Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SQE1 > Legal System of England and Wales > Flashcards

Legal System of England and Wales Flashcards

1
Q

What are the two elements of Common Law?

A
  • Legislation
  • Case Law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the word for a system in which two opposing sides argue against each other and a judge acts as umpire?

A

Adversarial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The type of law that deals with issues between individuals and the state

A

Public Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The type of law that deals with issues between individuals

A

Private Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The type of law that deals with two or more individuals with state involvement

A

Criminal Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The power that allows the executive to bind the UK in international treaties

A

Royal Prerogative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Type of legislation allowed by an Act which authorises another body to provide regulations

A

Secondary Legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The non-binding way things are usually done which carries weight in court

A

Convention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Uses the natural and ordinary meanings of words in a statute

A

Literal rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Uses different meanings of words in a statute to avoid an absurd result

A

Golden rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Adapts the words of a statute depending on the problem it was trying to remedy

A

Mischief rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Adapts the words of a statute depending on its aim

A

Purposive rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A word is interpreted by the company it keeps

A

Noscitur a Sociis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded

A

Expressio Unius est Exclusio Alterius

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Using another statute to help in interpretation of a matter upon the same subject

A

In Pari Materia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Interpretation rule meaning ‘of the same type’

A

Ejusdem generis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Term describing aids to interpretation found within a statute (e.g. preamble, marginal notes, schedules)

A

Intrinsic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Aids to interpretation found outside a statute (e.g. Hansard)

A

Extrinsic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Sub-divisions within County Court cases

A

Small claims, Fast and Multi track

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Small claims track County Court cases deal with no more than £

A

£10,000 (or (£1,000 in personal injury cases)

21
Q

Maximum value involved in County Court Fast Track cases

A

£25,000 (£10,000 in personal injury cases)

22
Q

Types of County Court cases assigned to Multi-Track

A
  • Involving over £25,000
  • Too complicated for Fast Track
23
Q

Minimum claim amount to start in High Court

A

£100,000
£50,000 if claim includes claim for personal injury

24
Q

Divisions of the High Court

A

Chancery, King’s Bench, Family

25
Q

High Court division dealing with land contracts, trusts and wills

A

Chancery Division

26
Q

High Court Division dealing with Multi-Track claims for all civil law actions

A

King’s Bench Division

27
Q

High Court Division that contains the Administrative Court

A

King’s Bench Division

28
Q

Forms of ADR

A
  • Mediation
  • Arbitration
  • Negotiated Settlement
29
Q

Courts with solicitor’s automatic right of audience

A

County, Magistrates’, Family courts

30
Q

The court that hears appeals against both appeals and verdict

A

Court of Appeal

31
Q

Binding effect that binds Courts of First Instance < Court of Appeal < Supreme Court

A

Vertical Binding Effect

32
Q

What ‘effect’ is being described?
A judge should follow precedent from a court of of co-ordinate jurisdiction unless there are cogent reasons for not doing so

A

Horizontal Binding Effect

33
Q

Statements said by judges in their summation which can be used as persuasive authority

A

Obiter Dictum

34
Q

The binding part of a judgment

A

Ratio Decidendi

35
Q

What is the maximum sentence a Magistrates’ Court may impose for a summary only offence?

A

6 months

36
Q

What is the maximum sentence a Magistrates’ Court may impose for an either way offence?

A

6 months

37
Q

What is the maximum sentence the Crown Court may impose for these either way offences?
- Assault with Bodily Harm (ABH)
- Theft

A
  • 5 years
  • 7 years
38
Q

Which court hears indictable only offences?

A

Crown Court

39
Q

Where would a decision of a County Court Circuit Judge be appealed?

A

High Court

40
Q

Where would a decision of a County Court District Judge be appealed?

A

A Senior Circuit Judge at the County Court

41
Q

Which courts may grant permission for an appeal from a High Court judgment?

A

The High Court or the Court of Appeal

42
Q

To what court is an appeal from Magistrates’ Court taken?

A

Crown Court

43
Q

To what court is an appeal from Crown Court taken?

A

Court of Appeal

44
Q

What does ultra vires mean?

A

Beyond the scope of the court’s powers

45
Q

What does stare decisis mean?

A

Prior decisions should stand

46
Q

Which courts are not subject to horizontally binding precedent (not bound by earlier decisions of the same court)?

A
  • Supreme Court
  • Criminal Division of the Court of Appeal
47
Q

What makes an earlier case relevant precedent?

A

Similar facts and similar laws were involved

48
Q

What is the legal position regarding stare decisis and binding precedent in the Courts of England and Wales?
- Unanimous decision
- Majority decision
- Dissenting opinion

A

-Binding precedent
-Binding precedent
- Persuasive authority

SQE1 (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions