Legal System of England and Wales

Question 1

A statute made it an offence ‘to impersonate any person entitled to vote.’ An individual impersonated another person to use their vote, and was taken to court under the relevant statute. However, the person that the individual was impersonating was on the electoral register but had died before the election.

Applying the literal rule of statutory interpretation, what would be the likely judgement in this case?

Answer 1

Under the literal rule, the individual could not be convicted of an offence of impersonation as ‘any person entitled to vote’ would be interpreted literally and cannot include dead people, even though this cannot have been the intention of Parliament when the statute was written. Despite this, on a literal interpretation, the judge would be required to follow the literal words of the statute.

Question 2

An Act of Parliament prohibited betting in a ‘house, office, room, or other place’. A case came before the court to determine whether an outside parade ring at a racecourse constituted an ‘other place’ for the purposes of the Act. The court held that the general phrase ‘other place’ was preceded by specific words that created a class of indoor places, and therefore betting in the outdoor ring would not fall foul of the Act.

Which rule of statutory interpretation would the court have used to come to this conclusion?

Answer 2

The ejusdem generis rule of language means that if a general word follows two or more specific words, the general word will apply only to items that are like the specific words used. So in the example, the specific words created a class of indoor places, and the parade ring was outside, so it would not fall into the same class.

Question 3

A solicitor is advising their client who is a respondent in divorce proceedings. The proceeding is quite complex as it involves many assets in different jurisdictions as well as a potential child abduction.

What type of Judge is likely to hear this matter?

Answer 3

A High Court Judge as complex matters like this go to the Family Division at the High Court where a High Court Judge sits.

Question 4

A woman fractured her leg when she fell off a rollercoaster at a well-known theme park. The theme park has admitted fault. The woman has submitted a claim for £9,000 for her fractured leg.

In what court would the claim most likely be heard?

Answer 4

Personal injury claims for more than £5,000 and up to £25,000 are allocated to the fast track unless they are too complex. Here, the claim is for £9,000, and as the theme park has admitted liability, the case is almost certainly not too complex for Fast Track.

Personal injury claims for more than £5,000 and up to £25,000 are allocated to the fast track unless they are too complex. Here, the claim is for £9,000, and as the theme park has admitted liability, the case is almost certainly not too complex for Fast Track.

Question 5

A truck driver and a construction worker were arguing in a pub about football. The truck driver became aggravated and punched the construction worker. As the construction worker fell to the ground, his head hit a chair and he was knocked unconscious. An off-duty police officer who was also in the pub arrested the truck driver for breach of peace. The construction worker died later that night from a brain injury caused by the fall. Murder charges are brought against the truck driver and the construction worker’s family wants to file a claim in civil court.

Which of the following courts would deal solely with the criminal case?

Answer 5

Crown Court. There are courts that deal with both civil and criminal cases. There are only two courts that are wholly separate. The Crown Court deals solely with criminal cases.

Question 6

A woman was charged with a summary only Public Order Act offence.

If the woman is convicted, which of the following is the maximum sentence the judge could impose?

Answer 6

Six months’ imprisonment.

A summary only offence may be tried only in Magistrates’ Court. The maximum sentence that may be imposed in Magistrates’ Court for a single offence is six months’ imprisonment. (Of course, the actual sentence also would be limited by the maximum sentence authorized for the specific crime.)

Question 7

A judge is delivering judgement. In doing so, the judge states “words must be given their plain, ordinary meaning unless to do so would produce an absurd result”.

What term best describes the judge’s statement?

Answer 7

The golden rule.

The golden rule is a modification of the literal rule and provides that words must be given their plain, ordinary meaning unless to do so would produce an absurd result.

Question 8

An adult male decides to scare his friend by jumping out of the bushes near his house. When the man jumps out from the bushes, his friend is frightened, jumps into the road, and is hit by a car which breaks his arm.

In which courts and in what order could this case arrive?

Answer 8

The Crown court first (for criminal charges), and after that the case can go to the County Court (for civil proceedings).

The prosecution can bring criminal proceedings for the bodily harm suffered and the claimant can bring proceedings in negligence for the bodily harm suffered and potentially win damages. In such instances the civil case takes place once the criminal proceedings have concluded.

Question 9

United Against Fracking, a pressure group, want to bring a legal challenge against the local authority for unlawfully awarding a contract to fracking company Peters & Co Fracking Plc.

In which court would the judicial review be first heard?

Answer 9

The King’s Bench Division.

A subdivision of the King’s Bench Division - the Administrative Court - hears applications for judicial review against decisions made by the government on legal grounds. The Chancery Division

Question 10

A negligence case is being heard on appeal in the Court of Appeal. The lower court found that a fish pond was negligently installed in the claimant’s garden and found the installer liable based on a certain statute. Two years ago, the Court of Appeal heard a case under the same statute but the case involved negligent construction of a garden building. In that case, the Court of Appeal found that the installer did come within the statute.

In what circumstances can the Court of Appeal depart from its earlier decision?

Answer 10

The Court of Appeal has generous discretion to depart from its own decisions in criminal cases but rarely in civil cases, and it cannot depart from a Supreme Court decision under any circumstance.

The Court of Appeal is bound by its own decisions in civil cases but there are exceptions to this rule. In criminal cases the Court of Appeal has a generous discretion to depart from one of its own decisions where it is convinced that the case was wrongly decided. Decisions of the Supreme Court, however, must be followed.

Question 11

A solicitor believes that the process that a court used to arrive at a judgment against the solicitor’s client was ultra vires.

Which of the following statements best describes what ultra vires means?

Answer 11

Beyond the scope of the court’s powers.

The term ultra vires means an action beyond the scope of the actor’s powers.

Question 12

The Minister for Defence, a member of government, wishes to enter into a bilateral treaty with the United States for the safeguarding of British overseas territories.

Which UK institutions can exercise the prerogative power to enter a bilateral treaty?

Answer 12

The Executive alone.

The Executive has the authority to exercise the royal prerogative without authorisation from the Judiciary or Parliament. The Prime Minister has the power to make and ratify treaties alone. The other choices are incorrect because only the Executive has the prerogative power.

Question 13

A solicitor was asked to speak to lawyers from a civil code jurisdiction. The lawyers were particularly interested in learning about precedent.

Which of the following statements best explains the doctrine of precedent in UK law?

Answer 13

Under the doctrine of precedent, courts can be bound vertically and horizontally.

The best explanation is that the doctrine of precedent allows for both vertical and horizontal binding effect. Lower courts are bound by decisions of higher courts and in some cases, court decisions are binding on courts of the same level.

Question 14

Once a point of law is established by a judge in a case, it becomes part of the common law. The inflexibility of the common law is addressed by the principles of equity, which is designed to provide flexibility and fairness.

Which of the following is true regarding remedies in equity?

Answer 14

A common law remedy and an equitable remedy may be granted by the same court.

Due to the merger of common law and chancery courts, a common law remedy and an equitable remedy may be granted in one action by the same court.

Question 15

What is the role of the judge in the legal system of England and Wales?

Answer 15

To serve as an umpire between the parties and to decide the dispute.

Question 16

A solicitor working at a firm is asked to research Criminal Finances Act 2017 c. 22. What is the name given to this type of reference to an Act of Parliament?

Answer 16

Its citation.

Question 17

What is the difference between ‘primary legislation’ and ‘secondary or tertiary legislation’?

Answer 17

Primary legislation is passed directly by Parliament, whereas secondary legislation is not.

Secondary legislation is made under the authorisation of Parliament.

Question 18

What other name can be given to statutory instruments?

Answer 18

Secondary legislation

Question 19

Which UK institutions can exercise the prerogative power to enter a bilateral treaty?

Answer 19

The Executive alone.

Question 20

Describe the statutory interpretation - The court applies the ordinary meaning of words to a statute.

Answer 20

The Literal Rule

Question 21

Describe the statutory interpretation - The court looks to the problem the statute was designed to remedy.

Answer 21

The Mischief Rule

Question 22

Describe the statutory interpretation - The court uses something other than a word’s ordinary meaning to avoid an absurd result

Answer 22

The Golden Rule

Question 23

Describe the statutory interpretation - The court looks at documents extraneous to the statute (such as the content of debates) to determine why the statute was passed.

Answer 23

The Purposive Approach

Question 24

Describe the statutory interpretation - A statute makes it an offence to be in the vicinity of a commercial airport hangar without prior authorisation. A woman is found in a commercial hangar, but the judge nevertheless finds the woman guilty of the offence

Answer 24

The Golden Rule

Question 25

Describe the statutory interpretation - A judge considers the Hansard when interpreting a statute.

Answer 25

The Purposive Approach

Question 26

Describe the statutory interpretation - A law prohibits a person from selling illegal drugs in the street or any public place. A woman was arrested for selling illegal drugs in her home. The judge interpreted the statute as including selling illegal drugs from a private home.

Answer 26

The Mischief Rule

Question 27

Describe the statutory interpretation - A man voted using his deceased brother’s name. He was discovered and charged with the offence of impersonating a person entitled to vote. The judge found the man not guilty because a dead person is not entitled to vote.

Answer 27

The Literal Rule

Question 28

In what circumstances would it be appropriate for a judge to use the literal approach to interpret a statute?

Answer 28

When the judge decides that a literal interpretation does not lead to an absurd result and there is no ambiguity in the words of the statute.

Question 29

Describe the statutory interpretation -Ambiguous general words in a statutory section which follow specific words should be interpreted as referring to things of the same type as the specific words.

Answer 29

Ejusdem generis

Question 30

Describe the statutory interpretation -Ambiguous words in a statutory section should be interpreted in the context of the statutory section (that is, words should be interpreted by the company they keep).

Answer 30

Noscitur a sociis

Question 31

Describe the statutory interpretation - If a statutory section lists specific items of a class without a general catch-all, other items of the same class are impliedly excluded.

Answer 31

Expressio unius est exclusio alterius

Question 32

Describe the statutory interpretation -Ambiguous words in a statutory section should be interpreted consistently with the same words in statutes touching on the same matter.

Answer 32

Pari Materia

Question 33

Describe the statutory interpretation - A statute provides that all houses that are kept open for public refreshment, resort, and entertainment must have a license. The owner of a café that only served food was fined for not having a license under the statute. The owner argued that she did not need a license because she did not provide entertainment. The judge upheld the fine, ruling that the word entertainment did not mean musical entertainment but rather the reception and accommodation of people.

Answer 33

Noscitur a sociis

Question 34

Describe the statutory interpretation - A statute prohibits the possession of firearms, explosives, cudgels, knives, or any other type of offensive weapon within a cinema. A man became angry with a person who was talking during a movie and stabbed the person with a pen. The man was charged with battery and possession of a dangerous weapon under the statute. The man was acquitted of the weapons charge.

Answer 34

Ejusdem generis

Question 35

Describe the statutory interpretation - A statute provides that places of public entertainment that sell food must be licensed to do so. However, the statute exempts cinemas that sell popcorn, ice cream, and/or sweets. The owner of a cinema that sells sandwiches and chips in addition to popcorn, ice cream, and sweets was fined for not having a license. The owner defends, claiming to be exempt under the statute. The judge upholds the fine.

Answer 35

Expressio unius est exclusio alterius

Question 36

Describe the statutory interpretation - A food safety statute provides that ‘places of public refreshment’ must be licensed if they sell food. The statute does not define ‘places of public refreshment’. The owner of a cinema that sells popcorn, ice cream, and sweets was fined under the statute for not having a license. The owner defended, arguing a cinema is not a ‘place of public refreshment’. Using the definition of ‘places of public refreshment’ from a statute regulating places of entertainment, the judge upheld the fine.

Answer 36

Pari Materia

Question 37

Can presumptions be applied in criminal cases?

Answer 37

Yes, a presumption that favours the defendant in the case of an ambiguity.

Question 38

What are the general monetary limitations for cases allocated to the small claims track of the County Court?

Answer 38

£10,000 (and £1,000 for personal injury cases)

Question 39

What is/are the general monetary limitations for cases allocated to the multi- track of the County Court?

Answer 39

More than £25,000 unless too complex for the other tracks

Question 40

What is the general monetary floor for civil cases to be brought in the High Court?

Answer 40

More than £50,000

Question 41

Describe the divisions of the High Court?

Answer 41

Chancery Division, Family Division, King’s Bench Division

Question 42

Alternative Dispute Resolution - The parties meet on their own to settle their dispute.

Answer 42

Negotiated settlement

Question 43

Alternative Dispute Resolution - The parties appoint a neutral third party who discusses the case individually with each party and then issues a final order deciding the case.

Answer 43

Arbitration

Question 44

Alternative Dispute Resolution - The parties appoint a neutral third party to guide them through discussions and aid them in arriving at a solution for themselves.

Answer 44

Mediation

Question 45

In which court is an indictable only offense heard?

Answer 45

In the Crown Court only

Question 46

What is the maximum sentence a Magistrates’ Court may impose for a summary only or either way offence?

Answer 46

For a summary offence, 6 months; for an either way offence, 6 months

Question 47

Can a solicitor who serves as a trial advocate in Magistrates’ Court represent a defendant in Crown Court?

Answer 47

Yes, if the solicitor completed additional advocacy assessments and was granted higher rights of audience.

Question 48

Can a newly qualified solicitor represent clients in County Court?

Answer 48

Yes, qualified solicitors may represent clients in County Court.

Question 49

Can a qualified solicitor represent clients in High Court?

Answer 49

Yes, if the solicitor completed additional advocacy assessments and was granted higher rights of audience.

Question 50

Where would a decision of a County Court District Judge be appealed?

Answer 50

A Senior Circuit Judge at the County Court

Question 51

Where would a decision of a County Court Circuit Judge be appealed?

Answer 51

The High Court

Question 52

Where would a decision of a High Court judge be appealed?

Answer 52

The Court of Appeal

Question 53

What court must grant permission for an appeal from a High Court judgment?

Answer 53

The High Court or the Court of Appeal

Question 54

To what court is an appeal from Magistrates’ Court taken?

Answer 54

The Crown Court

Question 55

To what court is an appeal from Crown Court taken?

Answer 55

The Court of Appeal

Question 56

A judgment is appealed to the Administrative Division of the High Court on the basis it was ultra vires. Which of the following statements best describes what ultra vires means?

Answer 56

Beyond the scope of the court’s powers

Question 57

What does stare decisis mean?

Answer 57

Prior decisions should stand

Question 58

Which courts are not subject to horizontally binding precedent, that is, not bound by earlier decisions of the same court?

Answer 58

The Supreme Court and The criminal division of the Court of Appeal

Question 59

What is the effect of vertical binding precedent?

Answer 59

Lower courts are bound by the earlier decisions of higher courts.

Question 60

What makes an earlier case relevant precedent?

Answer 60

Similar facts and similar laws were involved

Question 61

Which of the following states the correct legal position regarding stare decisis and precedent in the Courts of England and Wales?

Answer 61

Both unanimous decisions and majority opinions create binding legal precedent, but a dissenting opinion can create persuasive authority.

Question 62

A thief is charged with theft, an either way offence. The thief believes that a jury will be more likely to acquit them, and thus wants a jury to hear their case.

In which court would the thief get a jury trial in their criminal case?

Answer 62

In the Crown Court only.

An either way offence may be heard in either the Crown Court or the Magistrates’ Court if the defendant agrees to be tried without a jury. Given that the thief wants a jury trial, the case must be heard in the Crown Court only.

Question 63

An import duty was imposed on ‘cuticle knives, corn knives, nail files, tweezers, and forceps’. A jewelry store owner did not want to pay the duty on an expensive pair of jewelers’ tweezers. The court held that the term ‘tweezers’ did not include ‘jewelers’ tweezers.’

Which rule of language did the court most likely use to come to this judgement?

Answer 63

Noscitur a sociis.

This phrase stands for the doctrine that the company interprets a word it keeps. That is, when interpreting a statute, courts consider the words in the same section as the word in dispute. In other words, courts consider the context. In this case, the items listed were all used for manicures and pedicures (that is, care of fingernails and toenails), and the jewelers’ tweezers did not fit into this group.

Question 64

What does Noscitur a sociis stand for

Answer 64

This phrase stands for the doctrine that the company interprets a word it keeps.

Question 65

A shopper was severely injured when they slipped and fell in a shop. The shopper brings a Multi-Track claim against the shop. The claim is heard by a district court judge, who finds that the shop was not negligent.

What court would hear an appeal by the shopper?

Answer 65

The County Court.

Appeals from a case heard by a District Judge in County Court is to a Circuit Judge in County Court.

Question 66

Certain business owners in the United Kingdom have lobbied for the United Kingdom to enter into a treaty with New Zealand to facilitate cooperation on scientific research and technological innovation.

Who would exercise the prerogative power to enter such a treaty?

Answer 66

The Executive alone.

Question 67

To combat the rise in drug addiction, a statute made it an offence to sell illegal drugs on the street or in public. A man sold drugs from their balcony, attracting the attention of passersby by banging a cooking pan on their metal railing and directing any agreeing passersby to a nearby door to buy illegal drugs.

The man’s actions soon drew the attention of the local police. A police officer dressed in street clothes indicated he had an interest in buying illegal drugs, the man directed him to the nearby door, and the police officer paid the man money and received a packet of cocaine from the man. The police officer then arrested the man and he was charged with selling illegal drugs on the street in violation of the statute.

A judge found the man to be guilty of the offence after looking at debates contained in Hansard.

Which of the following rules of interpretation was the judge most likely relying?

Answer 67

The Purposive Approach.

Under the Purposive Approach, the court will look at documents extraneous to the statute to determine why the statute was passed. Here, the court looked at the Hansard, which is a secondary source, to determine the meaning of the statute, and so this approach was used.

Question 68

A statute imposed an import duty on ‘cuticle knives, corn knives, nail files, tweezers, and hand forceps’. A jewelry store owner did not want to pay the duty on an expensive pair of jewelers’ tweezers and challenged the duty on the grounds that a jewelers’ tweezers was not contemplated by that statute.

A judge believes that, in interpreting the statute, the ordinary meaning of words in a statute must be applied and thus a duty must be imposed on the tweezers.

Which of the rules of interpretation did the court use?

Answer 68

The Literal Rule.

When the Literal Rule is used, the court applies the ordinary meaning of the words to a statute. Here, the meaning of ‘tweezers’ was literally used to apply the duty.

Question 69

A computer hacker is charged with a computer misuse offence. It is alleged that the hacker used their state-of-the-art mobile phone to access the bank account of another person. The relevant statute provides, in part, that ‘a person is guilty of an offence if he causes a computer to perform any function with intent to secure access to any program or data. . . .’ The judge looked at how other theft statutes treated mobile phones in deciding that using a mobile phone should come within the purview of the relevant statute.

What rule of interpretation did the judge use in reaching this conclusion?

Answer 69

In Pari Materia.

When the judge interprets a statute using the in pari materia doctrine, ambiguous words in a statutory section should be interpreted consistently with the same words in statutes touching on the same matter. Here, the judge used other theft statutes to interpret the relevant statute.

Question 70

A statute provides that a person must not use a motor vehicle on a road or other public place unless there is an insurance policy in force. A man had parked their car on the road, but they removed the car’s tires and placed the car on blocks. The man would go out every night to listen to the car’s radio. The man cancelled the car’s insurance after a couple of months.

One afternoon, a cyclist crashed into the car with sufficient force that it slipped off one of the blocks and crushed the cyclist’s ankle.

When it was discovered that an insurance policy was not in place for the car, the man was charged with violation of the statute, and the judge in the case found him guilty.

Which statutory rule of interpretation did the judge most likely apply in determining that the man was using the car on a public road?

Answer 70

The Mischief Rule.

A court applying the Mischief Rule of interpretation determines what mischief the statute in question was set out to remedy and interprets the statute in a way that would best achieve that result. If the man was found guilty under the statute, it would be because the court found the statute was intended to require insurance of any vehicle that could potentially be a hazard on the road, and a parked car meets this definition.

Question 71

A lorry driver drove very recklessly through a zebra crossing and killed a pedestrian. The pedestrian’s family initiates a Multi-Track claim for £150,000 against the driver, and the driver is charged with an indictable only offence as a result of their actions.

Which courts would hear the cases?

Answer 71

The County Court or the High Court, King’s Bench Division would hear the civil case, whereas the Crown Court would hear the criminal case.

The civil claim could be initiated in either the County Court or the High Court, King’s Bench Division. Complex claims should be initiated in the High Court, King’s Bench Division, if (1) the financial value of the claim and the amount in dispute are high; (2) the case is complex; or (3) the outcome of the case is important to the general public. None of these factors appears to be present in this case. The Crown Court hears indictable only offences.

Question 72

A doctor negligently performed a surgery on a patient. Due to resulting complications, the patient was hospitalised for several months and required several additional and complex operations.

The patient has not been able to work for the past year and is unlikely to be able to work for several more months. The patient’s annual income before the operation had been £42,000. As a result of their injuries, the patient has also spent £25,000 modifying their home to accommodate for their injuries.

The patient instructed a solicitor to sue the doctor for damages resulting from the doctor’s negligence.

What court should the solicitor initiate proceedings?

Answer 72

The High Court, King’s Bench Division.

The action should be initiated in the High Court, King’s Bench Division, because the claim is likely to be considered complex due to the extensive operations and to exceed the County Court’s £50,000 threshold.

Question 73

A tradesperson brought a claim in the County Court against a homeowner when the homeowner failed to pay for work done. The case was heard before a District Judge, and the District Judge found for the defendant homeowner. The tradesperson wishes to appeal.

From which of the following must the tradesperson seek permission to appeal?

Answer 73

The District Judge who heard the case in the County Court; or, if they refuse to do so, a Circuit Judge of that County Court.

Permission for appeal must be sought from the court that heard the case initially, which here is the District Judge in the County Court. If the District Judge refuses, permission may be sought from the court that will hear the appeal, which here is the Circuit Judge in the County Court.

Question 74

A driver was involved in a road traffic accident case with a famous celebrity. The driver was unhurt, but her car required repair at a cost of £15,000. The celebrity refused to believe they could have caused that much damage to the driver’s car and so refused to reimburse the driver for the bill. Accordingly, the driver would like to proceed with a claim for £15,000.

To which track in the County Court would the claim be allocated?

Answer 74

The Fast Track.

A claim with a value between £10,000 and up to £25,000 is allocated to the fast track unless it is too complex. Here, the claim is for £15,000, and the claim involves damage to a car, which is a common occurrence and likely not too complex for Fast Track.

Question 75

What type of legal system does England and Wales have?

Answer 75

A common law system, relying on statutes, regulations, and judgments from prior cases.

Question 76

What is the role of judges in England and Wales?

Answer 76

Judges act as umpires, deciding disputes without questioning witnesses; this is the counsel’s role.

Question 77

Name the key parts of an Act of Parliament.

Answer 77

Preamble (e.g., “BE IT ENACTED…”)
Extent Provision (states geographic application)
Short Title (e.g., “Offensive Weapons Act 2019”)
Enabling Provision (sets commencement terms).

Question 78

What distinguishes primary, secondary, and tertiary legislation?

Answer 78

Primary: Passed directly by Parliament.
Secondary/Tertiary: Made under Parliament’s authorization (e.g., statutory instruments).

Question 79

What is the prerogative power in the UK, and who exercises it?

Answer 79

The Executive Branch exercises prerogative powers, such as entering bilateral treaties.

Question 80

What are the four main rules of statutory interpretation?

Answer 80

Literal Rule: Ordinary meaning of words applied, even if harsh.
Golden Rule: Adjusts words to avoid absurd results.
Mischief Rule: Considers the problem the statute addresses.
Purposive Approach: Examines extraneous materials like Hansard debates.

Question 81

Give an example of the Literal Rule.

Answer 81

A man impersonates a deceased voter. Judge rules “not guilty” since dead people cannot vote.

Question 82

Explain Ejusdem Generis with an example.

Answer 82

General words after specific items apply to the same type (e.g., “offensive weapons” excludes pens).

Question 83

Define Noscitur a Sociis and give an example.

Answer 83

Words interpreted by their context (e.g., “entertainment” in statute interpreted as accommodating people).

Question 84

What is Expressio Unius Est Exclusio Alterius?

Answer 84

Mentioning specific items implies exclusion of others not listed.

Question 85

What does In Pari Materia mean?

Answer 85

Ambiguous words interpreted consistently across related statutes.

Question 86

What are the monetary limits for County Court tracks?

Answer 86

Small Claims: ≤ £10,000 (£1,000 for personal injury).
Fast Track: ≤ £25,000 (£10,000 for personal injury).
Multi-Track: > £25,000 or complex cases.

Question 87

What are the divisions of the High Court?

Answer 87

King’s Bench: Multi-track claims, judicial reviews.
Chancery: Land, trusts, wills.
Family: Family proceedings.

Question 88

Describe mediation, arbitration, and negotiated settlement.

Answer 88

Mediation: Neutral party guides discussions.
Arbitration: Neutral party makes a final decision.
Negotiated Settlement: Parties settle directly.

Question 89

Where are different criminal offences heard?

Answer 89

Summary only offences: Magistrates’ Court.
Either way offences: Magistrates’ or Crown Court.
Indictable only offences: Crown Court.

Question 90

What is the maximum sentence the Magistrates’ Court can impose?

Answer 90

Six months for a single offence.

Question 91

When can solicitors represent clients in higher courts?

Answer 91

After completing advocacy assessments and obtaining higher rights of audience.

Question 92

Where do civil appeals go from various courts?

Answer 92

District Judge (County): Circuit Judge (County).
Circuit Judge (County): High Court Judge.
High Court Judge: Lord Justice of Appeal.
Court of Appeal: Supreme Court.

Question 93

Where do criminal appeals go from the Magistrates’ Court?

Answer 93

Crown Court (right to appeal).
High Court for legal errors (ultra vires claims).

Question 94

What is the only ground for appeal against conviction in Crown Court?

Answer 94

That the conviction was “unsafe.”

Question 95

What does “Stare Decisis” mean?

Answer 95

Let prior decisions stand.

Question 96

What is the difference between vertical and horizontal binding effects?

Answer 96

Vertical: Higher courts bind lower courts.
Horizontal: Courts of the same level (e.g., Court of Appeal binding itself).

Question 97

What is the Supreme Court’s stance on binding precedent?

Answer 97

It is not bound by its prior decisions.

Question 98

Define Ratio Decidendi and Obiter Dicta.

Answer 98

Ratio Decidendi: Essential parts of the judgment; binding.
Obiter Dicta: Non-essential statements; persuasive.

Question 99

Can dissenting opinions create binding precedent?

Answer 99

No, only majority/unanimous decisions can.

Question 100

What are the monetary limits for the Small Claims track in County Court?

Answer 100

Not more than £10,000 for general cases and £1,000 for personal injury cases.

Question 101

What type of cases are typically allocated to the Small Claims track?

Answer 101

Straightforward disputes such as contract breaches, consumer issues, and minor property damage.

Question 102

What are the monetary limits for the Fast Track in County Court?

Answer 102

Not more than £25,000 for general cases and £10,000 for personal injury cases.

Question 103

What type of cases are suitable for the Fast Track?

Answer 103

Moderately complex cases requiring limited court time, usually a one-day trial.

Question 104

What are the monetary limits for the Multi-Track in County Court?

Answer 104

Cases worth more than £25,000 or those too complex for the Fast Track.

Question 105

What is the distinguishing feature of Multi-Track cases?

Answer 105

They often require extensive evidence, expert witnesses, or multiple-day hearings.

Question 106

What is the King’s Bench Division responsible for?

Answer 106

Multi-Track claims for common civil law actions.
Judicial review applications through the Administrative Court.

Question 107

What types of cases does the Chancery Division handle?

Answer 107

Cases involving:

Land disputes.
Trusts.
Wills and probate matters.
Intellectual property rights.

Question 108

Which division of the High Court deals with family matters?

Answer 108

The Family Division.

Question 109

What types of family matters are resolved in the Family Division?

Answer 109

Complex divorces.
Child custody and adoption cases.
Issues involving the welfare of children.

Question 110

Where are judicial reviews heard?

Answer 110

In the Administrative Court, which is part of the King’s Bench Division.

Question 111

Can cases be transferred between High Court divisions?

Answer 111

Yes, if a case’s subject matter falls under the jurisdiction of another division.

Question 112

What type of meaning does the Literal Rule apply?

Answer 112

The ordinary, plain meaning of the words in the statute.

Question 113

What are potential risks of using the Literal Rule?

Answer 113

It can lead to harsh or absurd outcomes that were not intended by the legislature.

Question 114

When would a court avoid applying the Literal Rule?

Answer 114

When it results in an absurd or unjust outcome.

Question 115

What is the primary purpose of the Golden Rule?

Answer 115

To modify the Literal Rule to prevent absurd or unjust outcomes.

Question 116

What does the Mischief Rule aim to correct?

Answer 116

The specific problem or “mischief” the statute was intended to remedy.

Question 117

What external sources are often used in the Purposive Approach?

Answer 117

Hansard (parliamentary debates), reports, and policy documents.

Question 118

How does the Purposive Approach differ from the other rules?

Answer 118

It considers the broader legislative purpose rather than focusing solely on the wording or mischief.

Question 119

Which rule of statutory interpretation is used when a general word follows specific words, like ‘other place’ following indoor places?

Answer 119

The ejusdem generis rule.

Question 120

What type of judge would hear a complex divorce case with assets in multiple jurisdictions?

Answer 120

A High Court Judge in the Family Division.

Question 121

Where would a £9,000 personal injury claim be heard?

Answer 121

Fast Track in County Court.

Question 122

Which court deals solely with the criminal case in a situation involving potential murder?

Answer 122

Crown Court.

Question 123

Which statutory interpretation rule is described by “words must be given their plain, ordinary meaning unless to do so would produce an absurd result”?

Answer 123

The Golden Rule.

Question 124

In what order would a case involving criminal harm followed by civil claims arrive in court?

Answer 124

Crown Court (criminal) followed by County Court (civil).

Question 125

Which court would hear a judicial review against a local authority’s decision?

Answer 125

The King’s Bench Division.

Question 126

When can the Court of Appeal depart from its previous decision?

Answer 126

In criminal cases, with generous discretion, but rarely in civil cases.

Question 127

What does “ultra vires” mean?

Answer 127

Beyond the scope of the court’s powers.

Question 128

Who can exercise the prerogative power to enter a bilateral treaty?

Answer 128

The Executive alone.

Question 129

What explains the doctrine of precedent in UK law?

Answer 129

Courts are bound vertically and horizontally

Question 130

Can a court grant both a common law and equitable remedy?

Answer 130

Yes, in the same court.

Question 131

What is Ratio Decidendi?

Answer 131

The essential part of the judgment; creates binding precedent.

Question 132

What is Obiter Dicta?

Answer 132

Non-essential statements in a judgment; persuasive but not binding.

Question 133

What is the meaning of Stare Decisis?

Answer 133

The principle that previous decisions should stand.

Question 134

What is the doctrine of precedent?

Answer 134

Courts must follow previous decisions unless they can be distinguished or overruled.

Question 135

How does judicial review work?

Answer 135

It allows a court to review the lawfulness of decisions made by public bodies.

Question 136

What is the doctrine of judicial review?

Answer 136

The power of the courts to overturn unlawful decisions by public bodies or officials.