LEGAL SYSTEM OF ENGLAND & WALES Flashcards
What type of legal system is England and Wales?
Common law
What are the four parts to an Act of Parliament?
- Preamble
- Extent Provision
- Short Title
- Enabling Provision
What are the characteristics of a common law legal system?
Judges decide on case referring to
* statutes
* regulations
* prior judgments
What does the Preamble of an Act of Parliament look like?
BE IT ENACTED by the Monarchy’s Most Excellent Majesty…
What does the Extent Provision of an Act of Parliament look like?
The following provisions of this Act extend to England & Wales, Scotland, and Northern Ireland
What does the Short Title of an Act of Parliament Look like?
Offensive Weapons Act 2019
What does an Enabling Provision of an Act of Parliament Look like?
The following provisions come into force on such day as the secretary of state may by regulations appoint
What is Primary Legislation?
Law passed directly by Parliament
What is Secondary and Tertiary Legislation?
Law made under authorisation of Parliament
What is another name for Secondary Legislation?
Statutory instruments
What are conventions?
Unwritten rules regarding how things are done which are given great weight in court
Who has the power to enter into a bilateral treaty?
Only the EXECUTIVE BRANCH
What effect does Parliamentary Sovereignty have ?
The Supreme Court (or any court) cannot amend an Act of Parliament or find it invalid
What are the the four rules of statutory interpretation?
- Literal Rule
- Golden Rule
- Mischief Rule
- Purposive Approach
What are the four latin rules of statutory interpretation?
*Ejusdem Generis
*Noscitur a sociis
*Expressio unius est *exclusio alterius
*In pari materia
What is the Literal Rule?
Apply the ordinary meaning of words to a statute
What is the Golden Rule?
Use something other than the ordinary meaning of a word TO AVOID AN ABSURD RESULT
What is the Mischief Rule?
Look at the problem a statute seeks to remedy
What is the Purposive Approach?
Look at documents extraneous to the statute to determine WHY a statute was passed (like Hansard)
Explain Ejusdem Generis?
Ambiguous general words which follow specific words should be interpreted to refer to things of the same type as specific words
See this example of Ejusdem Generis:
Statute prohibits possession of guns, bombs, knives or other offensive weapons. You would be acquitted if you stabbed someone with a pen.
What is noscitur a sociis?
Interpret ambiguous words in the CONTEXT of that section (the company the words keep)
What is expressio unius est exclusio alterius?
If a section lists specific items of a class without a general catch-all, other items of the same class are impliedly excluded
Look at this example of expressio unius est exclusio alterius:
Statute says that a place of public entertainment that sells food must have a license but cinemas are exempt in selling popcorn, ice cream and chips. The cinema owner cannot then sell sandwiches
What is in pari materia?
Look to statutes with the same words concerning the same matter to consistently interpret ambiguous words of a statutory section
What is the monetary limit for Small Claims?
10,000
1,000 for personal injury cases
What is the monetary limit for Fast Track?
25,000
10,000 for personal injury
What is the monetary limit for Multi Track?
25,000
or too complex for fast track
What is the floor for civil cases in the High Court?
100,000
50,000 for personal injury
What are the three divisions of the High Court?
Kings Bench
Chancery
Family
What matters are dealt with in the Kings Bench?
Civil multi-track claims
Administrative court (judicial review)
What matters are dealt with in the Chancery Court?
Land contracts
Trusts
Wills
(FLK 2 subject…)
What does the Family Court deal with?
Adoption
Complex divorce
What is mediation?
Neutral third party guides disputing parties to settle on a solution themselves
What is arbitrarion?
Neutral third party discusses the case with the parties and issues a final order deciding the caseW
What is negotiated settlement?
The parties meet to settle the dispute
Where are summary only offences heard?
Magistrates’ Court
Where are either-way offences heard?
Magistrates’ Court (if D agrees to be tried without jury) or the Crown Court
Where are indictable only offences heard?
Crown Court
What is the maximum sentence a Magistrates’ Court can impose?
6 months
Can a solicitor appear in the County Court?
Yes
Can a solicitor appear in the Crown Court?
No
Can a solicitor appear in the High Court?
No
How can a solicitor appear in the High Court or Crown Court?
Complete additional advocacy assessments and be granted higher rights of audience
Where does an appeal of a District Judge in the County Court go?
Circuit Judge of the County Court
Where does an appeal of a Circuit Judge in the County Court go?
High Court Judge of the High Court
Where does an appeal of a High Court Judge of the High Court go?
Lord Justice of Appeal in the Court of Appeal
Where does an appeal of the Master (High Court) go?
High Court Judge of the High Court
Where does an appeal of a Lord Justice of Appeal of the Court of Appeal go?
Justice of the Supreme Court
Where is permission to appeal sought ?
From the court that made the initial judgment. If they say no, then to the court to which the appeal goes
When will an appeal be granted?
*There is a real prospect of success; OR
* There is another pressing reason to hear the case
Where can a defendant appeal a Magistrates’ Court decision?
The Crown Court
What can a defendant appeal to the Crown Court from the Magistrates’ Court?
Sentence and Conviction (only if D did not plead guilty)
What type of hearing will a criminal appeal to the Crown Court from the Magistrates’ Court be?
A full re-hearing of the matter
Where can the prosecution appeal a Magistrates Court decision?
The High Court if decision was:
* wrong in law
* ultra vires
When can D appeal a Magistrates’ Court matter to the High Court?
The decision was:
*Wrong in law
*ultra vires
When an appeal from the Magistrates’ Court to the High Court on the basis that it is wrong in law or ultra vires is made, when must application be made and will it be a full re-hearing?
21 Days
No - only legal arguments are heard
Were can a defendant appeal conviction or sentence of the Crown Court?
Court of appealWh
Where must a Defendant seek leave to appeal to the Court of Appeal?
Either the sentencing court or the Court of Appeal
When must a Defendant lodge their appeal after judgment if going to the Court of Appeal?
28 days
On what grounds can a defendant appeal a Crown Court conviction?
Conviction was unsafe (evidence was wrongly admitted/excluded, directions wrong, judge biased etc)
On what grounds can an appeal on sentence from the Crown Court be made?
*Wrong in law
*Wrong in principle
*Manifestly Excessive
Can the Prosecution appeal rulings made by the judge and jury?
Only the Judge
Where do you appeal a decision of the Court of Appeal?
Supreme Court
On what grounds can you appeal a decision of the Court of Appeal to the Supreme Court?
- Court of Appeal or Supreme Court grants leave; AND
- Court of Appeal certifies a point of law of general public importance is involved
What is stare decisis?
“Let prior decisions stand”
What is vertical binding effect?
Prior decisions of a higher court binds a lower court
Do Civil Court of Appeal decisions bind the future Court of Appeal?
Yes
Do Criminal Court of Appeal decisions bind future Court of Appeal cases?
Generally, but court has discretion to depart if earlier decision was wrong
Do High Court decisions bind the High Court?
Yes - if acting as an appellate court
No - if acting as trial court
What decisions are the Supreme Court bound by?
None
When is a case binding?
- Similar facts
- Similar laws
What is obiter dicta?
Opinion of the court - persuasive
What is ratio decidendi?
Nub of a judgment - binding
Are statements or a majority, unanimous and minority bench binding?
Only majority and unanimous
What effect do minority opinions have?
They are persuasive
