Legal System of England and Wales

Question 1

Common law system

Answer 1

Decisions about disputes made by referring to (1) statute and regulations and (2) case law

Question 2

Statutory Instruments

Answer 2

Acts may make provision for another body, with its consent, to provide regulations to give practical effect to the Act. These are secondary legislation.

Question 3

International Treaties

Answer 3

Royal Prerogative allows the executive (Prime Minister and Cabinet) to bind the UK to the rules of international treaties

Question 4

Conventions

Answer 4

A by-product of the uncodified parts of the UK Constitution. Given weight through acknowledgement of their existence but are, technically, non-binding

Question 5

Approaches a court will use to give meaning to statute

Answer 5

(1) literal rule (2) golden rule (3) mischief rule (4) purposive rule

Question 6

Civil Court System

Answer 6

Two main courts that deal with cases on first instance: County Court and High Court

Question 7

Vertical Binding

Answer 7

Rulings of higher courts bind those below them (e.g. decisions of Supreme Court and Court of Appeal bind the courts below them) provided the decision involves similar facts and similar laws

Question 8

Horizontal Binding

Answer 8

Courts of the same level binding themselves by their decisions. Judge sitting in a court of coordinate jurisdiction should follow decision unless there are cogent reasons for not doing so.

Question 9

Obiter dictum

Answer 9

Statements a judge may make in their summation - not actually essential to reaching their conclusion. Not binding precedent but may be used as persuasive authority as indicative of how the court might rule in other circumstances

Question 10

If all judges agree then the ratio from unanimous judgment is binding

Answer 10

If decision not unanimous, the opinion of a judge not in the minority can be treated as obiter dictum and serve as persuasive authority