Legal System

Question 1

Law?

Answer 1

The enforceable body of rules that govern any society

Question 2

Types of law? Common:

Answer 2

Common law: kings judges went to people and solved their issues and gave judgement. Then they met at westminister house and discussed their judgements and documented them.
It was formal but strict rule based.
Remedy was damages; monetary compensation.

Question 3

Equity

Answer 3

People who were dissatisfied from common law went to king and king ordered his chancellor to solve their issues. Chancellor based on fairness gave decisions.
He ignored rules but followed fairness.
New remedies were introduced: specific performance
Injunction : roka jaye galat kaam
Rectification : contratc me error toh rectify
Recission: restore to original position

Question 4

Statute law

Answer 4

Laws made by parliament.
E.g company law

Question 5

Civil court structure

Answer 5

Magistrate court: magistrates who are lay person selected by the lord chancellor
District judges
Clerks who provide advice for lay magistrates

Question 6

County courts (civil)

Answer 6

-District judge
-Circuit judge

Looks for contract and tort (except defamation) claims
Equitable matters
Dispute concerning land
Undefended matrimonial cases
Probate matters
Miscellaneous matters such as those under consumer law
Some bankruptcy

Question 7

Crown court

Answer 7

Circuit and high court judges
Recorders

Limited civil cases, appeals from magistrate court on matters as gambling, betting, licensing

Question 8

Civil structure (High court)

Answer 8

Queen bench division deals with the appeal from magistrate court (appeal by way of case stated) e.g shahzaib qatal
Family division: crown court appeals to this
Chancery

County court can appeal to high court or directly court of appeal (civil decision)

Question 9

Civil structure supereme court

Answer 9

High court can appeal directly to supreme court (leapfrog procedure)

Privy council equals to supreme but its decision prevails

Question 10

Reversing

Answer 10

Decision is changed
Law not changed

Question 11

Overulling

Answer 11

Common law is changed

Question 12

Civil law procedures

Answer 12

Cases need to be resolved by alternative methods. Parties should settle their dispute avoiding courts possible.
Cases are allocated tracks
-Small claims track; low value (less than 10000)
-fast track; medium value (10000-25000) trial is no longer than one day and limited experts in need
- multi track; high value or complex claims (over 25000) managed by experts

Small and fast are heard by county courts
Complex by HC

Question 13

Case law

Answer 13

Doctrine of judicial precedent
Previous cases me jo decision liya gaya woh precedent tha. Aage usko follow karna hai
Some precedents are binding and some are persuasive

Question 14

Factors to decided whether precedent is binding or persuasive

Answer 14

1. Hierarchy of courts
2. Ratio decidendi and obiter dicta
3. Material facts of case

Question 15

Hierarchy of courts

Answer 15

European court of justice binds all lower courts but not bound by anyone
Supreme court binds lower courts but not itself
COA binds lower and itself unless…
Two similar decisions conflict
Earlier decision conflicts with later SC decision
Earlier decision made per incuriam

HC binds all lower courts, and bound by itself

Crown court: criminal cases
Binds no one, not even itself
Bound by all higher courts

County court: civil cases
Binds no one, not even itself
Bound bh all higher courts

Magistrate courts:
Binds no one not even itself
Bound hy all higher courts

Tribunals
Less formal procedures
Quicker
Hears dispute bet emp and emyee

Can appeal to Employment appeal tribunal

Question 16

Ratio decidendi

Answer 16

Legal reason behind the decision
( law which was applied)
They are binding

Question 17

Obiter dicta

Answer 17

Hypothetical situation defined by judge for better understanding if situation
(It is persuasive)

Question 18

Material facts of case

Answer 18

In order for precedent to be binding, material facts of two cases must be same. If they are significantly different, then precedent will be persuasive.

Question 19

When is precedent not binding?

Answer 19

If it is overruled by higher court
If it is overruled by statute
If precedent was made without case
Can be distinguished from earlier case

Question 20

Delegated legislation

Answer 20

Parliament lacks time to make laws
Lack competence

Question 21

Delegate to whom

Answer 21

-Professional bodies
-local bodies
-ministries/statutory instrument
-privy council

Question 22

Enabling act

Answer 22

Through this act, parliament gives power (enables) to delegated body to make law

Question 23

Statutory interpretation rules

Answer 23

Literal rule:
Law will be interpreted through ordinary/simple/dictionary meaning

Question 24

Golden rule

Answer 24

Sometimes applying dictionary meaning may make a law absurd. (Meaning less)
Court holds power to select a desired meaning of word if a world has multiple meanings.

Question 25

Small claim track

Answer 25

Not more than 10000
Quick
Informal
No need for legal representation

Question 26

Fast track

Answer 26

(10000-25000)
Trial will last <1 day
Less formal court procedures
Claim will be determined within 30 weeks

Question 27

Multi track

Answer 27

More than 25000
Full court hearing, but management conference held to encourage alternative dispute resolution

Question 28

Statute law

Answer 28

-Green paper: a proposal for new law
-White paper: after comments received, a draft for the new law
-First reading: introduction to the house
-second reading: debate about the merits of the proposed legislation
-committee stage: all party committee discuss and amend the draft
-report stage: the amended draft then presented to house for approval
-third reading: final approval by the house
Same procedure in other house
Royal assent

Question 29

Mischief rule

Answer 29

Court of law interprts law by considerinh the issue which was targeted