Legal System Flashcards
What is the purposive approach in statutory interpretation?
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.
What cases does the County Court handle?
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).
What is the in pari materia rule of language?
It considers other statutes on the same subject to interpret the statute in question. It is unhelpful when no other relevant statute exists.
What are statutory instruments?
They are secondary (or subordinate) legislation, including orders in council.
What are statutory instruments?
They are secondary (or subordinate) legislation, including orders in council.
Does the Magistrates’ Court hear appeals?
No, the Magistrates’ Court is a trial court and does not hear appeals.
Can a District Judge or Recorder sit in the High Court?
No, a District Judge, Deputy District Judge, or Recorder would not sit at the High Court.
What are the thresholds for personal injury claims?
Small Claims: Under £5,000
Fast Track: £5,000–£25,000
Multi-Track: £25,000–£50,000
What are the thresholds for regular claims?
Small Claims: Under £1,000
Fast Track: £1,000–£10,000
Multi-Track: £10,000–£25,000
Which courts are wholly separate in their jurisdiction?
The Crown Court, which handles criminal cases.
The County Court, which handles civil cases.
What is the maximum sentence for a single offence in Magistrates’ Court?
Six months’ imprisonment, subject to the maximum sentence authorized for the specific crime.
What is the role of the Administrative Court within the King’s Bench Division?
It hears applications for judicial review against decisions made by the government on legal grounds.
What type of disputes does the Chancery Division handle?
It handles property disputes.
What cases are heard by the Commercial Court?
It hears private disputes over contracts involving large sums of money.
What powers does the Prime Minister have regarding treaties?
The Prime Minister has the power to make and ratify treaties alone.
What is the distinction between the Chancery Division and the King’s Bench Division?
Chancery Division: Handles equity cases (e.g., orders).
King’s Bench Division: Handles common law cases (e.g., money claims).
What are the grounds for judicial review?
- Illegality
- Procedural Impropriety
- Failure to meet Legal Expectations
- Failure to make reasonable/rational decision
What can be considered procedural impropriety in connection with judicial review?
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)
What is the Sewel Convention?
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.
When does the transition period end?
1.12.2020
Stare Decisis meaning?
Let prior decisions stand
Are civil court of appeal decisions binding?
Generally, Yes
Are Criminal Court of Appeal decisions binding?
Generally, yes, but the court has discretopm to depart if convinced earlier decision is wrong
Are High Court Decisions Binding?
As trial court, no. As court of appeal, yes.
Is supreme court bound by previous decisions?
No.
When an appeal can be made from Magistrates Court to High Court?
Ultra Vires/decision wrong in law
How many days does a defendant has to appeal if permission to appeal was sought from Court of Appeal?
28 days
In crown court - can the prosecution make any decision?
Not a jury decision to acquit
What ground of appeal against conviction is there in crown court?
conviction unsafe - evidence wrongly admitted/biased judge, etc.
