Legal System of England and Wales Flashcards
What are the two elements of Common Law?
- Legislation
- Case Law
What is the word for a system in which two opposing sides argue against each other and a judge acts as umpire?
Adversarial
The type of law that deals with issues between individuals and the state
Public Law
The type of law that deals with issues between individuals
Private Law
The type of law that deals with two or more individuals with state involvement
Criminal Law
The power that allows the executive to bind the UK in international treaties
Royal Prerogative
Type of legislation allowed by an Act which authorises another body to provide regulations
Secondary Legislation
The non-binding way things are usually done which carries weight in court
Convention
Uses the natural and ordinary meanings of words in a statute
Literal rule
Uses different meanings of words in a statute to avoid an absurd result
Golden rule
Adapts the words of a statute depending on the problem it was trying to remedy
Mischief rule
Adapts the words of a statute depending on its aim
Purposive rule
A word is interpreted by the company it keeps
Noscitur a Sociis
If one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded
Expressio Unius est Exclusio Alterius
Using another statute to help in interpretation of a matter upon the same subject
In Pari Materia
Interpretation rule meaning ‘of the same type’
Ejusdem generis
Term describing aids to interpretation found within a statute (e.g. preamble, marginal notes, schedules)
Intrinsic
Aids to interpretation found outside a statute (e.g. Hansard)
Extrinsic
Sub-divisions within County Court cases
Small claims, Fast and Multi track
Small claims track County Court cases deal with no more than £
£10,000 (or (£1,000 in personal injury cases)
Maximum value involved in County Court Fast Track cases
£25,000 (£10,000 in personal injury cases)
Types of County Court cases assigned to Multi-Track
- Involving over £25,000
- Too complicated for Fast Track
Minimum claim amount to start in High Court
£100,000
£50,000 if claim includes claim for personal injury
Divisions of the High Court
Chancery, King’s Bench, Family
High Court division dealing with land contracts, trusts and wills
Chancery Division
High Court Division dealing with Multi-Track claims for all civil law actions
King’s Bench Division
High Court Division that contains the Administrative Court
King’s Bench Division
Forms of ADR
- Mediation
- Arbitration
- Negotiated Settlement
Courts with solicitor’s automatic right of audience
County, Magistrates’, Family courts
The court that hears appeals against both appeals and verdict
Court of Appeal
Binding effect that binds Courts of First Instance < Court of Appeal < Supreme Court
Vertical Binding Effect
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
Horizontal Binding Effect
Statements said by judges in their summation which can be used as persuasive authority
Obiter Dictum
The binding part of a judgment
Ratio Decidendi
What is the maximum sentence a Magistrates’ Court may impose for a summary only offence?
6 months
What is the maximum sentence a Magistrates’ Court may impose for an either way offence?
6 months
What is the maximum sentence the Crown Court may impose for these either way offences?
- Assault with Bodily Harm (ABH)
- Theft
- 5 years
- 7 years
Which court hears indictable only offences?
Crown Court
Where would a decision of a County Court Circuit Judge be appealed?
High Court
Where would a decision of a County Court District Judge be appealed?
A Senior Circuit Judge at the County Court
Which courts may grant permission for an appeal from a High Court judgment?
The High Court or the Court of Appeal
To what court is an appeal from Magistrates’ Court taken?
Crown Court
To what court is an appeal from Crown Court taken?
Court of Appeal
What does ultra vires mean?
Beyond the scope of the court’s powers
What does stare decisis mean?
Prior decisions should stand
Which courts are not subject to horizontally binding precedent (not bound by earlier decisions of the same court)?
- Supreme Court
- Criminal Division of the Court of Appeal
What makes an earlier case relevant precedent?
Similar facts and similar laws were involved
What is the legal position regarding stare decisis and binding precedent in the Courts of England and Wales?
- Unanimous decision
- Majority decision
- Dissenting opinion
-Binding precedent
-Binding precedent
- Persuasive authority
