Legal System of England and Wales Flashcards
Literal Rule
Court applies the ordinary meaning of words to a statute.
Golden Rule
The Court uses something other than a word’s ordinary meaning to avoid an absurd result.
Mischief Rule
Court looks to the problem the statute was designed to remedy.
Purposive Approach
Court looks at documents extraneous to the statute (such as content of debates) to determine why the statute was passed.
Ejusdem generis
Ambiguous general words in a statutory section which follow specific words should be interpreted as referring to things of the same type as the specific words.
Noscitur a sociis
Ambiguous words in a statutory section should be interpreted in the context of the statutory section (that is, words should be interpreted by the company they keep).
Expressio unius est exclusie alterius
If a statutory section lists specific items of a class without a general catch-all, other items of the same class are impliedly excluded.
In Pari Materia
Ambiguous words in a statutory section should be interpreted consistently with the same words in statutes touching on the same matter.
What is the monetary limitation for cases allowed in the Small Claims Track of the County court?
(Including the limit for personal injury cases)
Small Claims:
£10k limit
(£1k for Personal Injury Cases)
What is the monetary limitation for cases allowed in the Fast Track of the County court?
(Including the limit for personal injury cases)
Fast Track:
£25k limit
(£10k for Personal Injury Cases)
What is the monetary limitation for cases allowed in the Multi Track of the County court?
Multi Track:
£100k limit
(£50k for Personal Injury Cases)
What is the maximum sentence a Magistrates’ Court may impose for a single offence? (ONLY FOR 2023 EXAM)
12 months (ONLY FOR 2023 EXAM)
(The actual number is 6 months but this changed after the cut off)
Which judge does a case go from and to?
District Judge (County Court) - Circuit Judge (County Court)
Circuit Judge (County Court) - High Court Judge (High Court)
Masters (High Court) - High Court Judge (High Court)
High Court Judge (High Court) - Lord Justice of Appeal (Court of Appeal)
Lord Justice of Appeal (CoA) - Justice of Supreme Court (Supreme Court)
From District Judge (County Court) to?
Circuit Judge (County Court)
From Circuit Judge (County Court) to?
High Court Judge (High Court)
From Masters (High Court) to?
High Court Judge (High Court)
From High Court Judge (High Court) to?
Lord Justice of Appeal (Court of Appeal)
From Lord Justice of Appeal (Court of Appeal) to?
Justice of Supreme Court (Supreme Court)
On what grounds can a court allow an appeal be granted? (2 grounds)
- The claim looks to have a real prospect of success
- There is another pressing reason to hear the case
Can a defendant in a criminal case appeal from the Magistrates’ Court to the Crown Court?
What can they appeal?
Defendant has a right to appeal from the Magistrates’ Court to the Crown Court.
They can appeal conviction and sentence (unless they plead guilty, and then it is only sentence).
What does an appeal from the Magistrates’ Court to the Crown Court result in?
A full re-hearing of the case
How long does an applicant have to appeal from the Magistrates’ Court to the Crown Court?
21 days and must be made in writing
What does the judge do when a case is appealed from Magistrates’ Court to Crown Court?
A full rehearing which allows for original evidence and witnesses to be re-examined and for new evidence to be introduced.
If a defendant in a criminal case wants to appeal from the Crown Court to the Court of Appeal, how long do they have?
Within 28 days of decision
What can a defendant in a criminal case appeal from the Crown Court to the Court of Appeal? (2 things)
- Conviction was ‘unsafe’ (Evidence was wrongly admitted or excluded, directions were wrong, judge was biased)
- Appeal of Sentence (Wrong in law, wrong in principle, manifestly excessive)
On what grounds can you appeal to the Supreme Court?
A point of law of general public importance is involved.
