Legal System of England and Wales Revision

Question 1

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

Question 2

Applying the literal rule, a court applies the dictionary meaning of a word

Question 3

Applying the purposive approach a court uses extraneous material from the pre-enactment phase of legislation to try to discern the meaning of the words used in the statute

Question 4

The golden rule is used when use of the ordinary meaning of words leads to absurd result

Question 5

Expressio unius est exclusio alterius

Answer 5

“expression of one thing is the exclusion of another”

If one or more things of a class are expressly mentioned then the things not mentioned are excluded

Question 6

In pari materia: a rule of language that considers other statutes on the same subject to interpret the statute in question e.g using the Adoption Act to interpret the word parent in the Children Act

Question 7

Conventions

Answer 7

A by-product of the uncodified parts of the UK Constitution. They are given great weight in the UK through acknowledgment of their existence, even though they are, strictly speaking, non-binding. Conventions form a large part of the operation of the separation of powers

Question 8

The county court would be the court of first instance for a personal injury case

Question 9

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 incorrectly decided

Question 10

Conventions generally are unwritten rules regarding how things are done and are given great weight in court

Question 11

The general monetary floor for civil cases to be brought in the High Court = £50,000

Question 12

A decision of a High Court judge would be heard by the Court of Appeal

Question 13

The Supreme Court is not subject to horizontally binding precedent i.e. not bound by it’s own earlier decisions

Question 14

If a defendant is charged with two offences what is the maximum penalty in the Magistrates Court?

Answer 14

12 months

Question 15

There may be a presumption in favour of the defendant in a criminal trial, but this is rebuttable when there is a relevant legal rule. This accords with the presumption of innocence of the defendant and the burden of proof being placed on the prosecution

Question 16

When multiple judges hear a case, matter that is the ratio decidendi (that is, court statements that are essential to the court’s decision) within their unanimous decision or the majority opinion forms binding precedent. Matter that is not ratio and matter in a dissenting or non-majority opinion may be persuasive authority, but it is never binding

Question 17

The County Court deals with civil cases and will hear all small claims track cases (valued at under £10,000) and most fast track cases (£10,000 to £25,000)

Question 18

An Act’s citation is a reference to the year and chapter of the Act, such as “2017 Ch 22”

Question 19

Conventions

Answer 19

By-product of uncodified constitution

Given weight through acknowledgement of their existence but are non-binding

Form a large part of the operation of the separation of powers

Question 20

Presumption against allowing statutes to alter the common law

Question 21

Noscitur a sociis

Answer 21

Word is interpreted by the company it keeps

Consider the context in which the word is used

Question 22

Ejusdem generis

Answer 22

“Of the same type”

If a general word follows two or more specific words, the general word will only apply to items that are like the specific words used

Question 23

County court track thresholds

Answer 23

Small claims track: up to £10,000 (up to £1,000 for personal injury)

Fast track: up to £25,000 (up to £10,000 for personal injury)

Multi track: more than £25,000
(up to £50,000 for personals injury)

Over £100,000 goes to High Court

Question 24

Personal injury claims arising from road traffic accidents not exceeding £5,000 are allocated to the small claims track

Question 25

Personal injury claims arising from non-road traffic accidents up to £1,000 are allocated to the small claims track

Question 26

Chancery division cases

Answer 26

Land contracts

Trusts

Wills

Question 27

Queen’s bench division cases

Answer 27

Personal injury and clinical negligence over £50,000

All other claims over £100,000

Administrative court: judicial review

Question 28

An appeal will only be granted if there is a real prospect of success if there is another pressing reason to hear the case (civil cases)

Question 29

Ratio

Answer 29

Reason for judge’s decision

Question 30

Below the high court there is no binding power i.e crown court, magistrates court and county court

Question 31

High court decisions made when the high court is acting as a court of first instance are not binding on future high court cases

Question 32

High court decisions are binding in future high court cases in which the high court was acting as an appellate court

Question 33

Court of appeal has discretion to depart from own decision in criminal division if it is convinced the decision was wrong and following the decision would cause hardship

Question 34

Court of appeal decisions generally bind future court of appeal cases in civil cases

Question 35

Supreme Court does not bind itself

Question 36

Horizontal binding effect

Answer 36

Courts of the same level binding themselves

Question 37

Stare decisis

Answer 37

Let the decision stand

Question 38

Defendant must apply to appeal to the Court of Appeal within 28 days of sentencing

Question 39

Obiter dictum

Answer 39

Other statements a judge may make which are not essential to reaching judgment

Not binding precedent but rather persuasive authority

Opinion of a judge in the minority

Question 40

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

Question 41

The High Court would hear an appeal from a decision by a Circuit Judge in the County Court or from a Master in the High Court

Question 42

Complex claims should be initiated in the High Court, Queen’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.

Question 43

Permission to appeal must be sought from the court that heard the case initially. If the District Judge refuses, permission may be sought from the court that will hear the appeal

Question 44

The facts of the case do not have to mirror the previous case to establish that a statement in the previous case is binding on the later one. They simply need to be materially the same.

Question 45

A subdivision of the Queen’s Bench Division - the Administrative Court - hears applications for judicial review