Legal System of England and Wales

Question 1

What are conventions?

Answer 1

unwritten rules regarding how things are done. They are given a great weight in court.

Question 2

What is the literal rule?

Answer 2

The court applies the ordinary meaning

Question 3

What is the golden rule?

Answer 3

The court uses something other than the ordinary meaning to avoid an absurd result

Question 4

What is the mischief rule?

Answer 4

The court looks to the problems the statute was designed to remedy

Question 5

What is the purposive approach?

Answer 5

The court looks at documents extraneous to the statute to determine why the statute was passed

Question 6

Ejusdem Generis

Answer 6

referring to things of the same type

Question 7

Noscitur a sociis

Answer 7

interpreted in the context - interpreted by the company they keep

Question 8

Expression unius est exclusio alterius

Answer 8

other items of the same class are impliedly excluded

Question 9

In pari materia

Answer 9

ambiguous words should be interpreted with the same words in statutes touching on the same matter

Question 10

Monetary Limitation - Small Claims Track

Answer 10

10,000 (1,000 PI)

Question 11

Monetary Limitation - Fast Track

Answer 11

25,000 (10,000 PI)

Question 12

Monetary Limitation - Multi-track

Answer 12

More than 25,000 and cases too complex for fast track

Question 13

Monetary Floor - High Court Civil Cases

Answer 13

100,000 (50,000 PI)

Question 14

High Court Divisions

Answer 14

Kings Bench, Chancery, Family

Question 15

King’s Bench

Answer 15

common civil law actions
administrative court - judicial review

Question 16

Chancery

Answer 16

Land contracts, trusts, and wills

Question 17

Appeal of Magistrates’ Court Decision should be submitted

Answer 17

Within 21 days of the decision

Question 18

Appeal of Crown Court Decision

Answer 18

Within 28 days of the decision

Question 19

Reason of appeal in Mag Court

Answer 19

Wrong in Law or in excess of jurisdiction (ultra vires)

Question 20

Reason of appeal in Crown Court

Answer 20

Wrong in Law, Wrong in Principle, or manifestly excessive

Question 21

Stare Decisis means

Answer 21

Let prior decisions stand

Question 22

Horizontal Privity (Horizontal Binding Effect)

Answer 22

Civil court of appeal
Criminal court of appeal (court has discretion to depart if it is convicted that the earlier decision is wrong)
High court - binding if the court was acting as an appellate not as trial court

Question 23

Is the supreme court bound by prior decisions

Answer 23

No

Question 24

Obiter Dicta

Answer 24

court statement is not necessary to the court’s decision so no binding precedent is created

Question 25

Ratio Decidendi

Answer 25

Essential part of the court decision, created binding precedent