Intro

Question 1

Public Law vs Private Law

Answer 1

Pubic Law is concerned with the private relationship between individuals

Private Law is concerned with both relationships between individuals and the State, and the State enforcing standards of behaviour

Question 2

Civil Law vs Criminal Law

Answer 2

Civil law concerns the relationship between individuals in the community

Criminal law concerns the relationship between an individual and the rest of the community as a whole

Question 3

Public vs Private Bills

Answer 3

Public Bills concern matter affecting the public as a whole.

Private Bills affect particular persons or a particular locality.

Question 4

Consolidating and Codifying Legislation

Answer 4

Consolidation is where a statute re-anacts law which was previously contained in several different statutes - ‘tidying up’ the law

Codification is where all the law on some topic - which may have been covered by common law etc - is brought together in legislation

Question 5

EU Treaty articles, regulations, Directives and Decisions

Answer 5

Treaty articles can be directly effective

Regulations, may also be directly effective

Directives are binding as to the result to be achieved, but leave the form and methods to the national authority

Decisions are binding in their entirety upon those to whom they are addressed

Question 6

Superior vs Inferior Courts

Answer 6

Superior courts have unlimited jurisdiction, both geographically and financially, and generally, they try the most important and difficult cases

Inferior courts have limited geographical and financial jurisdiction, and deal with the less important cases, but the large proportion of cases

Question 7

Criminal and Civil Courts

Answer 7

Aside from the Crown Court - which deals exclusively with criminal matters - and the County Court - which only deals with civil matters - the other courts all have civil and criminal jurisdictions

Question 8

Trial and Appellate Courts

Answer 8

Trial courts hear cases at first instance. They make a ruling on the issues of fact and law which arise in the case

The function of appellate courts is to reconsider the application of legal principles to a case which has already been heard by a lower court. The appeals process allows errors of face, law or procedure to be corrected and can assist the sensible development of the law

Question 9

Civil Courts of First Instance

Answer 9

Claims of over £100,000 normally commence in High Court, if not, County Court

Claims for PI over £50,000 in High Court, if not, County Court

Question 10

The Civil Appeals System

Answer 10

County Court can appeal to High Court

High Court can then appeal to the Court of Appeal with permission (rare cases can ‘leapfrog’ to the Supreme Court)

Court of Appeal can appeal to the Supreme Court on points of law, with permission

Family Court appeals to the Court of Appeal

Question 11

Criminal Offences

Answer 11

Summary only offences. Minor offences and dealt with in the magistrates’ court

Indictable only offences. The most serious offences and can be tried only in the Crown Court

Either way offences may be dealt with in either court. Typically offences which are capable of being more or less serious, depending on how they were committed - minor theft.

Question 12

The Jury System

Answer 12

The judge will direct the jury on the current state of law, who then apply the law to the facts of the case.

Judge decides on sentence

Can rarely be used in civil cases such as fraud.

Question 13

Magistrates’ Appeal

Answer 13

Defendant may appeal to the Crown Court against their sentence

Either prosecution or defence may appeal to the High Court only on points of law

Question 14

Crown Court Appeal

Answer 14

Defendant may appeal to the Court of Appeal, with permission, on a point of law or against the sentence

Prosecution can appeal to the Court of Appeal if they view the sentence as unduly lenient

Thereafter, the route lies to the Supreme Court, only on a point of law and of general public importance

Question 15

European Court of Justice

Answer 15

Ensures European law is applied uniformly in all Member States

Question 16

European Court of Human Rights

Answer 16

Set up to observe certain standards of behaviour towards individuals

Question 17

Tribunals

Answer 17

Whilst not strictly courts, they have a quasi-judicial role, operating with increased specialisation. Quicker, cheaper and more convenient system of settlement.

First Tier tribunals equivalent to trial courts - appeals heard by Upper Tier tribunals

Question 18

Statutory Inquiries

Answer 18

Established by statutes to examine common specific situations where courts may not necessarily have the expertise or appropriate procedures.

Question 19

Judicial Inquiries

Answer 19

Established on an ad hoc basis to deal with specific issues of public interest, often run like court cases

Question 20

What are the steps of legal problem solving?

Answer 20

Identify the client’s objective

Identify potential relevant law Gather relevant facts (Lateral)

Apply law to facts

Identify possible solutions

Select the most appropriate solution

Question 21

Legal research steps

Answer 21

Analyse the problem

Devise search terms

Identify the appropriate source, ensure its up-to-date

Present in an appropriate format

Question 22

Principles of Statutory Interpretation

Answer 22

Rules of Construction
Rules of Language
AIds to interpretation
Presumptions

Question 23

The Literal Rule

Answer 23

The first rule to apply. Means applying the language of a statute using the ordinary and natural meanings of the words

Question 24

The Golden Rule

Answer 24

Normal use: Applied when there is some ambiguity or absurdity in the words themselves -> choose between those meanings

Second use: To avoid a results which is obnoxious to the principles of public policy, even when words have only one meaning

Question 25

The Mischief Rule

Answer 25

Strives to allow interpretation of a statute in line with the intention of Parliament

Question 26

The Purposive Approach

Answer 26

Mainly used for EU legislation. Similar to the mischief rule, but the legislation is more broad in nature rather than exhaustively detailed

Question 27

Intrinsic vs Extrinsic Aids

Answer 27

Intrinsic Aids are anything in the same Act, e.g. definition clauses or marginal notes

Extrinsic Aids are aids from beyond the statute, Hansard, dictionaries etc.

Question 28

Presumptions

Answer 28

Against alteration of the common law

Against the retrospective operation of statutes

Against criminal liability without guilty intention

Against deprivation of the liberty of the individual

Question 29

Eiusdem Generis

Answer 29

Of the same kind or nature - If a general word follows two or more specific words, that general words will only apply to items fo the same type. i.e. hamster, gerbil, small mammals -> can infer rat

Question 30

Noscitur a sociis

Answer 30

Known by the company it keeps - a word derives meaning from surrounding words, small mammals =/= lion

Question 31

Expressio Unius est Exclusio Alterius

Answer 31

To express one thing is to exclude the others - closed list, no mention = not applicable

Question 32

When is a court bound to follow an earlier decision?

Answer 32

1. The earlier case must contain a proposition of law
2. Which is part of the ratio decidendi of that earlier case
3. Which is decided in a court whose decisions are binding on the present court
4. There must be no material factual distinctions between the case being decided and the earlier case

Question 33

Obiter Dictum

Answer 33

Statements which are not binding on any other court, although they may be what is known as persuasive

Question 34

Distinguish from a case

Answer 34

To say that a case is materially different from the precedent (to avoid binding)

Question 35

Apply/Follow a case

Answer 35

Following the decision of binding precedent

Question 36

Overrule a case

Answer 36

Disagree with the decision of a lower court

Question 37

Approve a case

Answer 37

Agree with the decision of a lower court

Question 38

Quash

Answer 38

Superior court disagreeing with a lower court in a criminal trial

Question 39

Is the Supreme Court able to depart from previous decisions?

Answer 39

Yes, but it is careful not to do so

Question 40

Is the Court of Appeal bound by its own decisions?

Answer 40

Yes, apart from 5 exceptions, Young v Bristol Aeroplane [1944]
- Where its own previous decisions conflict

• Where its previous decision has been implicitly overruled by the Supreme Court
• Where its previous decision was made per incuriam (through carelessness)
• Where it was an interim decision by two judges
• Where one of its previous decisions is inconsistent with a subsequent decisions of the ECHR, the CoA can choose to depart from its previous ruling

(Criminal Division has wider discretion when the liberty of an individual is at stake)

Question 41

Does the High Court bind itself?

Answer 41

The divisional (appellate) division ins, subject to the same exceptions as the Court of Appeal

Question 42

Is the European Court of Human Rights binding on UK courts?

Answer 42

No, but it is persuasive in matters relating to Human Rights Act 1998.