LSEW Flashcards
The Administrative Court is hearing an application for judicial review. The barrister for the claimant argues that a particular constitutional convention is involved and was violated.
Which of the following best describes conventions?
A
Conventions are unwritten constitutional rules that must be followed.
B
Conventions are codified parts of the UK Constitution which are binding on the courts.
C
Conventions are unwritten rules regarding how things should be done and carry little weight in court.
D
Conventions generally are unwritten rules regarding how things are done and are given great weight in court.
Ea Review
E
Conventions are unwritten rules regarding how things should be done and are largely inapplicable under the doctrine of Parliamentary
D
Conventions generally are unwritten rules regarding how things are done and are given great weight in court.
(D) Conventions are a by-product of the uncodified parts of the UK Constitution. They are given 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. (A) is incorrect in that the rules are not strictly binding. (B) is incorrect as Conventions generally are not codified (that is, they generally are not written into statute. (C) is incorrect as conventions are said to carry great weight. (E) is incorrect as conventions are still relevant as they form a large part of the UK’s doctrine of separation of powers.QUESTION
A law student wants to gain some work experience in an appellate court in order to understand the appeals process in the United Kingdom
Which of the following courts do not hear appeals?
A. The Court of Appeal.
B. The Magistrates’ Court.
C. The Supreme Court.
D. The High Court.
E. The County Court.
B The Magistrates’ Court.
(B) The Magistrates’ Court is a trial court and does not hear appeals. The Supreme Court is the highest court of appeal, followed by the Court of Appeal, and then the High Court and Family division.
A woman was elected as an MP and had very little prior experience in government. She was told England and Wales follow common law. She is uncertain what this means and asks her solicitor to explain where most laws originate in this common law system.
Which of the following would be the best response from the solicitor?
A. The Supreme Court.
B. Parliament.
C. The High Court.
D. The Executive.
E. Lower court rulings.
B. Parliament.
(B) Whilst England and Wales would be categorised as common law systems, that is, systems in which the law originates from court cases, Parliament creates most laws in this authority. (A), (C) - (E) all influence and impact the law in different ways, and would be right to an extent. However, (B) is the best answer as the majority of laws are created by Parliament.
Parliament has delegated its power to a group of government ministers to create a statutory instrument to give practical effect to a piece of legislation that has recently become law.
What other name can be given to statutory instruments?
A. Statutory instruments can also be called secondary (or subordinate legislation.
B. Statutory instruments can also be called common law.
C. Statutory instruments can also be called Acts of Parliament.
D. Statutory instruments can also be called statutes.
E. Statutory instruments can also be called primary legislation.
A. Statutory instruments can also be called secondary (or subordinate legislation.
(A) Statutory instruments are secondary (or subordinate legislation, together with orders in council. (B) is incorrect as common law is the name given to law made by judges through case law. (C) is incorrect because an Act of Parliament is law passed by Parliament rather than a law based on power delegated by Parliament. (D) is incorrect as statute is another name for an Act of Parliament. (E) is incorrect because Acts of Parliament are primary legislation, not statutory instruments.
A County Court Judge is hearing a case in which a claimant is suing for damages arising from drinking a bottled beverage that contained part of a roach. In making their ruling, the judge explained that a similar case was heard years before that interpreted a statute and so they must consider stare decisis.
What does stare decisis mean?
A. The reason for the decision.
B. Of the same type.
C. Let the decision stand.
D. This judgment is deferred.
F. Upon the same subiect matter.
C. Let the decision stand.
(C) Stare decisis means that a decision reached previously by a higher court will be binding on the courts below. In Latin, (A) translates to ‘ratio decidendi’, (B) translates to ‘ejudem generis’ (it is used to interpret general words in a law that follow specific words). (D) does not have a commonly used Latin translation phrase associated with it. (E) translates to in pari materiain Latin and is a rule of interpretation under which language in one law is interpreted consistently with another law.
The Court of Appeal is to consider arguments from a claimant and respondent. There are certain ambiguities in the Act of Parliament involved.
The Court decides they must resort to seeking clarification from an extrinsic aid.
Which of the following is an extrinsic aid?
A. Definition section
B. Hansard
C. Preamble
D. Marginal notes
E. Long title
B. Hansard
(B) is correct, as it is the only external (extrinsic) aid. As the name implies, an extrinsic aid to interpretation is something that is outside the law itself. The Hansard is the official record of debates that took place when the Act was considered in Parliament. Whilst it is not part of the Act (and so is extrinsic). it gives insight into what the politicians in Parliament were thinking when they passed the Act. None of the other choices is an extrinsic aid. The definition section of an Act (A). as the name implies. includes definitions of terms used in the Act. This is an intrinsic aid. (C). The Preamble. is a set block of text put into ever Act that indicates it was approved by the Monarch and properly passed by Parliament. It is not much of an aid at all. but, in any case, it is intrinsic to the Act. (D). marginal notes, are short notations which may appear above or alonaside of each section of an Act and which aive insiaht into what the provision is about. B definition. a marainal note is an internal aid. An Act’s lona (E) is bart of the Act and so is intrinsic. The lona title is a somewhat detailed descriotion of the purpose of the Act.
A justice of the Court of Appeal decides that a statute should mean what it says and be applied literally to the case at hand.
In what circumstances would it be appropriate for the justice to use such a literal approach?
A. When the justice decides at his own discretion.
B. When the parties agree to a literal interpretation at the start of trial.
C. When the justice decides that a literal interpretation leads to an absurd result.
D. When there is no ambiguity in the words of the statute.
E. When there is an ambiquity in the words of the statute.
D. When there is no ambiguity in the words of the statute.
(D) A justice should apply the literal approach when there is no ambiquity in the words of the statute and doing so will not lead to an absurd result. (A) is incorrect because the standard in (D) applies; it is not up to the justice’s discretion. Neither would the parties get a say in how the law applies, (B) is incorrect. (C) and (E) are incorrect because where there is any ambiguity or absurdity, the justice will consider the intention behind the words or see what mischief was to be remedied.
A UK solicitor is speaking to foreign lawyers about the English Legal System and begins to speak about the different divisions in the High Court.
Which of the following statements correctly describes the divisions?
A. Family Division, Criminal Division, King’s Bench Division
B. Civil Division, King’s Bench Division, Family Division
C. King’s Bench Division, Chancery Division, Dispute Resolution Division
D. Criminal Division, King’s Bench Division, Civil Division
E. Chancery Division, Family Division, King’s Bench Division
E. Chancery Division, Family Division, King’s Bench Division
(E) is correct as these are the onlv divisions that exist at the High Court. (A) is incorrect as there is no Criminal Division at the High Court. (B) is incorrect as there is no Civil Division at the High Court. (C) is incorrect as there is no Dispute Resolution Division. (D) is incorrect as there is no Civil Division or Criminal Division at the High Court.
A statute required persons operating places of public refreshment, resort, and entertainment to have a licence to run the establishment. A man owned a cafe and argued he did not need a licence because the cafe was not a place of entertainment. After considering the context of the word entertainment, the court held that it did not mean musical entertainment but rather the reception and accommodation of people, so the defendant was guilty.
Which rule of language did the court most likely use to come to this judgement?
A. Expressio unius est exclusio alterius.
B. Noscitur a sociis.
C. In pari materia.
D. Ejusdem generis.
E. Corpus juris secondum.
B. Noscitur a sociis.
(B) 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. (A) is incorrect because under this legal maxim, if one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded. (C) is incorrect because in pari materia is a rule of language that considers other statutes on the same subject to interpret the statute in question. Since we have no other statute here to help, this rule is not helpful here. (D) is incorrect.
Ejusdem generis is not helpful here as it is used to interpret the meaning of a general word when more specific words follow it. Refreshment, resort, and entertainment all seem a bit general and so do not help here. (E) is incorrect because Corpus juris secondum means ‘second body of law’ and is not a rule of interpretation.
A claimant has been injured in a road traffic accident and wishes to bring a claim for compensation for their injuries of £20,000. The claimant would like some advice as to which court their case is likely to be heard in.
Which is most likely to be the correct court of first instance for their claim?
A. The County Court.
B. The Crown Court.
C. The Magistrates’ Court.
D. The High Court.
E. The Court of Appeal.
A. The County Court.
(A) The County Court deals exclusively 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). (B) is incorrect as the Crown Court is a purely criminal court, so would not hear a case such as this, which is a tort claim that falls under the civil law. (C) is also incorrect because the Magistrates’ Court is primarily a criminal court, with the exception of matters such a family proceedings, but it would not hear a tort claim. (D) is incorrect as the High Court is more likely to hear complex fast track cases that will take up more of the court’s time, and will also hear multi-track cases (exceeding £25,000 and complex). (E) is incorrect as the Court of Appeal, as the name suggests, is an appeal court, so would never be the court of first instance for either a civil or criminal case.
A lawyer from Europe visits a solicitor based in London to find out more information about making the move over to practice in the UK and has some questions to ask.
What type of legal system operates in England and Wales?
A. A civil law system.
B. A common law system.
C. A religious law system.
D. A hybrid law system.
E. A rural law system.
B. A common law system.
(B) England and Wales follow a common law system in which laws are based on past cases. (A) is incorrect, although civil law systems - systems in which laws are based on codes - are popular in Europe and in other places around the world. Religious law systems (C) operate in a number of middle eastern and African countries and (D), a hybrid system of common, civil, and religious law can be found in countries such as India and Indonesia. (E) is incorrect. as there is no such svstem.
A statute provides that a person found drunk in charge of a carriage may be arrested without a warrant. A man was arrested without a warrant when he was found drunk in charge of a bicycle. Although under its plain meaning a bicycle is not a carriage, the court trying the case found the man guilty.
Which statutory rule of interpretation did the court most likely apply?
A. The court most likely applied the golden rule in finding the man guilty.
B. The court most likely applied the mischief rule in finding the man guilty.
C. The court most likely applied the literal rule in finding the man guilty.
D. The court most likely applied the purposive approach in finding the man guilty.
E. The court most likely applied the rule of corpus juris secondum in finding the man guilty.
B. The court most likely applied the mischief rule in finding the man guilty.
(B) A court applving 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 court convicted the man, it would be because the court found the statute was intended to keep drunk people off of moving vehicles. (A) is incorrect because the golden rule is used when use of the ordinary meaning of words leads to absurd results. No absurd result would arise if the word ‘carriage’ were interpreted to exclude a bicycle. (C) is incorrect because under the literal rule, a court applies the dictionary meaning of a word. The dictionary meaning of the word ‘carriage’ would not include a bicycle. (D) is incorrect because under 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. We have no mention of the use of such material in our facts and so this approach cannot be used. (E) is incorrect because there is no such approach - the Latin phrase here means ‘second bod of law’
Two potential clients come into a solicitors firm for representation. One client requires representation before the Magistrates’ Court in short order, whereas the other client requires representation before the High Court some time later. The firm has a solicitor who is available to handle each case, but the concern is that they do not have rights of audience with each court.
May the solicitor undertake representation of both parties?
A. No, because the solicitor does not have an automatic right of audience before the High Court.
B. No, because the solicitor does not have an automatic right of audience before the Magistrates’ Court.
C. No, because the solicitor does not have an automatic right of audience before either the Magistrates’ Court or the High Court.
D. Yes, because the solicitor has an automatic right of audience before the Magistrates’ Court.
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E. Yes, because the solicitor has an automatic right of audience before the High Court.
A. No, because the solicitor does not have an automatic right of audience before the High Court.
(A) Although the solicitor has an automatic right of audience before the Magistrates’ Court, they do not have automatic right of audience before the High Court. As a result, the solicitor may not represent the client before the High Court. (B) is incorrect. A solicitor has an automatic right of audience before the Magistrates’ Court, so the solicitor could represent the client before that court. (C) is incorrect. Although it is true that a solicitor does not have an automatic right of audience before the High Court, they do have an automatic right of audience before the Magistrates’ Court. (D) is incorrect, as it is only partially correct.
Although it is correct to say that the solicitor may represent the client before Magistrates’ Court, the answer does not address the solicitor’s ability to appear before the High Court. (E) is incorrect as there is no automatic right of audience before the High Court.
A judge is struggling to ascertain the intention of Parliament when interpreting a statute in a case. As well as the rules of language and other methods of interpretation, the judge can also use extrinsic and intrinsic aids to assist her.
Which of the following is not an extrinsic or intrinsic aid to interpretation?
A. The Oxford English Dictionary.
B. Hansard.
C. The Short Title to a statute.
D. The Schedules to a statute.
E. Press coverage of Parliamentary debates regarding a statute.
E. Press coverage of Parliamentary debates regarding a statute.
(E) Press coverage of the passage of a Bill through Parliament is not an aid to interpretation used by judges. (A) and (B) are incorrect, as they are both examples of extrinsic (that is. external) aids to statutorv interpretation. Hansard is the official record of Parliamentarv debates. (C) and (D) are incorrect. as the are both examples of intrinsic (that is. internal) aids to statutory interpretation.
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?
A. The individual would be found guilty because the will of Parliament is clear in the language of the statute.
B. The individual would be found guilty because he impersonated another to vote.
C. The individual would be found guilty because any other result would be absurd.
D. The individual would be found innocent because a dead person is not entitled to vote.
F. The individual would be found innocent because the intent of Parliament cannot be discerned from the language used.
(D) 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. (A) is incorrect because using the literal approach, the court will not try to discern the intent of Parliament. Such a consideration may be used whilst using the Mischief Rule or Golden Rule approaches. (B) is incorrect, as the literal rule would require the language in the Act to be considered and interpreted literally which would lead to an acquittal. Impersonation is just one requirement; the other is that the person being impersonated be entitled to vote. (C) is incorrect because reaching an absurd result would dictate the use of the Golden Rule approach, not the Literal Approach. (E) is incorrect because the intent of the legislature is not considered when using the Literal Rule.
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?
A .Ejusdem generis.
B. Golden rule.
C. In pari materia.
D. Mischief rule.
E. Noscitur a socis.
(A) 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. (B) is incorrect because the golden rule of statutory interpretation allows the court to use something other than a word’s ordinary meaning to avoid the absurdity that applying the literal rule might create. (C) is incorrect because the in pari materia rule of lanquage means ‘upon the same matter or subject’ and applies where other statutes may assist with interpreting an ambiquity in the statute in question. (D) is incorrect because the mischief rule allows the court to look at the ‘mischief’ that Parliament was trying to remedy when it brought in a particular statute in a way that would best achieve this result, that is, to interpret legislation in line with Parliament’s intention. (E) is incorrect because the Noscitur a socis rule of language means that in interpreting a word, the court will take into account the context in which it is used, thereby using words in the same section of the statute to interpret the word in dispute.
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?
A. A District Judge.
B. A High Court Judge.
C. A Deputy District Judge.
D. A Recorder.
E. None of the above.
(B) is correct, as complex matters like this go to the Family Division at the High Court where a High Court Judge sits. (A) is incorrect, as complex family matters and ones that involve child abduction end up in the Family Division, a District Judge wouldn’t sit at the High Court. (C) is incorrect, as complex family matters and ones that involve child abduction end up in the Family Division, a Deputy District Judge wouldn’t sit at the High Court. (D) is incorrect as complex family matters and ones that involve child abduction end up in the Family Division, a Recorder wouldn’t sit at the High Court. (E) is incorrect as (B) is the correct answer.
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?
A. Small Claims Track in the County Court, as claims up to £10,000 can be heard here.
B. High Court, as the case involves a well-known theme park.
C. Multi-Track, as the matter is too complex for small claims court.
D. Multi-Track, as this is a personal injury claim.
E. Fast Track, as this is a personal injury claim for not more than £25,000.
(E) Personal injury claims between the sums of more than £1,500 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. (A) is incorrect, as the Small Claims Track is used for personal injury cases only if the claim is for not more than £1,500. (B) is incorrect. Generally, a personal injury claim can be heard in High Court only if it is for more than £50,000 or too complex for the Multi-Track. As just explained, the case here does not meet these criteria. (C) and (D) are incorrect as a case will be allocated to Multi-Track only if it is too complex for Fast Track or over £25,000.
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?
A. Magistrates’ court.
B. Family court.
C. High Court.
D. Crown Court.
E. County Court.
(D) 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. The County Court (E) deals solely with civil cases. (A) is wrong as Magistrates’ Courts deal with both civil and criminal cases, similarly to (B) and (C).QUESTION
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?
A. Two months’ imprisonment.
B. One year imprisonment.
C. Two years’ imprisonment.
D. 12 months’ imprisonment.
E. Five years’ imprisonment.
(D) 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 12 months’ imprisonment. (Of course, the actual sentence also would be limited by the maximum sentence authorized for the specific crime.)
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?
A. The literal rule.
B. The golden rule.
C. The mischief rule.
D. The purposive rule.
E. The common law rule.
(B) 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.
(A) is incorrect, as under the literal rule, words are given their natural ordinary meaning regardless of whether the result is absurd. (C) is incorrect as the mischief rule interprets an Act of Parliament by considering the problem Parliament was seeking to remedy when it passed the law now being reviewed by the court. (D) is incorrect as under the purposive approach, the court considers the purpose of the legislation before interpreting its words. (E) is incorrect as this is not a rule. QUESTION
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?
A. The Crown court first (for criminal charges), and after that, the case can go to the Supreme Court (for civil proceedings).
B. The Crown court first (for criminal charges), and after that the case can go to the County Court (for civil proceedings).
C. The County Court first (for civil proceedings), and after that the case can go to the Crown Court (for criminal proceedings).
D. The Crown court first (for criminal proceedings), and after that the case can go to the High Court (for civil proceedings).
F. The High Court (for civil proceedings), and after that the case can go to the Crown Court (for criminal proceedings).
(B) 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. (A), (D), and (E) are incorrect because the High Court and Supreme Court would not be the court of first instance for a personal injury case. (C) is incorrect as the process is the other way around.
The owners of a retail company want to bring a claim in damages against a manufacturing company. The retail company’s lawyer advises them that damages may be nominal but they are keen to go ahead.
Which of the following does not represent a legitimate path to resolve the dispute?
A. Mediation followed by litigation if mediation fails.
B. Arbitration followed by litigation if arbitration fails.
C. Litigation followed by arbitration if litigation fails.
D. Negotiated settlement followed by alternative dispute resolution if the settlement fails
E. Negotiated settlement followed by litigation if the settlement fails
(C) Litigation is usually the last resort as seen in choices (A), (B), (D), and (E). Since the decision of the court in litigation would be binding, it would not be possible to return to arbitration.
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 Pc.
In which court would the judicial review be first heard?
A. The Chancery Division.
B. The Commercial Court.
C. The King’s Bench Division.
D. County Court.
F. The Family Division.
(C) 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 (A) hears property disputes. The Commercial Court (B) hears private disputes over contracts involving large sums of money. The County Court (D) hears civil cases but not judicial review cases. The Family Division (E) hears familial disputes. QUESTION
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?
A. 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.
B. The Court of Appeal has generous discretion to depart from its own decision in civil cases but rarely in criminal cases, and it cannot depart from a Supreme Court decision under any circumstance.
C. The Court of Appeal can often depart from its own decisions in criminal cases but rarely in civil cases, and it can depart from Supreme Court decisions in the same circumstances.
D. The Court of Appeal can often depart from its own decision in civil cases but rarely in criminal cases, and it can depart from Supreme Court decisions in the same circumstances.
F. The Court of Appeal can depart from its own previous decisions in both criminal and civil cases regularly, so long as the decision is unanimous.
(A) 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. For these reasons the other options are incorrect.QUESTION
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?
A. Proper.
B. Above the minimum required.
C. Beyond the scope of the court’s powers.
D. Beyond virtuous.
E. Factually incorrect.
(C) The term ultra vires means an action beyond the scope of the actor’s powers. (A), (B), (D), and (E) are incorrect, as these are not the meanings of ultra vires.QUESTION
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?
A. Parliament alone.
B. Parliament and the Executive.
C. The Executive alone.
D. The Judiciary alone.
E. vParliament and the Judiciary.
(C) 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. (B) is also incorrect for the same reason, even though the treaty will be put to Parliament. QUESTION
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?
A. Under the doctrine of precedent, courts can be bound vertically.
B. Under the doctrine of precedent, courts can be bound horizontally.
C. Under the doctrine of precedent, courts can be bound vertically and horizontally.
D. Under the doctrine of precedent, courts are never bound but are influenced.
E. Under the doctrine of precedent, courts can change the facts to relieve them of a controlling case.
(C) 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. Whilst (A) and (B) are also correct, neither is as complete as (C) and so neither is as good an answer as (C). (D) is incorrect as binding by precedent is a fundamental element of English law. (E) is incorrect as the courts cannot change the facts of a case; they may argue that a precedent is not appropriate on the facts of the case, but they may not change the facts in order to make the precedent irrelevant.
