Legal System of England and Wales

Question 1

explain the modern court structure

Answer 1

Question 2

which courts hear trials, which courts hear appeals?

Answer 2

Question 3

explain the following…

1. affirming
2. applying
3. departing
4. overruling
5. reversing

Answer 3

(a) Affirming – a higher court confirms it agrees with the appeal before it from a lower court.

(b) Applying – a court adopts statements or reasoning from other decisions.

(c) Departing – a court of one level disagrees with a previous decision, in another matter, by an equal court.

(d) Overruling – a higher court comments on a previous unrelated decision by a lower court and declares it to be wrong.

(e) Reversing – a higher court disagrees with the earlier decision, in the same proceedings, of a lower court.

Question 4

explain the different methods of statutory interpretation

Answer 4

Question 5

Courts also use various presumptions when interpreting statutes. What are they?

Answer 5

(a) against alteration of the common law. Unless the statute expressly states an intention to alter the common law, the interpretation that does not alter the existing law will be preferred;

(b) against the retrospective operation of statutes. Where an Act of Parliament becomes law, a presumption arises that it will apply only to future actions, unless the legislation is specifically stated to have retrospective effect;

(c) against criminal liability without guilty intention (mens rea). If a statute creates a new criminal offence, it is presumed that the defendant must have a ‘guilty mind’ to be convicted of that offence, unless Parliament makes it clear that the offence is one of strict liability;

(d) against deprivation of the liberty of the individual. If there are two possible constructions of a statutory provision – one that is in favour of the defence and the other that is in favour of the prosecution – the construction that favours the defence should be used,
unless Parliament intends the opposite;

(e) against deprivation of property or interference with private rights;

(f) against binding the Crown. Unless there is a clear statement to the contrary, legislation is presumed not to apply to the Crown; and

(g) against ousting the jurisdiction of the courts.

Question 6

when might the courts use Hansard as an aid for statutory interpretation?

Answer 6

• Hansard = record of Parliamentary debates
• may be used where:
  i) the statue is ambiguous or the literal meaning leads to absurdity
  ii) the material in Hansard consists of clear statements by a minister or other promoter of the bill