Legal System

Question 1

What is the purposive approach in statutory interpretation?

Answer 1

It involves the court using extraneous material from the pre-enactment phase of legislation to discern the meaning of the words used in the statute.

Question 2

What cases does the County Court handle?

Answer 2

The County Court deals exclusively with civil cases, hearing all small claims track cases (valued under £10,000) and most fast track cases (£10,000–£25,000).

Question 3

What is the in pari materia rule of language?

Answer 3

It considers other statutes on the same subject to interpret the statute in question. It is unhelpful when no other relevant statute exists.

Question 4

What are statutory instruments?

Answer 4

They are secondary (or subordinate) legislation, including orders in council.

Question 5

What are statutory instruments?

Answer 5

They are secondary (or subordinate) legislation, including orders in council.

Question 6

Does the Magistrates’ Court hear appeals?

Answer 6

No, the Magistrates’ Court is a trial court and does not hear appeals.

Question 7

Can a District Judge or Recorder sit in the High Court?

Answer 7

No, a District Judge, Deputy District Judge, or Recorder would not sit at the High Court.

Question 8

What are the thresholds for personal injury claims?

Answer 8

Small Claims: Under £5,000
Fast Track: £5,000–£25,000
Multi-Track: £25,000–£50,000

Question 9

What are the thresholds for regular claims?

Answer 9

Small Claims: Under £1,000
Fast Track: £1,000–£10,000
Multi-Track: £10,000–£25,000

Question 10

Which courts are wholly separate in their jurisdiction?

Answer 10

The Crown Court, which handles criminal cases.
The County Court, which handles civil cases.

Question 11

What is the maximum sentence for a single offence in Magistrates’ Court?

Answer 11

Six months’ imprisonment, subject to the maximum sentence authorized for the specific crime.

Question 12

What is the role of the Administrative Court within the King’s Bench Division?

Answer 12

It hears applications for judicial review against decisions made by the government on legal grounds.

Question 13

What type of disputes does the Chancery Division handle?

Answer 13

It handles property disputes.

Question 14

What cases are heard by the Commercial Court?

Answer 14

It hears private disputes over contracts involving large sums of money.

Question 15

What powers does the Prime Minister have regarding treaties?

Answer 15

The Prime Minister has the power to make and ratify treaties alone.

Question 16

What is the distinction between the Chancery Division and the King’s Bench Division?

Answer 16

Chancery Division: Handles equity cases (e.g., orders).
King’s Bench Division: Handles common law cases (e.g., money claims).

Question 17

What are the grounds for judicial review?

Answer 17

1. Illegality
2. Procedural Impropriety
3. Failure to meet Legal Expectations
4. Failure to make reasonable/rational decision

Question 18

What can be considered procedural impropriety in connection with judicial review?

Answer 18

Failure to comply with procedures outlined in the statue delegating the power such as mandatory requirements, common law right to be heard, biased decisionmaker, failure to consult (statutory), failure to give reasons (decision is outrageous and deemed unlawful)

Question 19

What is the Sewel Convention?

Answer 19

If the UK Parliament wishes to legislate on a matter that has been devolved to the Welsh Parliament, then normally the consent of the Welsh Parliament is required. However, if the Welsh Parliament does not consent, the UK Parliament can still pass the legislation.

Question 20

When does the transition period end?

Answer 20

1.12.2020

Question 21

Stare Decisis meaning?

Answer 21

Let prior decisions stand

Question 22

Are civil court of appeal decisions binding?

Answer 22

Generally, Yes

Question 23

Are Criminal Court of Appeal decisions binding?

Answer 23

Generally, yes, but the court has discretopm to depart if convinced earlier decision is wrong

Question 24

Are High Court Decisions Binding?

Answer 24

As trial court, no. As court of appeal, yes.

Question 25

Is supreme court bound by previous decisions?

Answer 25

No.

Question 26

When an appeal can be made from Magistrates Court to High Court?

Answer 26

Ultra Vires/decision wrong in law

Question 27

How many days does a defendant has to appeal if permission to appeal was sought from Court of Appeal?

Answer 27

28 days

Question 28

In crown court - can the prosecution make any decision?

Answer 28

Not a jury decision to acquit

Question 29

What ground of appeal against conviction is there in crown court?

Answer 29

conviction unsafe - evidence wrongly admitted/biased judge, etc.