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Legal System and Admin Flashcards

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1
Q

What is the criminal court hierarchy?

A

Magistrate’s to Crown Court to QBD of High Court to Court of Appeal to Supreme Court.

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2
Q

What is the civil court hierarchy?

A

County Court to High Court to Court of Appeal to Supreme Court.

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3
Q

What is the literal rule?

A

You interpret the statute literally.

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4
Q

What is the golden rule?

A

You avoid absurdity of literal intepretation.

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5
Q

What is the mischief rule?

A

You interpret which mischief the statute was intended to correct.

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6
Q

What is the purposive approach?

A

You interpret the statute according to what the legislators intended.

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7
Q

What are intrinsic and extrinsic aids of intepretation?

A

Intrinsic are inside the statute and include debates in parliament about words in the statute.

Extrinsic are external aids including hansard, which are debates that took place before statute was enacted.

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8
Q

What is the presumption of no retrospective operation of statute?

A

Statute only applies to the time beginning with enactment.

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9
Q

What are the core constitutional principles of the UK?

A

The Rule of Law
The Separation of Powers
The Sovereignty of Parliament

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10
Q

What are the sources of the UK’s constitution?

A

Acts of Parliament
Case Law
Constitutional Conventions
The Royal Prerogative

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11
Q

Can government ministers criticise judicial decisions?

A

No.

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12
Q

Can Parliament members or ministers publicly discuss matters currently being heard by the courts?

A

No.

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13
Q

How is an Act of Parliament enacted?

A
  • Introduced as a bill.
  • Several readings and debates leading to amendments.
  • Royal Ascent
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14
Q

Can UK Parliament legislate in devolved areas such as Scotland, Wales and Northern Ireland?

A

It can but generally won’t.

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15
Q

What are the Prerogative Powers of the Crown?

A
  • Declaration of War and deployment of armed forces.
  • The recognition of foreign states.
  • The appointment and dismissal of prime minister and other ministers.
  • The dissolution of Parliament.
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16
Q

What are the two elements of Parliamentary Privilege?

A

Freedom of speech and exclusive cognisance.

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17
Q

What is the freedom of speech afforded to MPs by Parliamentary Privilege?

A

They can say anything during their job without being sued with defamation or illegal disclosure.

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18
Q

What is required in order to hold a procession?

A

Six clear days of notice to the police where the procession will start.

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19
Q

What are the possible offences that can be committed with a public procession?

A

Failing to give notice.

Deviating from details given in notice.

Failing to comply with conditions or inciting so.

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20
Q

Who can impose conditions on a procession and why?

A

Senior police officer at site.

If conditions are given beforehand, it must be chief of police.

Reason is belief that it will cause public disorder or damage to property or disturb the life of the community.

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21
Q

Can the police apply to the court for a prohibition of a specific procession?

A

No. Only all processions.

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22
Q

Is notice of a public assembly to the police required?

A

No. It is only required for processions.

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23
Q

Can the police ban an assembly?

A

Only if it is trespassory.

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24
Q

Can the police take action to prevent breach of the peace?

A

Yes.

25
Q

What are the grounds of judicial review?

A
  • Acting without authority.
  • Error of law or fact.
  • Procedural Ultra Vires.
  • Dual Purpose.
  • Improper or unauthorised purposes.
  • Fettering (outsourcing) discretionary powers.
26
Q

What is the test for Wednesbury irrationality?

A

So irrational that no reasonable authority would ever make it.

27
Q

What classifies as procedural impropriety?

A

Breaching the rules against bias and the right to a fair hearing.

28
Q

What is the rule against bias? What must be proven by the person claiming judicial review?

A

The government entity can’t have a conflict of interests.

What must be proven is that any reasonable person looking at the facts would conclude a possibility of bias.

29
Q

Who can make a claim for judicial review and what is the deadline?

A

Anyone with interest within three months and without undue delay.

30
Q

What are the remedies given in judicial review?

A

Quashing Orders - renders decision void.
Prohibiting Orders
Mandatory Orders
Injunctions and Damages

31
Q

When are damages available for judicial review?

A

When the claimant could have obtained damages in a civil claim.

32
Q

What are absolute rights under ECHR?

A

The right to life
The right to liberty
No torture
No slavery
The right to a fair trial

33
Q

Which rights are qualified rights?

A

Freedom of speech
Freedom of religion
The right to a private life

34
Q

Does the HRA apply to individuals? Can an individual breach your rights under the HRA?

A

No. It only applies to public authorities.

35
Q

Is freedom of expression of the press highly regarded?

A

Yes.

36
Q

How much minimum delay is a result of the House of Lords not giving consent to a bill?

A

One year except for money bills which are one month.

37
Q

Can an act of parliament be judicially reviewed?

A

No but secondary legislation can.

38
Q

Who can make a declaration of incompatibility?

A

The High Court or above.

39
Q

What must the police have to arrest someone for breach of the peace?

A

Evidence that a breach of the peace is imminent.

40
Q

What is fettering discretion?

A

Acting under the guidelines of someone else or abusing your discretion.

41
Q

Is jury service forced labour?

A

No.

42
Q

Is picturing a famous person coming out of AA a breach of right to private life?

A

Yes.

43
Q

Who can bring a claim under the Human Rights Act?

A

Only victims.

44
Q

Which acts need to be expressly repealed?

A

Constitutional Acts.

45
Q

Can the requirement to give six days notice of a procession/march be curtailed?

A

Yes if it is not reasonably practicable to give six days notice.

46
Q

Who gives costs orders?

A

County court even if High Court was responsible for the original litigation.

47
Q

How are most Statutory Instruments brought into law?

A

By ministers via negative resolution.

48
Q

Whose approval is required for a Bill to be enacted as an Act of Parliament?

A

House of Commons and Royal Ascent.

49
Q

Who can refer an acquittal or a weirdly low sentence to the Court of Appeal on appeal on a point of law?

A

The Attorney General.

50
Q

Can resolutions of the HoC have legal effect?

A

No.

51
Q

Can a public assembly take place completely indoors?

A

No. It must be at least partly outdoors.

52
Q

Are directives and principles part of retained EU law?

A

Not directives.

Principles which were recognised in UK case law before IP will be retained.

53
Q

Which courts are bound by decisions of the Privy Council?

A

None but the decisions are persuasive.

54
Q

When does someone have the right to receive reasons for a decision of a public authority?

A

Where the decision appears weird or is of critical importance.

This is implied by common law and is never a procedural requirement if the statute doesn’t say it to be.

55
Q

Can the courts review whether an Act of Parliament was passed correctly?

A

Yes.

56
Q

Can absolute rights ever be interfered with?

A

No.

57
Q

Is a convention still just a convention if it has been included in an act?

A

Yes which is weird.

58
Q

Which courts are NOT bound by retained EU case law?

A

Court of Appeal and Supreme Court.

59
Q

Does parliamentary privilege extend to people being questioned in parliamentary committees?

A

Yes.

law (10 decks)

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