Introduction, Sources and Development of Law

Question 1

What factors contribute to the making of a legal system?

Answer 1

1. Existence of a constitution
2. Cultural and Historical factors
3. Unofficial and popular elements

Question 2

What are 5 typical elements of a legal system?

Answer 2

1. Existence of a constitution
2. Relationship between central and local governments
3. Dominant body who controls levers of powers
4. Influences of military, geography and neighbouring states
5. Impact of religion

Question 3

What are the 5 components of the rule of law?

Answer 3

1. Clear and predictability
2. National and international obligations
3. Limits to the exercise of discretion
4. Equality before the law
5. Involvement of the state

Question 4

What are 9 factors that have influenced the UK’s constitution?

Answer 4

1. Parliament
2. Chruch and religion
3. Monarchy
4. Nobility
5. Lawyers and rule of law
6. BBC
7. Popular will (unrest)
8. Armed forces
9. Land ownership

Question 5

What do Acts of Parliament do?

Answer 5

They make, change or repeal law

Question 6

What happens in the House of Commons first reading?

Answer 6

The title is read out and the Bill is printed and published

Question 7

What happens in the second reading in HoC?

Answer 7

Main debate by MP’s on the principles of the Bill

Question 8

What happens in the committee stage?

Answer 8

The committee scruntises the Bill clause by clause and considers any amendments

Question 9

What happens at the report stage?

Answer 9

Necessary stage if the committee makes any amendments

Each part of the Bill is considered with a view to amendment or addtion

Question 10

What happens in the Third Reading?

Answer 10

Consider the Bill as amended (brief debate)

Question 11

When will the Lords have to send back the Bill to the Commons?

Answer 11

When the Bill has reached its third reading in the Lords and amendments have been made

Question 12

What is the effect of the Parliament Acts 1911 and 1949?

Answer 12

The commons can bypass the Lords if they block the will of the former

Question 13

What is Royal Assent?

Answer 13

The monarch formally gives approval to the Bill and it becomes an Act of Parliament

Question 14

What does ‘equity looks on that done which ought to be done’ mean?

Answer 14

Equity will enforce the intention of the paries, rather than allowing something to founder because of a failure to conform to rigid procedure

Question 15

What does ‘he who comes to equity must come with clean hands’ mean?

Answer 15

An equitable remedy will not be granted to a C who has not acted fairly

Question 16

What does ‘delay defeats equity’ mean?

Answer 16

A C cannot wait too long before making a claim, as this may prejudice the other party

Question 17

What does ‘equity will not suffer a wrong to be without a remedy’ mean?

Answer 17

Under the equitable principles, if a court decides there is a wrong, a solution beneficial to the injured party should result

Question 18

What are some examples of equitable remedies?

Answer 18

• Injunctions
• Specific performance
• Recession
• Rectification
• An account of profits

Question 19

What does habeas corpus mean?

Answer 19

You cannot be detained, and deprived of your freedom unless the law allows it

Question 20

A High Court judge is telling colleagues about a case they were recently involved with. The Claimant had issued a claim based upon a [fictitious] House of Lords precedent from 1990 which stated obiter dicta that a person could be liable for damages if they failed to pay for goods in a timely manner. The Defendant defended based on a [fictitious] statute from 1664 which stated that the only debt from the sale of goods can be the price of those goods. This statute had not since been repealed or amended. The Defendant was successful in defending the claim by applying the very old statute in favour of the newer case law. The Claimant sought permission to appeal which was refused. The High Court judge believes this to be correct.

Considering the type of case this was and the reasoning which the trial judge will have used, was the appeal court correct to refuse permission to appeal on a point of law?

Answer 20

Yes, because the case was about entitlements, but the Claimant was not entitled to anything more than the price of the goods.

The fundamental question for the trial judge was whether to rely upon the old statute or the newer case law. Despite being old, the statute was made by Parliament and Parliament is sovereign. Obiter dicta comments from the judiciary would not be favoured over statute.

Question 21

A law professor must explain how the role of the King impacts legally upon the constitution. Part of their lecture is as follows:

“The King holds all legal authority over the constitution, except for any matters removed from him by the Magna Carta, Bill of Rights or other laws. The King is head of Parliament, and our constitution is a democratic monarchy. The King can legally dismiss the Prime Minister, prorogue Parliament, suggest new taxes and block a statute by refusing to give Royal Assent to a bill. The King has delegated these prerogative powers to the executive and as a matter of constitutional convention only operates any under the advice of them. In this way, democratically elected Members of Parliament who sit within the executive can operate the law to ensure sound decision making within the will of the electorate.’

Has the professor succeeded in correctly describing the role of the King?

Answer 21

Yes, because the Bill of Rights 1689 gave the King the power to do anything he wants to, unless it was disallowed by that statute. Practically speaking, the King does not act without the advice of members of the executive, to help make good decisions.

in a democratic monarchy, the King does not operate his legal powers without advice from the executive to preserve the balance between monarchy and the voting public.

Question 22

A specialist car mechanic (mechanic) is claiming for unpaid money owed for his services on a motor enthusiast’s (motorist) vintage rally car which he completed in full. The motorist paid 80% of the price of the services up front to get the work completed in time for a competition. He has not paid the balance.

The mechanic told the motorist of a clever trick to do with mixing petrol to make the car go faster. He told him not to use the trick because it was his invention and the motorist promised he would not. The motorist used the information to take the car to a vintage car rally and won a huge cash prize. He then patented the petrol mix and started selling the idea to other motorists. The mechanic also wants to claim for an account of profit for this.

Will the mechanic be allowed to claim for a contractual debt and an equitable account for profit in the same legal action before the same court?

Answer 22

Yes, because the courts of equity and common law were combined 150 years ago. The mechanic can claim both equitable and contractual remedies at once.

It is open to the car mechanic to claim in common law and equity at the same time.