Legal System of England and Wales

Question 1

Key features of England and Wales Legal System (4)

Answer 1

1. Common law
2. Adversarial system
3. Binding precedents
4. Judges enforce procedural rule

Question 2

Literal Rule

Answer 2

Apply the natural and ordinary meaning of the word

Question 3

Golden Rule

Answer 3

Words must be given their plain and ordinary meanings, given that they don’t result in absurdity or disproportionate outcomes

Question 4

Mischief Rule

Answer 4

Court seeks to find the mischief that the act looks to identify and determine outcome to achieve that remedy.

Question 5

Purposive Approach

Answer 5

Interpret legislation in line with the purpose of the act

Question 6

Expressio unius est exclusion alterius

Answer 6

Expression of one is the exclusion of others

Question 7

Noscitur a sociis

Answer 7

Words derive meaning from the company they keep

Question 8

Pari Materia

Answer 8

Upon the same matter or subject

Question 9

Ejusdem generis

Answer 9

Of the same type

Question 10

Presumptions when interpreting law (5)

Answer 10

1. Against allowing statutes to alter the common law
2. Against removing the court’s jurisdiction
3. Ambiguity in a criminal case will fall in favour of the defendant
4. Statutes cannot be retrospectively applied
5. Presumptions are capable of being rebutted

Question 11

Intrinsic Aids

Answer 11

Statue must be read as a whole and every word considered

Question 12

Extrinsic Aids

Answer 12

Dictionaries, Explanatory Notes and Hansard

Question 13

Categories of Alternative Dispute Resolution (3)

Answer 13

1. Meditation
2. Arbitration
3. Negotiated Settlements

Question 14

Appeal decision from District Judge to …

Answer 14

Circuit Judge

Question 15

Appeal decision from High Court Judge to …

Answer 15

Lord Justice of Appeal

Question 16

Court of Appeal can hear both…

Answer 16

Civil and Legal cases

Question 17

Courts that can be bound

Answer 17

Court of Appeal, but exceptions in certain civil and criminal cases