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SQE > Legal system of England and Wales > Flashcards

Legal system of England and Wales Flashcards

1
Q

Sources of law in England and Wales

A
  • Statute
  • Secondary legislation (statutory instruments)
  • International Treaty
  • Case law
  • Works of Authority (aid to interpretation)
  • Conventions
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2
Q

Rules of interpretation

A
  • Literal rule
  • Golden rule
  • Mischief rule
  • Purposive
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3
Q

What is Literal rule of interpretation?

A

Literal rule - if words have clear meaning - court applies word as written (dead person cannot vote)

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4
Q

What is Golden rule of interpretation

A

If ordinary meaning of the word leads to absurd, court uses different meaning (vicinity of airfield)

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5
Q

What is Mischief rule?

A

What problem statute was aimed to remedy (carriage, bicycle)

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6
Q

What is purposive rule?

A

Why statute exists?

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7
Q

Expressio Unius.. means:

A

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

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8
Q

Noscitur a Sociis

A

The word is interpreted by the company it keeps. Courts consider context in which word is used. (Key - CONTEXT. refreshment-resort-entertainment)

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9
Q

In Pari Materia means

A

Can be applied where other statutes can assist with interpreting, as being upon the same matter or subject. Key: OTHER LAW

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10
Q

Ejusdem Generis

A

If general word is follows two or more specific words, general word will only apply to items that are like the specific word used. Key: auto-moto-truck and other VEHICLES. Land-based)

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11
Q

List the presumptions:

A
  • Against allowing statutes to alter common law
  • against removing court jurisdiction
  • ambiguity in criminal case - in favor of defendant
  • statutes cannot be retrospectively applied
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12
Q

Name courts in civil system

A

County court
High court

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13
Q

General Monetary threshold of claims for County court

A

less 100 000 (50 000 for personal injury)

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14
Q

Which judges preside in County courts

A

Circuit
district

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15
Q

Tracks in County court and thresholds

A
  • Small track (10/1)
  • Fast track (25/10)
  • Multi track (25+)
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16
Q

Threshold for High court

A
  • Complicated cases from Multitrack
  • 50+
17
Q

Divisions of High court are

A
  • King`s bench
    _ chancery
  • Family
18
Q

King`s bench deals with cases

A
  • from multitrack
  • 100/50
  • judicial review (Administrative court)
19
Q

Chancery division deals with cases

A
  • land contracts
  • trust
  • wills
20
Q

Name court in criminal system

A

Magistrates court
Tribunals
Crown court

21
Q

Maximus sentence in Magistrates court

A

6 month and unlimited fine

22
Q

solicitor has automatic right to stand

A

Magistrates
County court
Family

23
Q

Name all court system: from the bottom to the top. Plus divisions

A

First Instance:
Civil
- County court (Small track, Fast track, Multi track)
- Family
- High court (King`s bench, Chancery, Family, Administrative )
Criminal
- Magistrates
- Tribunal
- Crown
Appeal
Court of appeal (civil/Criminal division)
Supreme court

24
Q

What is the term for appeal

A

28 days

25
Q

Stare decisis means

A

Let decision stand, a principle, that court holdings in previous cases dictate result in later in same law and similar facts

26
Q

Tell about Supreme court decisions in terms of binding

A
  • not binding for Supreme court
  • Binding for lower courts
27
Q

Tell about Court of appeal decisions in terms of binding

A
  • Binding for Court of appeal in civil
  • not binding for Court of appeal in Criminal (if decision was wrong, would cause hardship)
28
Q

Tell about High Court decisions in terms of binding

A

Binding for High court where it acted as appeal

29
Q

If there are conflicting decisions with the same court, which decision should be taken?

A

The latter one

30
Q

Name parts of court decision (latin)

A

Ratio decidendi
Obiter dictum

31
Q

Which part of of court decision is binding (latin)

A

Ratio decidendi

32
Q

What Obiter dictum means

A

Other statements of court (example, how court may have ruled), which are not binding

33
Q

Which part of court decision is binding if unanimous / split decision

A

If Unanimous - ratio is binding
If split - ratio from majority is banding. Minority - never binding

34
Q
A

SQE (5 decks)

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