Language

Answer 25

- Of the Same Kind or Nature If a general word follows two or more specific words, that general word will only apply to items of the same type as the specific words. - Literal translation 'of the same type'

Question 26

Define 'Noscitur a Sociis' | Rules of Language

Answer 26

- Known by the Company it keeps | A word derives its meaning from surrounding words.

Question 27

Define 'Expressio Unius est Exclusio Alterius' | Rules of Language

Answer 27

- Expressing one thing excludes another' | Any mention of one or more specific things may be taken to exclude others of the same type if no generic word follows.

Question 28

Which Rule of Language is 'Expressing one thing, excludes another'

Answer 28

Expressio Unius est Exclusio Alterius

Question 29

Which Rule of Language is 'Known by the Company it keeps'

Answer 29

Noscitur a Sociis

Question 30

Which Rule of Language is 'Of the Same Kind or Nature'

Answer 30

Eiusderm Generis

Question 31

What Act influences how a statute should be interpreted?

Answer 31

Human Rights Act

Question 32

Which courts does the ECJ bind, as is it bound by its own decisions?

Answer 32

Binds all UK courts | Is not bound by its own previous decisions

Question 33

Which courts does the Supreme Court bind, as is it bound by its own decisions?

Answer 33

Binds all Courts below it | Not bound by its own previous decisions

Question 34

Which courts does the Court of Appeal bind, as is it bound by its own decisions?

Answer 34

Binds all Courts below it Is generally bound by all courts above it Is generally binding on itself as to encourage consistency in legal decision making.

Question 35

Which courts does the High Court bind, as is it bound by its own decisions?

Answer 35

The High Court does generally not bind any lower courts, unless it is a narrow appellate jurisdiction, then its decisions are, in theory, binding on a Crown or Magistrates Court

Question 36

Do any courts below the High Court hold the power to bind another court?

Answer 36

No. | Crown, County, Magistrates Courts and Tribunals don't have any binding authority.

Question 37

``` Exam Q: (Civil) Carruthers is claiming £13,000.00 in compensation under the Act, in which court would he normally take his claim? A) Magistrates B) County C) High Court QBD D) High Court Chancery Division ```

Answer 37

B) County Court

Question 38

``` Exam Q: (Civil) Assume the case was heard in the County Court. Which Rule as to costs applies? a) Loser pays costs b) Winner pays costs c) Each party bears their own costs d) No order as to costs will be made ```

Answer 38

a) Loser pays costs

Question 39

``` Exam Q: (Civil) If Mr Justice McRae was hearing the appeal from the County Court, in which court does he sit? a) Supreme Court b) Court of Appeal c) High Court QBD d) High Court Chancery Div. ```

Answer 39

c) High Court QBD as this case in particular was a contract or tort case

Question 40

``` Exam Q: (Civil) Is whether 'dockyards' constitute a workplace for the purpose of the Act a question of: a) fact b) law c) fact and law d) time ```

Answer 40

b) law

Question 41

Exam Q: (Civil) | What does it mean to differentiate the material facts of a case?

Answer 41

Distinguish

Question 42

Exam Q: (Civil) | When can Hansard be used?

Answer 42

Hansard can only be used if the statue is ambiguous AND the material consists of clear statements by a minister or promoter of the bill

Question 43

Exam Q: (Civil) | What is Codifying?

Answer 43

Bringing together some earlier legislation and modifying it to make the existing common law

Question 44

Exam Q: (Civil) | What is the difference between Codifying and Consolidating?

Answer 44

``` Consolidating = merges existing legislation on the same topic for efficiency Codifying = involves consolidating but also updating the law in the process ```

Question 45

Exam Q: (Civil) | in the absence of an expressed jurisdiction, the statute would apply where?

Answer 45

England, Wales, Scotland and Northern Ireland

Question 46

Exam Q: (Civil) | Are the judgements of the CJEU and the ECHR binding or persurasive?

Answer 46

CJEU: binding ECHR: persuasive

Question 47

What is the typical Civil Appeals Process?

Answer 47

County -> High Court (QBD = contract and tort, or Chancery Div) -> Court of Appeal -> Supreme Court

Question 48

What is the typical Criminal Appeals process for a summary trial?

Answer 48

Magistrates Court to Crown Court (appeal by defendant only on law or fact- if pleaded not guilty, or accepts conviction but wants to appeal setence) or to High Court QBD (appeal from either side but must be based on a point of law) then to Supreme Court (either side can appeal, must be point of law of general public importance) AND either High Court or Supreme Court must grant leave of appeal

Question 49

What is the typical Criminal Appeals process for a indictment trial?

Answer 49

Crown Court to Court of Appeal (Criminal Division) - appeal by defendant only on a case of fact or law, made only with law. (After acquittal the AG may clarify a point of law, but this does not affect acquittal. If judgement is too lenient then the AG may also appeal this. Otherwise, only the defence can appeal) then to Supreme Court (either side may appeal on a point of Law only - of general public importance AND Court of appeal or HoL must grant leave to appeal)