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FINAL REVISION - SQE FLK 1 > LEGAL SYSTEM OF ENGLAND & WALES > Flashcards

LEGAL SYSTEM OF ENGLAND & WALES Flashcards

1
Q

What type of legal system is England and Wales?

A

Common law

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2
Q

What are the four parts to an Act of Parliament?

A
  • Preamble
  • Extent Provision
  • Short Title
  • Enabling Provision
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3
Q

What are the characteristics of a common law legal system?

A

Judges decide on case referring to
* statutes
* regulations
* prior judgments

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4
Q

What does the Preamble of an Act of Parliament look like?

A

BE IT ENACTED by the Monarchy’s Most Excellent Majesty…

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5
Q

What does the Extent Provision of an Act of Parliament look like?

A

The following provisions of this Act extend to England & Wales, Scotland, and Northern Ireland

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6
Q

What does the Short Title of an Act of Parliament Look like?

A

Offensive Weapons Act 2019

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7
Q

What does an Enabling Provision of an Act of Parliament Look like?

A

The following provisions come into force on such day as the secretary of state may by regulations appoint

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8
Q

What is Primary Legislation?

A

Law passed directly by Parliament

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9
Q

What is Secondary and Tertiary Legislation?

A

Law made under authorisation of Parliament

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10
Q

What is another name for Secondary Legislation?

A

Statutory instruments

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11
Q

What are conventions?

A

Unwritten rules regarding how things are done which are given great weight in court

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12
Q

Who has the power to enter into a bilateral treaty?

A

Only the EXECUTIVE BRANCH

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13
Q

What effect does Parliamentary Sovereignty have ?

A

The Supreme Court (or any court) cannot amend an Act of Parliament or find it invalid

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14
Q

What are the the four rules of statutory interpretation?

A
  • Literal Rule
  • Golden Rule
  • Mischief Rule
  • Purposive Approach
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15
Q

What are the four latin rules of statutory interpretation?

A

*Ejusdem Generis
*Noscitur a sociis
*Expressio unius est *exclusio alterius
*In pari materia

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16
Q

What is the Literal Rule?

A

Apply the ordinary meaning of words to a statute

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17
Q

What is the Golden Rule?

A

Use something other than the ordinary meaning of a word TO AVOID AN ABSURD RESULT

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18
Q

What is the Mischief Rule?

A

Look at the problem a statute seeks to remedy

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19
Q

What is the Purposive Approach?

A

Look at documents extraneous to the statute to determine WHY a statute was passed (like Hansard)

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20
Q

Explain Ejusdem Generis?

A

Ambiguous general words which follow specific words should be interpreted to refer to things of the same type as specific words

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21
Q

See this example of Ejusdem Generis:

A

Statute prohibits possession of guns, bombs, knives or other offensive weapons. You would be acquitted if you stabbed someone with a pen.

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22
Q

What is noscitur a sociis?

A

Interpret ambiguous words in the CONTEXT of that section (the company the words keep)

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23
Q

What is expressio unius est exclusio alterius?

A

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

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24
Q

Look at this example of expressio unius est exclusio alterius:

A

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

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25
Q

What is in pari materia?

A

Look to statutes with the same words concerning the same matter to consistently interpret ambiguous words of a statutory section

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26
Q

What is the monetary limit for Small Claims?

A

10,000
1,000 for personal injury cases

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27
Q

What is the monetary limit for Fast Track?

A

25,000
10,000 for personal injury

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28
Q

What is the monetary limit for Multi Track?

A

25,000
or too complex for fast track

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29
Q

What is the floor for civil cases in the High Court?

A

100,000
50,000 for personal injury

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30
Q

What are the three divisions of the High Court?

A

Kings Bench
Chancery
Family

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31
Q

What matters are dealt with in the Kings Bench?

A

Civil multi-track claims
Administrative court (judicial review)

32
Q

What matters are dealt with in the Chancery Court?

A

Land contracts
Trusts
Wills
(FLK 2 subject…)

33
Q

What does the Family Court deal with?

A

Adoption
Complex divorce

34
Q

What is mediation?

A

Neutral third party guides disputing parties to settle on a solution themselves

35
Q

What is arbitrarion?

A

Neutral third party discusses the case with the parties and issues a final order deciding the caseW

36
Q

What is negotiated settlement?

A

The parties meet to settle the dispute

37
Q

Where are summary only offences heard?

A

Magistrates’ Court

38
Q

Where are either-way offences heard?

A

Magistrates’ Court (if D agrees to be tried without jury) or the Crown Court

39
Q

Where are indictable only offences heard?

A

Crown Court

40
Q

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

A

6 months

41
Q

Can a solicitor appear in the County Court?

A

Yes

42
Q

Can a solicitor appear in the Crown Court?

A

No

43
Q

Can a solicitor appear in the High Court?

A

No

44
Q

How can a solicitor appear in the High Court or Crown Court?

A

Complete additional advocacy assessments and be granted higher rights of audience

45
Q

Where does an appeal of a District Judge in the County Court go?

A

Circuit Judge of the County Court

46
Q

Where does an appeal of a Circuit Judge in the County Court go?

A

High Court Judge of the High Court

47
Q

Where does an appeal of a High Court Judge of the High Court go?

A

Lord Justice of Appeal in the Court of Appeal

48
Q

Where does an appeal of the Master (High Court) go?

A

High Court Judge of the High Court

49
Q

Where does an appeal of a Lord Justice of Appeal of the Court of Appeal go?

A

Justice of the Supreme Court

50
Q

Where is permission to appeal sought ?

A

From the court that made the initial judgment. If they say no, then to the court to which the appeal goes

51
Q

When will an appeal be granted?

A

*There is a real prospect of success; OR
* There is another pressing reason to hear the case

52
Q

Where can a defendant appeal a Magistrates’ Court decision?

A

The Crown Court

53
Q

What can a defendant appeal to the Crown Court from the Magistrates’ Court?

A

Sentence and Conviction (only if D did not plead guilty)

54
Q

What type of hearing will a criminal appeal to the Crown Court from the Magistrates’ Court be?

A

A full re-hearing of the matter

55
Q

Where can the prosecution appeal a Magistrates Court decision?

A

The High Court if decision was:
* wrong in law
* ultra vires

56
Q

When can D appeal a Magistrates’ Court matter to the High Court?

A

The decision was:
*Wrong in law
*ultra vires

57
Q

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?

A

21 Days
No - only legal arguments are heard

58
Q

Were can a defendant appeal conviction or sentence of the Crown Court?

A

Court of appealWh

59
Q

Where must a Defendant seek leave to appeal to the Court of Appeal?

A

Either the sentencing court or the Court of Appeal

60
Q

When must a Defendant lodge their appeal after judgment if going to the Court of Appeal?

A

28 days

61
Q

On what grounds can a defendant appeal a Crown Court conviction?

A

Conviction was unsafe (evidence was wrongly admitted/excluded, directions wrong, judge biased etc)

62
Q

On what grounds can an appeal on sentence from the Crown Court be made?

A

*Wrong in law
*Wrong in principle
*Manifestly Excessive

63
Q

Can the Prosecution appeal rulings made by the judge and jury?

A

Only the Judge

64
Q

Where do you appeal a decision of the Court of Appeal?

A

Supreme Court

65
Q

On what grounds can you appeal a decision of the Court of Appeal to the Supreme Court?

A
  • Court of Appeal or Supreme Court grants leave; AND
  • Court of Appeal certifies a point of law of general public importance is involved
66
Q

What is stare decisis?

A

“Let prior decisions stand”

67
Q

What is vertical binding effect?

A

Prior decisions of a higher court binds a lower court

68
Q

Do Civil Court of Appeal decisions bind the future Court of Appeal?

A

Yes

69
Q

Do Criminal Court of Appeal decisions bind future Court of Appeal cases?

A

Generally, but court has discretion to depart if earlier decision was wrong

70
Q

Do High Court decisions bind the High Court?

A

Yes - if acting as an appellate court
No - if acting as trial court

71
Q

What decisions are the Supreme Court bound by?

A

None

72
Q

When is a case binding?

A
  • Similar facts
  • Similar laws
73
Q

What is obiter dicta?

A

Opinion of the court - persuasive

74
Q

What is ratio decidendi?

A

Nub of a judgment - binding

75
Q

Are statements or a majority, unanimous and minority bench binding?

A

Only majority and unanimous

76
Q

What effect do minority opinions have?

A

They are persuasive

FINAL REVISION - SQE FLK 1 (5 decks)

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