Final Review: LSOEAW Flashcards
What are the different parts of an Act of Parliament?
- Short title
- Citation
- Long title
- Date of Royal Assent
- Preamble
- Parts
- Sections and Subsections
- Extent Provisions
- Enabling Provisions
Which branch of government can exercise the prerogative power to enter a bilateral treaty?
The Executive Branch
What is the Literal Rule of statutory interpretation?
The court applies the ordinary meaning of words to a statute.
NOTE: If the words of a statute are clear, they must be applied in the way they are written even if it leads to an absurd result.
What is the Golden Rule of statutory interpretation?
The court uses something other than the words ordinary meaning to avoid an absurd result.
E.g.: If it is an offence to be in the “vicinity” of a commercial airport hanger without authorisation, a court could find someone guilty for being inside the hangar.
What is the Mischief Rule of statutory interpretation?
The court looks to the problem the statute was designed to remedy.
What is the Purposive Approach to statutory interpretation?
The court looks at documents extraneous to the statute (e.g., Hansard) to see WHY the statute was passed.
What does “Ejusdem generis” mean?
It is a rule of statutory interpretation where ambiguous general words that follow specific words should be interpreted as referring to things of the same type.
E.g.: The possession of firearms, explosives, or any other type of offensive weapon is prohibited within a cinema. This would include any other weapon used to harm others.
What does “Noscitur a sociis” mean?
It is a rule of statutory interpretation where ambiguous words should be interpreted in the context of the “company they keep”.
E.g.: A statute provides that “all houses kept open for public refreshment, resort, and entertainment must have a license.” A cafe that only served food was fined for not having a license, and argued that they were not required to have one under the statute. Judge said “entertainment” does not mean musical entertainment, but can also include the reception and accommodation of people.
What does “Expressio unius est exclusio alterius” mean?
It is a rule of statutory interpretation which says that if a section lists specific items of a class (without a general catch-all), other items of the same class are impliedly excluded.
What does “In Pari Materia” mean?
It is a rule of statutory interpretation where ambiguous words should be interpreted consistently with the same words in statutes touching on the same matter.
What is the monetary limitation for cases heard in the Small Claims track of the County Court?
Not more than £10,000 (£1,000 for PI cases)
What is the monetary limitation for cases heard in the Fast Claims track of the County Court?
Not more than £25,000 (£10,000 for PI cases)
What is the monetary limitation for cases heard in the Fast Claims track of the County Court?
Not more than £100,000 (£50,000 for PI cases)
NOTE: This is also generally the monetary floor for civil cases to be brought in the High Court
What are the 3 main divisions of the County Court?
- Kings Bench
- Chancery (Land Ks, Trusts, Wills)
- Family
Where does an appeal from a District Judge in the County Court go?
Circuit Judge, County Court
Where does an appeal from a Circuit Judge in the County Court go?
High Court Judge
Where does an appeal from Masters in the High Court go?
High Court Judge
Where does an appeal from a High Court Judge go?
Lord Justice of Appeal, Court of Appeals
Where does an appeal from a Lord Justice of Appeal in the Court of Appeals go?
Justice of Supreme Court
What is the criteria for an appeal be granted?
A claim will be granted only if:
- The claimant looks to have a real prospect of success, OR
- There is another pressing reason to hear the case.
Where does an appeal from the Magistrates’ Court go, and what can be appealed?
(1) Crown Court
- Can appeal conviction and sentence, so long as D did not plead guilty (then only sentence can be appealed)
- Full rehearing of the case
(2) High Court
- P and D can appeal to the High Court on the grounds that the decision was WRONG IN LAW, or ULTRA VIRES. Only legal arguments can be made here.
Where does an appeal from the Crown Court go, and what can be appealed?
Court of Appeal
- Can appeal conviction. Must show that the conviction was “unsafe” (evidence wrongfully excluded, wrong directions)
- Can appeal sentence if wrong in law, wrong in principal, or manifestly excessive.
When must an application to appeal be made when appealing from Magistrates’ Court?
Within 21 days of the decision.
When must an application to appeal be made when appealing from Crown Court?
Within 28 days of the decision.
Can the prosecution appeal from the Crown Court?
Yes, but only rulings made by the judge. They cannot appeal a jury decision to acquit the Defendant.
Where does an appeal from the Court of Appeals go, and what can be appealed?
The Supreme Court, so long as:
- The CoA or SC grants leave, AND
- CoA certifies that a point of law of general public importance is involved.
Which courts have horizontal privity (i.e., they are bound by prior decisions made by courts at the same level)?
(1) Court of Appeals (civil and criminal)
- Criminal CoA can depart if convinced the previous decision is wrong
(2) High Court
- Must have been acting as an appellate court, not a trial court.
