Legal system of England and Wales

Question 1

Sources of law in England and Wales

Answer 1

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

Question 2

Rules of interpretation

Answer 2

• Literal rule
• Golden rule
• Mischief rule
• Purposive

Question 3

What is Literal rule of interpretation?

Answer 3

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

Question 4

What is Golden rule of interpretation

Answer 4

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

Question 5

What is Mischief rule?

Answer 5

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

Question 6

What is purposive rule?

Answer 6

Why statute exists?

Question 7

Expressio Unius.. means:

Answer 7

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

Question 8

Noscitur a Sociis

Answer 8

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

Question 9

In Pari Materia means

Answer 9

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

Question 10

Ejusdem Generis

Answer 10

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)

Question 11

List the presumptions:

Answer 11

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

Question 12

Name courts in civil system

Answer 12

County court
High court

Question 13

General Monetary threshold of claims for County court

Answer 13

less 100 000 (50 000 for personal injury)

Question 14

Which judges preside in County courts

Answer 14

Circuit
district

Question 15

Tracks in County court and thresholds

Answer 15

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

Question 16

Threshold for High court

Answer 16

• Complicated cases from Multitrack
• 50+

Question 17

Divisions of High court are

Answer 17

• King`s bench
  _ chancery
• Family

Question 18

King`s bench deals with cases

Answer 18

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

Question 19

Chancery division deals with cases

Answer 19

• land contracts
• trust
• wills

Question 20

Name court in criminal system

Answer 20

Magistrates court
Tribunals
Crown court

Question 21

Maximus sentence in Magistrates court

Answer 21

6 month and unlimited fine

Question 22

solicitor has automatic right to stand

Answer 22

Magistrates
County court
Family

Question 23

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

Answer 23

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

Question 24

What is the term for appeal

Answer 24

28 days

Question 25

Stare decisis means

Answer 25

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

Question 26

Tell about Supreme court decisions in terms of binding

Answer 26

- not binding for Supreme court - Binding for lower courts

Question 27

Tell about Court of appeal decisions in terms of binding

Answer 27

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

Question 28

Tell about High Court decisions in terms of binding

Answer 28

Binding for High court where it acted as appeal

Question 29

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

Answer 29

The latter one

Question 30

Name parts of court decision (latin)

Answer 30

Ratio decidendi Obiter dictum

Question 31

Which part of of court decision is binding (latin)

Answer 31

Ratio decidendi

Question 32

What Obiter dictum means

Answer 32

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

Question 33

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

Answer 33

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