Legal System of England and Wales

Question 1

What are the two elements of Common Law?

Answer 1

• Legislation
• Case Law

Question 2

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

Answer 2

Adversarial

Question 3

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

Answer 3

Public Law

Question 4

The type of law that deals with issues between individuals

Answer 4

Private Law

Question 5

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

Answer 5

Criminal Law

Question 6

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

Answer 6

Royal Prerogative

Question 7

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

Answer 7

Secondary Legislation

Question 8

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

Answer 8

Convention

Question 9

Uses the natural and ordinary meanings of words in a statute

Answer 9

Literal rule

Question 10

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

Answer 10

Golden rule

Question 11

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

Answer 11

Mischief rule

Question 12

Adapts the words of a statute depending on its aim

Answer 12

Purposive rule

Question 13

A word is interpreted by the company it keeps

Answer 13

Noscitur a Sociis

Question 14

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

Answer 14

Expressio Unius est Exclusio Alterius

Question 15

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

Answer 15

In Pari Materia

Question 16

Interpretation rule meaning ‘of the same type’

Answer 16

Ejusdem generis

Question 17

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

Answer 17

Intrinsic

Question 18

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

Answer 18

Extrinsic

Question 19

Sub-divisions within County Court cases

Answer 19

Small claims, Fast and Multi track

Question 20

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

Answer 20

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

Question 21

Maximum value involved in County Court Fast Track cases

Answer 21

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

Question 22

Types of County Court cases assigned to Multi-Track

Answer 22

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

Question 23

Minimum claim amount to start in High Court

Answer 23

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

Question 24

Divisions of the High Court

Answer 24

Chancery, King’s Bench, Family

Question 25

High Court division dealing with land contracts, trusts and wills

Answer 25

Chancery Division

Question 26

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

Answer 26

King's Bench Division

Question 27

High Court Division that contains the Administrative Court

Answer 27

King's Bench Division

Question 28

Forms of ADR

Answer 28

- Mediation - Arbitration - Negotiated Settlement

Question 29

Courts with solicitor's automatic right of audience

Answer 29

County, Magistrates', Family courts

Question 30

The court that hears appeals against both appeals and verdict

Answer 30

Court of Appeal

Question 31

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

Answer 31

Vertical Binding Effect

Question 32

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

Answer 32

Horizontal Binding Effect

Question 33

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

Answer 33

Obiter Dictum

Question 34

The binding part of a judgment

Answer 34

Ratio Decidendi

Question 35

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

Answer 35

6 months

Question 36

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

Answer 36

6 months

Question 37

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

Answer 37

- 5 years - 7 years

Question 38

Which court hears indictable only offences?

Answer 38

Crown Court

Question 39

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

Answer 39

High Court

Question 40

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

Answer 40

A Senior Circuit Judge at the County Court

Question 41

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

Answer 41

The High Court or the Court of Appeal

Question 42

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

Answer 42

Crown Court

Question 43

To what court is an appeal from Crown Court taken?

Answer 43

Court of Appeal

Question 44

What does ultra vires mean?

Answer 44

Beyond the scope of the court's powers

Question 45

What does stare decisis mean?

Answer 45

Prior decisions should stand

Question 46

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

Answer 46

- Supreme Court - Criminal Division of the Court of Appeal

Question 47

What makes an earlier case relevant precedent?

Answer 47

Similar facts and similar laws were involved

Question 48

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

Answer 48

-Binding precedent -Binding precedent - Persuasive authority