legal system in England and Wales 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?
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’
Right of audiance
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.
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?
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.
judge is struggling to ascertain the intention of Parliament when interpreting a statute in a case. As well as the rules of language and other methods of interpretation, the judge can also use extrinsic and intrinsic aids to assist her.
Which of the following is not an extrinsic or intrinsic aid to interpretation?
Press coverage of the passage of a Bill through Parliament is not an aid to interpretation used by judges. (A) and (B) are incorrect, as they are both examples of extrinsic (that is, external) aids to statutory interpretation. Hansard is the official record of Parliamentary debates. (C) and (D) are incorrect, as they are both examples of intrinsic (that is, internal) aids to statutory interpretation
Copurt system
(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.
interpretation
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
when literal approach is applicabnle
A judge should apply the literal approach when there is no ambiguity in the words of the statute and doing so will not lead to an absurd result. (A) is incorrect because the standard in
stare decisis means
Stare decisis means that a decision reached previously by a higher court will be binding on the courts below-let the decision stand
what is statutory instrument means
Statutory instruments are secondary (or subordinate) legislation, together with orders in council.
what is conventions
Conventions are a by-product of the uncodified parts of the UK Constitution. They are given weight in the UK through acknowledgment of their existence, even though they are, strictly speaking, non-binding. Conventions form a large part of the operation of the separation of powers.
max sentence for summary offense
A summary only offense may be tried only in Magistrates’ Court. The maximum sentence that may be imposed in Magistrates’ Court for a single offence is six months’ imprisonment.
courts
A subdivision of the Queen’s Bench Division - the Administrative Court - hears applications for judicial review against decisions made by the government on legal grounds. The Chancery Division (A) hears property disputes. The Commercial Court (B) hears private disputes over contracts involving large sums of money. The County Court (D) hears civil cases but not judicial review cases. The Family Division (E) hears familial disputes.
Which UK institutions can exercise the prerogative power to enter a bilateral treaty?
(C) The executive has the authority to exercise the royal prerogative without authorisation from the judiciary or Parliament. The Prime Minister has the power to make and ratify treaties alone. The other choices are incorrect because only the executive has the prerogative power.
To which of the following would a decision of a County Court District Judge be appealed?
A Senior Circuit Judge at the County Court
What court must grant permission for an appeal from a High Court judgment?
The High Court or the Court of Appeal
