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SQE1 > Legal System > Flashcards

Legal System Flashcards

1
Q

What does having a common law system mean?

A

Law is made up of both statute and court judgements

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2
Q

What does the legal system being adversarial mean?

A

Opposing parties offer legal arguments and judge makes final decision, ensuring each party follows the procedural rules

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3
Q

What type of law best describes the body of law relating to the functioning of the state and individuals’ relationships with it?

A

Public law

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4
Q

What type of law best describes the body of law governing relationships between individuals, for example, contract and tort?

A

Private law

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5
Q

What type of law best describes the body of law that intervenes in the actions of individuals which the state (the Crown) deems harmful to the state or the people in it?

A

Criminal law

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6
Q

What type of law best describes the body of law that intervenes in relationships between individuals when they go awry e.g. breach of contract?

A

Civil law

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7
Q

What is substantive law?

A

The law as it is which governs adjudication e.g the statute itself

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8
Q

What is procedural law?

A

Governs how the adjudication of disputes operates e.g time limits, required paperwork as found in the Civil Procedure Rules

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9
Q

What are the main sources of law in England and Wales?

A

Statute, Statutory Instruments, International Treaty, Case Law, Works of Authority, Conventions

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10
Q

What makes up the structure of an Act of Parliament?

A

The short title, citation, long title, date of royal assent, preamble, part, section, subsection, marginal notes, extent provisions, enabling provisions

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11
Q

When is a bill referred to as an Act of Parliament?

A

After it has received the Royal Assent

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12
Q

What is known as secondary legislation?

A

When an Act allows for/makes provision for another body to provide regulations to give practical effect to the Act

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13
Q

If words of a statue have a clear meaning, how do the courts have to apply the words? Which rule is this?

A

They must apply them literally, using the literal rule, even if this would create an absurd or undesirable result

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14
Q

If using the meaning of a word would give an absurd result, what rule can the courts follow to avoid this, if there is some ambiguity

A

The golden rule

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15
Q

What is the Mischief Rule?

A

A way of interpreting legislation - in which the courts tool at what problem the statute was designed to remedy and interprets the words of the statue to achieve this result

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16
Q

Which Rule of interpretation allows the court to look at why the status exists and what it hoped to achieve, as well as looking at extraneous things other than the legislation?

A

The Purposive Rule

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17
Q

Which rule of language means ‘expression of one thing is the exclusion of another’

A

Expressio Unius est Exclusio Alterius

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18
Q

What does Noscitur a Sociis mean?

A

A word is interpreted by the company it keeps i.e. word is considered within the context in which it is used, using words in the same section of the statute to interpret the word

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19
Q

Which Rule of language means ‘upon the same matter or subject’, whereby other statutes may assist with interpreting an ambiguity in another?

A

In Pari Materia

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20
Q

What does Ejusdem Generis mean?

A

Of the same type - if a general word follows two or more specific words, the general world will only apply to items that are like the specific word used

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21
Q

What type of aids are the short title, long title, preamble, marginal notes and schedules

A

Intrinsic Aids

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22
Q

What are some common Extrinsic aids

A

Dictionaries, explanatory notes, Hansard

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23
Q

Which two courts lie within the civil court structure?

A

County Court and High Court

24
Q

What are the three tracks within County Court cases?

A

Small Claims Track, Fast Track, Multi-Track

25
Q

What is the maximum monetary value of a claim the County Court can hear, before it would be heard by the High Court instead (at first instance)?

A

£100,000 (or £50,000 in personal injury claims)

26
Q

If a case involves less than £10,000 in the County Court, which track will it assigned to?

A

Small Claims Track

27
Q

If a case involves less than £1000 in a personal injury case in the County Court, which track will it assigned to?

A

Small claims track

28
Q

Which cases assigned to the fast track within the County Court?

A

Cases involving less than £25,000 or less than £10,000 in personal injury cases

29
Q

Where will cases involving claims of more than £25,000 in a civil case be heard?

A

Multi-Track County Court

30
Q

When can a civil case be heard in the High Court?

A

If the claim is £100,000 (or over £50,000 in personal injury cases), the case can be started there. Otherwise it acts as an appellate court for lower value cases

31
Q

What are the three divisions of the High Court?

A

King’s Bench Division, Chancery Division and Family Division

32
Q

Where does the Administrative Court lie and what does this court hear?

A

In the King’s Bench Division of the High Court, hearing judicial review claims

33
Q

What cases are heard in the King’s Bench Division?

A

Civil claims where the value exceeds £100,000 or £50,000 for personal injury claims

34
Q

What are the three types of Alternative Dispute Resolution (ADR)?

A

Mediation, Arbitration and Negotiated Settlement

35
Q

What type of ADR uses a third party to guide the parties to resolve the situation themselves?

A

Mediation

36
Q

Which type of ADR appoints a third party to make an enforceable decision?

A

Arbitration

37
Q

What is Negotiated Settlement?

A

Where the parties do not use a third party and negotiate as to how to settle their dispute

38
Q

Which court do all criminal cases start in?

A

The Magistrates Court

39
Q

Where are summary cases heard?

A

Magistrates Court

40
Q

Which cases are heard in the Crown Court, after being started in the Magistrates Court?

A

Indictable

41
Q

As Either Way offences can be heard in the Crown Court or the Magistrates court, why would the defendant chose one or the other?

A

Because D can be tried without a jury in the Magistrates Court, or with one in the Crown Court

42
Q

What is the maximum sentence that a Magistrates Court can impose?

A

Six months and/or a fine of any amount - check this is right

43
Q

Which court does not have a jury?

A

Magistrates Court

44
Q

Where does a solicitor have an automatic right of audience?

A

Magistrates Court, County Court, Family Court

45
Q

In which courts would a solicitor have to have an additional advocacy qualification to have a right of audience?

A

Crown Court, High Court, Court of Appeal, Supreme Court

46
Q

If a civil case is heard by a district judge in the county court, where and by whom will the appeal be heard?

A

County Court - circuit judge

47
Q

If a civil case is heard by a circuit judge in the county court, where will the appeal be heard?

A

High Court

48
Q

If a civil case is heard by a masters in the high court, where and by whom will the appeal be heard?

A

High court - High Court judge

49
Q

If a civil case is heard the High Court where will the appeal be heard and then where will any subsequent appeal after that be heard?

A

Court of Appeal then Supreme Court

50
Q

Where do you seek permission to appeal from?

A

The Court that made the initial judgement. If it refuses to grant permission to appeal, an application is then made to the court which will hear the appeal

51
Q

Which court hears appeals in the criminal court system?

A

The Crown Court

52
Q

Can a defendant appeal to the Crown Court if he has already plead guilty?

A

Yes, but only to appeal their sentence, rather than the verdict

53
Q

Which Court can be applied to if either party feels a Magistrates Court has incorrectly applied procedure?

A

High Court

54
Q

If either party feels the process of the judgement was incorrect and the court acted ulta vires, which court can they appeal to?

A

Administrative Court (Division of the High Court)

55
Q

What does Ultra Vires mean?

A

Beyond the scope of its powers

56
Q

If the convicted party believe a conviction or sentence from the Crown Court is wrong, who can they appeal to?

A

The Court of Appeal

57
Q

When can a case be sent from the CoA to the Supreme Court?

A

When permission is given and the point of law at issues is of public importance

SQE1 (3 decks)

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