Legal System of England and Wales

Question 1

Literal Rule

Answer 1

Court applies the ordinary meaning of words to a statute.

Question 2

Golden Rule

Answer 2

The Court uses something other than a word’s ordinary meaning to avoid an absurd result.

Question 3

Mischief Rule

Answer 3

Court looks to the problem the statute was designed to remedy.

Question 4

Purposive Approach

Answer 4

Court looks at documents extraneous to the statute (such as content of debates) to determine why the statute was passed.

Question 5

Ejusdem generis

Answer 5

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.

Question 6

Noscitur a sociis

Answer 6

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).

Question 7

Expressio unius est exclusie alterius

Answer 7

If a statutory section lists specific items of a class without a general catch-all, other items of the same class are impliedly excluded.

Question 8

In Pari Materia

Answer 8

Ambiguous words in a statutory section should be interpreted consistently with the same words in statutes touching on the same matter.

Question 9

What is the monetary limitation for cases allowed in the Small Claims Track of the County court?

(Including the limit for personal injury cases)

Answer 9

Small Claims:

£10k limit

(£1k for Personal Injury Cases)

Question 10

What is the monetary limitation for cases allowed in the Fast Track of the County court?

(Including the limit for personal injury cases)

Answer 10

Fast Track:

£25k limit

(£10k for Personal Injury Cases)

Question 11

What is the monetary limitation for cases allowed in the Multi Track of the County court?

Answer 11

Multi Track:

£100k limit
(£50k for Personal Injury Cases)

Question 12

What is the maximum sentence a Magistrates’ Court may impose for a single offence? (ONLY FOR 2023 EXAM)

Answer 12

12 months (ONLY FOR 2023 EXAM)

(The actual number is 6 months but this changed after the cut off)

Question 13

Which judge does a case go from and to?

Answer 13

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)

Question 14

From District Judge (County Court) to?

Answer 14

Circuit Judge (County Court)

Question 15

From Circuit Judge (County Court) to?

Answer 15

High Court Judge (High Court)

Question 16

From Masters (High Court) to?

Answer 16

High Court Judge (High Court)

Question 17

From High Court Judge (High Court) to?

Answer 17

Lord Justice of Appeal (Court of Appeal)

Question 18

From Lord Justice of Appeal (Court of Appeal) to?

Answer 18

Justice of Supreme Court (Supreme Court)

Question 19

On what grounds can a court allow an appeal be granted? (2 grounds)

Answer 19

1. The claim looks to have a real prospect of success
2. There is another pressing reason to hear the case

Question 20

Can a defendant in a criminal case appeal from the Magistrates’ Court to the Crown Court?

What can they appeal?

Answer 20

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).

Question 21

What does an appeal from the Magistrates’ Court to the Crown Court result in?

Answer 21

A full re-hearing of the case

Question 22

How long does an applicant have to appeal from the Magistrates’ Court to the Crown Court?

Answer 22

21 days and must be made in writing

Question 23

What does the judge do when a case is appealed from Magistrates’ Court to Crown Court?

Answer 23

A full rehearing which allows for original evidence and witnesses to be re-examined and for new evidence to be introduced.

Question 24

If a defendant in a criminal case wants to appeal from the Crown Court to the Court of Appeal, how long do they have?

Answer 24

Within 28 days of decision

Question 25

What can a defendant in a criminal case appeal from the Crown Court to the Court of Appeal? (2 things)

Answer 25

1. Conviction was ‘unsafe’ (Evidence was wrongly admitted or excluded, directions were wrong, judge was biased)
2. Appeal of Sentence (Wrong in law, wrong in principle, manifestly excessive)

Question 26

On what grounds can you appeal to the Supreme Court?

Answer 26

A point of law of general public importance is involved.