Legal system of England and Wales Flashcards
Sources of law in England and Wales
- Statute
- Secondary legislation (statutory instruments)
- International Treaty
- Case law
- Works of Authority (aid to interpretation)
- Conventions
Rules of interpretation
- Literal rule
- Golden rule
- Mischief rule
- Purposive
What is Literal rule of interpretation?
Literal rule - if words have clear meaning - court applies word as written (dead person cannot vote)
What is Golden rule of interpretation
If ordinary meaning of the word leads to absurd, court uses different meaning (vicinity of airfield)
What is Mischief rule?
What problem statute was aimed to remedy (carriage, bicycle)
What is purposive rule?
Why statute exists?
Expressio Unius.. means:
If one or more things of a class are expressly mentioned, the things not mentioned are excluded.
Noscitur a Sociis
The word is interpreted by the company it keeps. Courts consider context in which word is used. (Key - CONTEXT. refreshment-resort-entertainment)
In Pari Materia means
Can be applied where other statutes can assist with interpreting, as being upon the same matter or subject. Key: OTHER LAW
Ejusdem Generis
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)
List the presumptions:
- Against allowing statutes to alter common law
- against removing court jurisdiction
- ambiguity in criminal case - in favor of defendant
- statutes cannot be retrospectively applied
Name courts in civil system
County court
High court
General Monetary threshold of claims for County court
less 100 000 (50 000 for personal injury)
Which judges preside in County courts
Circuit
district
Tracks in County court and thresholds
- Small track (10/1)
- Fast track (25/10)
- Multi track (25+)
Threshold for High court
- Complicated cases from Multitrack
- 50+
Divisions of High court are
- King`s bench
_ chancery - Family
King`s bench deals with cases
- from multitrack
- 100/50
- judicial review (Administrative court)
Chancery division deals with cases
- land contracts
- trust
- wills
Name court in criminal system
Magistrates court
Tribunals
Crown court
Maximus sentence in Magistrates court
6 month and unlimited fine
solicitor has automatic right to stand
Magistrates
County court
Family
Name all court system: from the bottom to the top. Plus divisions
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
What is the term for appeal
28 days
Stare decisis means
Let decision stand, a principle, that court holdings in previous cases dictate result in later in same law and similar facts
Tell about Supreme court decisions in terms of binding
- not binding for Supreme court
- Binding for lower courts
Tell about Court of appeal decisions in terms of binding
- Binding for Court of appeal in civil
- not binding for Court of appeal in Criminal (if decision was wrong, would cause hardship)
Tell about High Court decisions in terms of binding
Binding for High court where it acted as appeal
If there are conflicting decisions with the same court, which decision should be taken?
The latter one
Name parts of court decision (latin)
Ratio decidendi
Obiter dictum
Which part of of court decision is binding (latin)
Ratio decidendi
What Obiter dictum means
Other statements of court (example, how court may have ruled), which are not binding
Which part of court decision is binding if unanimous / split decision
If Unanimous - ratio is binding
If split - ratio from majority is banding. Minority - never binding
