Legal System

Question 1

Explain the literal rule in relation to statutory interpretation.

Answer 1

The court will follow what the law says literally.

Question 2

Explain the golden rule in relation to statutory interpretation.

Answer 2

The court will begin by applying the literal rule and where this leads to an unfair/absurd outcome, they will take a golden approach.

Example: It would be absurd if a killer were to inherit their victim’s estate.

Question 3

Explain the mischief rule in relation to statutory interpretation.

Answer 3

The court will determine what mischief the law was trying to solve.

Question 4

Explain the purposive approach in relation to statutory interpretation.

Answer 4

The court considers the reasons why the statute was passed and its purpose.

Question 5

What aids may the court use when interpretting statute?

Answer 5

Intrinsic evidence: anything within the act itself.

Extrinsic evidence: anythin external to the act, such as academic writing, dictionary defintions etc.

Question 6

What presumptions apply when interpretting statute?

Answer 6

a) Presumption against the retrospective operation of statutes - unless stated otherwise, the statute will only apply to future actions.

b) Presumption against criminal liability without guilty intention - mens rea - it is presumed a defendant must have a guilty mind to be convicted of the offence.

c) Presumption against binding the crown - unless stated clearly, legislation is presumed not to apply to the crown.

Question 7

Explain the modern court structure.

Answer 7

1) Supreme Court
2) Court of Appeal (Criminal Division)
2) Court of Appeal (Civil Division)
3) High Court (King’s Bench Division)
3) High Court (Chancery Division)
3) High Court (Family Division)
4) Crown Court
5) Magistrates Court
5) County Court
5) Family Court

Question 8

What courts relate to criminal law?

Answer 8

Supreme Court
Court of Appeal (Criminal Division)
Crown Court
Magistrates Court

Question 9

What courts relate to civil law?

Answer 9

Supreme Court
Court of Appeal (Civil Division)
High Courts of Justice (KBD, Chancery, Family)
County Court

Question 10

What are the trial courts for criminal law? (Courts of first instance)

Answer 10

Crown Court
Magistrates Court

Deal only with the issue of fact and law.

Question 11

What are the trial courts for civil law? (Courts of first instance)

Answer 11

High Court
Family Court
County Court

Deal only with the issue of fact and law.

Question 12

What are the appellate courts for civil law?

Answer 12

Court of Appeal (civil division)
High Court (all three divisions)
Family Court

Question 13

What are the appellate courts for criminal law?

Answer 13

Court of Appeal (criminal division)
High Court (KBD)

Question 14

Explain the route of appeal from a case in the County Court.

Answer 14

The defendant must have permission to appeal from the judge.

If granted, the appeal will be held in the relevant High Court division:

• KB division - contract/tort claims
• Chancery division - administration of estates, trusts, land law etc.

If the claim is fruther appealed, it will proceed to the Court of Appeal. Then Supreme Court.

In exceptional circumstances, the case can leapfrog the Court of Appeal and go straight to the Supreme Court but permission is required from the Supreme Court.

Question 15

Explain the route of appeal from a case in the magistrates court.

Answer 15

The defendant can apply to appeal to the Crown Court if:

• Appealing against conviction (but only if D pleaded not guilty)
• Appealing against a sentence

The appeal then goes to the Court of Appeal.

Then the Supreme Court.

Question 16

Explain the route of appeal from a case in the crown court.

Answer 16

Court of Appeal and then the Supreme Court

Question 17

Which courts are non-binding?

Answer 17

Magistrates Court
County Court
Crown Court

Question 18

Which courts are binding and who binds whom?

Answer 18

Supreme Court binds all courts below but does not bind itself

Court of Appeal binds all courts below and usually itself (exceptional circumstances)

High Court Appellate binds all courts below and usually itself.

High Court Trial binds all courts below but not itself.

Question 19

Are decisions made by the Privy Council binding?

Answer 19

No, but they are highly persuasive.

Question 20

Are decisions made by the European Court of Human Rights binding?

Answer 20

No, but they are persuasive in matters relating to Covention Rights.

Question 21

Are decisions made in Court of Justice of the European Union binding?

Answer 21

Yes. Binds UK courts on EU law matters.

Question 22

When can the Court of Appeal/High Court Appellate depart from their own precedent?

Answer 22

• There are 2 conflicting precedents, and one must be followed.
• Where a previous decision conflicts with the Supreme Court’s decision.
• Where the decision was made per incuriam (through a lack of care)