Fundamentals of the English Legal System

Question 1

What is the Definition of Law?

Answer 1

The system of rules used to regulate the groups of people, which are enforceable on pain of penalties.

Question 2

What is the Common Law?

Answer 2

The set of Laws developed by the Judiciary.

Question 3

What is the Doctrine of Precedent?

Answer 3

• Good Decisions by a Higher Court, with a Binding Ratio, will Bind all Lower Courts; unless
• The Case before the Lower Court is factually distinct from the Precedent.

‘Good’ simply means the Decision has not been Overruled, Disapproved, or Superseded.

Question 4

What is the Precedential Hierarchy of Courts?

Answer 4

1. Supreme Court: Binds all Lower Courts.
2. Court of Appeal: Binds Lower Courts and itself.
3. High Court: Binds Lower Courts but not itself, although Decisions are highly persuasive to peer Judges.
4. Upper Tribunal: Binds the First Tier Tribunal and itself.
5. First Tier Tribunal: Non-Binding, although Decisions are persuasive to peer Judges.
6. Family, Crown, County, and Magistrates’ Courts: Non-Binding.

Question 5

What are the Permutations for Judicial Treatment of a Precedent?

Answer 5

All Courts:

• Follow: The Court simply follows the Precedent, as the Case’s facts fall within its scope.
• Distinguish: The Court distinguishes the Precedent due to relevant legal or factual differences in the Case.

Only in a Higher Court:

• Overrule: The Court declares the Precedent incorrect.
• Disapprove: The Court expresses reservations toward the Precedent, but stops short of Overruling.
• Overturn: The Appellate Court reverses the Decision of the Lower Court.
• Affirm: The Appellate Court approves the Decision of the Lower Court.
• Approve: The Court approves the Precedent’s reasoning and legal principle(s).

Question 6

Is the Supreme Court Bound by its Previous Decisions?

Answer 6

No, but in practice, it will on depart from Precedent if necessary.

Question 7

What are the Exceptions to the Doctrine of Precedent for the High Court and Court of Appeal?

Answer 7

The Court of Appeal:

• Per Incuriam: Erroneous Precedents need not be followed.
• Conflicting Decisions: If two Precedents conflict, the Court must choose one to follow in the present Case.
• Conflict with the Supreme Court: Any Precedent that conflicts with the Supreme Court must not be followed, even if Good Law.
• The Interests of Justice: The Court of Appeal’s Criminal Division may refuse to follow a Precedent if it serves the Interests of Justice.

The High Court:

• Single-Judge Judgments: Any Judgment made by a singular Judge is Non-Binding.

Question 8

What is Equity?

Answer 8

• The set of Laws developed by the Court of Chancery;
• Purposed with overcoming injustices from the Common Law’s procedural rigidity.

Question 9

If there is a Conflict between Equity and the Common Law, which prevails?

Answer 9

Equity.

Question 10

What is Primary Legislation?

Answer 10

Acts of Parliament passed by both Houses and approved by the Monarch.

Question 11

What is Secondary Legislation?

Answer 11

Law made by Ministers or Bodies empowered by a Parent Act.

Question 12

Regarding Primary Legislation, what is the Difference between a Public and Private Act?

Answer 12

Private Acts:

• These concern specific individuals or bodies

Public Acts:

• These concern matters of general public interest.

Question 13

What are the Two Types of Bills?

Answer 13

Government Bills:

• These are official government policy proposals.

Private Members’ Bills:

• These are private policy proposals sponsored by Members of Parliament (“MPs”).

Question 14

What is the Legislative Procedure for Primary Legislation?

Answer 14

1 — First Reading:

• The Bill’s Title is announced, and a date for the Second Reading is set.

2 — Second Reading:

• MPs debate the Bill.

3 — Committee Stage:

• A Legislative Committee reviews the Bill in detail, with amendments possible.

4 — Report Stage:

• Proposed amendments are debated and voted upon.

5 — Third Reading:

• Final debate and vote.
• If passed, the Bill proceeds to the other House, and the Procedure repeats.

6 — Royal Assent:

• After passing in both Houses, the Monarch gives its approval.

The Procedure of Secondary Legislation is identical, except the Houses cannot amend the Bill.

Question 15

What are the Rules of Statutory Interpretation?

Answer 15

The Literal Rule:

• Interpret statutory words in their plain, ordinary meaning, regardless of the result.

The Golden Rule:

• If necessary to avoid absurdity or condtradiction, conservatively modify the meaning of certain words.

The Purposive Approach:

• Look to the Legislation’s broader Purpose and overarching Principles to support your interpretation.

Question 16

What are the Presumptions of Statutory Interpretation?

Answer 16

Expressio Unius Est Exclusio Alterius:

• Specifying one thing excludes others.

Ejusdem Generis:

• General Terms following Specific Terms are limited to the same kind as the Specific Terms listed.

Noscitur a Sociis:

• Interpret words based on their surrounding context.

Question 17

What are the Primary Sources of European Union Law?

Answer 17

• Treaty on the European Union 1992 (“TEU”).
• Treaty on the Functioning of the European Union 2009 (“TFEU”).

Question 18

What are the Secondary Sources of European Union Law?

Answer 18

• Regulations, Directives, and Decisions.
• Precedent the Court of Justice of the European Union (“CJEU”).

Question 19

What is an EU Regulation?

Answer 19

Legislation Binding on all Member States (“MSs”), regardless of national implementation.

Question 20

What is an EU Directive?

Answer 20

Legislation Binding on all MSs after it is nationally implemented.

Question 21

What is an EU Decision?

Answer 21

Legislation Binding on the entity to whom it is addressed.

Question 22

What is the Consequence of a Member State failing to Implement a Directive?

Answer 22

Direct Effect:

• Permits direct reliance on an unimplemented Directive if its implementation deadline has passed.

Indirect Effect:

• Requires Domestic Courts to interpret national law consistently with Union law when possible.

State Liability:

• Allows compensation claims for serious failures in implementation.

Question 23

What are the Seven Chambers of the First Tier Tribunal?

Answer 23

• Tax Chamber.
• Property Chamber.
• Social Entitlement Chamber.
• General Regulatory Chamber.
• Immigration and Asylum Chamber.
• Health, Education, and Social Care Chamber.
• War Pensions and Armed Forces Compensation Chamber.

The Employment Tribunal functions at this level but operates separately from the other First Tier Tribunal Chambers.

Question 24

What are the Four Chambers of the Upper Tribunal?

Answer 24

• The Lands Chamber, which hears Cases from:
  • The Property Chamber.
• The Tax and Chancery Chamber, which hears Cases from:
  • The Tax Chamber.
• The Upper Immigration and Asylum Chamber, which hears Cases from:
  • The First Tier Immigration and Asylum Chamber.
• Administrative Appeals Chamber, which hears Cases from:
  • The Social Entitlement Chamber.
  • The General Regulatory Chamber.
  • The Health, Education, and Social Care Chamber.
  • The War Pensions and Armed Forces Compensation Chamber.

The Employment Appeals Tribunal functions at this level but operates separately from the other Upper Tribunal Chambers.

Question 25

What are the Coronor’s Courts?

Answer 25

Courts that investigate an Individual’s cause of death if it is unknown or seemingly unnatural.

Question 26

What are Public Inquiries?

Answer 26

Investigations by Government Departments into significant events of public concern.