legal system-1st April Flashcards
A statute provides that a person found drunk in charge of a carriage may be arrested without a warrant. A man was arrested without a warrant when he was found drunk in charge of a bicycle. Although under its plain meaning a bicycle is not a carriage, the court trying the case found the man guilty.
Which statutory rule of interpretation did the court most likely apply?
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The court most likely applied the mischief rule in finding the man guilty.(B) A court applying the mischief rule of interpretation determines what mischief the statute in question was set out to remedy and interprets the statute in a way that would best achieve that result. If the court convicted the man, it would be because the court found the statute was intended to keep drunk people off of moving vehicles. (A) is incorrect because the golden rule is used when use of the ordinary meaning of words leads to absurd results. No absurd result would arise if the word ‘carriage’ were interpreted to exclude a bicycle. (C) is incorrect because under the literal rule, a court applies the dictionary meaning of a word. The dictionary meaning of the word ‘carriage’ would not include a bicycle. (D) is incorrect because under the purposive approach a court uses extraneous material from the pre-enactment phase of legislation to try to discern the meaning of the words used in the statute. We have no mention of the use of such material in our facts and so this approach cannot be used. (E) is incorrect because there is no such approach - the Latin phrase here means ‘second body of law’.QUESTION ID: ELS019
Two potential clients come into a solicitors firm for representation. One client requires representation before the Magistrates’ Court in short order, whereas the other client requires representation before the High Court some time later. The firm has a solicitor who is available to handle each case, but the concern is that they do not have rights of audience with each court.
May the solicitor undertake representation of both parties?
No, because the solicitor does not have an automatic right of audience before the High Court.(A) Although the solicitor has an automatic right of audience before the Magistrates’ Court, they do not have automatic right of audience before the High Court. As a result, the solicitor may not represent the client before the High Court. (B) is incorrect. A solicitor has an automatic right of audience before the Magistrates’ Court, so the solicitor could represent the client before that court. (C) is incorrect. Although it is true that a solicitor does not have an automatic right of audience before the High Court, they do have an automatic right of audience before the Magistrates’ Court. (D) is incorrect, as it is only partially correct. Although it is correct to say that the solicitor may represent the client before Magistrates’ Court, the answer does not address the solicitor’s ability to appear before the High Court. (E) is incorrect as there is no automatic right of audience before the High Court.QUESTION ID: ELS069
A man was caught stealing a bicycle. He was charged with an either way theft offence. He denied his guilt before a District Judge in Magistrates’ Court.
Which of the following statements best describes the legal position regarding the trial of the man’s case?
The case can be tried in either Magistrates’ Court or Crown Court as it is an either way offence, but a jury is available only in Crown Court
.(E) An either way offence may be tried in either Magistrates’ Court or Crown Court. However, a jury is available only in Crown Court. (A) and (B) are incorrect because a jury is not available in Magistrates’ Court. (C) is incorrect, both because the man may choose to have his either way offence tried in Crown Court and because a jury is not available in Magistrates’ Court. (D) is incorrect because the man could choose to have his case tried in Magistrates’ Court if he forgoes a jury. QUESTION ID: ELS048
A claimant has been injured in a road traffic accident and wishes to bring a claim for compensation for their injuries of £20,000. The claimant would like some advice as to which court their case is likely to be heard in.
Which is most likely to be the correct court of first instance for their claim?
The County Court.(A) The County Court deals exclusively with civil cases, and will hear all small claims track cases (valued at under £10,000) and most fast track cases (£10,000 to £25,000). (B) is incorrect as the Crown Court is a purely criminal court, so would not hear a case such as this, which is a tort claim that falls under the civil law. (C) is also incorrect because the Magistrates’ Court is primarily a criminal court, with the exception of matters such a family proceedings, but it would not hear a tort claim. (D) is incorrect as the High Court is more likely to hear complex fast track cases that will take up more of the court’s time, and will also hear multi-track cases (exceeding £25,000 and complex). (E) is incorrect as the Court of Appeal, as the name suggests, is an appeal court, so would never be the court of first instance for either a civil or criminal case.QUESTION ID: ELS035
A statute required persons operating places of public refreshment, resort, and entertainment to have a licence to run the establishment. A man owned a cafe and argued he did not need a licence because the cafe was not a place of entertainment. After considering the context of the word entertainment, the court held that it did not mean musical entertainment but rather the reception and accommodation of people, so the defendant was guilty.
Which rule of language did the court most likely use to come to this judgement?
Noscitur a sociis.(B) This phrase stands for the doctrine that the company interprets a word it keeps. That is, when interpreting a statute, courts consider the words in the same section as the word in dispute - in other words, courts consider the context. (A) is incorrect because under this legal maxim, if one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded. (C) is incorrect because in pari materia is a rule of language that considers other statutes on the same subject to interpret the statute in question. Since we have no other statute here to help, this rule is not helpful here. (D) is incorrect. Ejusdem generis is not helpful here as it is used to interpret the meaning of a general word when more specific words follow it. Refreshment, resort, and entertainment all seem a bit general and so do not help here. (E) is incorrect because Corpus juris secondum means ‘second body of law’ and is not a rule of interpretation.QUESTION ID: ELS020
QUESTION ID: ELS020
A County Court Judge is hearing a case in which a claimant is suing for damages arising from drinking a bottled beverage that contained part of a roach. In making their ruling, the judge explained that a similar case was heard years before that interpreted a statute and so they must consider stare decisis .
What does stare decisis mean?
Let the decision stand.(C) Stare decisis means that a decision reached previously by a higher court will be binding on the courts below. In Latin, (A) translates to ‘ratio decidendi’, (B) translates to ‘ejudem generis’ (it is used to interpret general words in a law that follow specific words). (D) does not have a commonly used Latin translation phrase associated with it. (E) translates to in pari materiain Latin and is a rule of interpretation under which language in one law is interpreted consistently with another law.QUESTION ID: ELS046
