mock wrong answers

Question 1

can you claim contractural debt and an equitable claim in the smae legal action before the same court

Answer 1

yes - the courts of equity and common law combined 150 years ago

Question 2

the king

Answer 2

the king remains legal head of state, legally he can do anything he wants to, so long as any positive law has not removed the power. practically speaking, the king does not act without the advice of the members of the exectuive to preserve democracy.

bill of rights did not strictly give the monarch powers, it took some away and gave them to the hosue of comons

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Question 3

vital influencing factors

Answer 3

the monarchy, the nobility and the judiciary were and continue to be vital influencing factors to the development of the legal system in england and wales.

there were no trade unions before the 19th century.

Question 4

court of appeal

Answer 4

although the court of appeal generally regards itself as bound by its own previous decisions, there are exceptions to htis rule.

Question 5

codifying legislation

Answer 5

tidies up all the pre existing law such as common law, custom and statutes on one topic and creates a new statute that changes existing law.

consolidating legislation does not include common law and tidies up previous statutes into one new statute but usually without materially changing the law.

Question 6

bye laws

Answer 6

are mad eby local authorities to deal with issues within their own areas.

Question 7

private statutes

Answer 7

any act of parliament that concerns matters whicch affect particular persons or a particular locality

Question 8

common law is judge made or case law and can be amended by case law via the legislative supremacy of parliament.

Question 9

chief justice coke

Answer 9

the king has no prerogative but that which the law of the land allows him, thus the crown and the government is bound by the law and cannot act outside it. it would not therefore be possible for a government to take action or pass a law without the neccessary legal basis.

Question 10

relevant guidance

Answer 10

courts refer to previous cases to help them arrive at a just decision. judges are entitled to draw parallels across the centuries.

Question 11

at what stage does a bill become an act

Answer 11

it is a long standing convention that a bill only becomes an act once it recieves royal assent

• the second readings in the commons is important for debate but does not represent the finanlity in the passage of the bill.

the committe stage is where the detail of the bill is ocnsidered. not ready to become law

after the third reading in the commons, the bill must then go to the lords for their consideration.

although the lords must deal with the bill, it should return to the commons if there are any amendments and even if there are none it will only become law on royal assent.

Question 12

bill process

Answer 12

before a bill can become an act it must pass through 5 stages

1. first reading, second reading, committe stage, report stage and third reading in the house of commons
2. and then the same 5 stages in te house of lords where amendments can be made.

a bill can theoretically go back and forth between the lords and commons if there is disagreement between both houses, so to terminate such length proceedings, the speaker of the house is able to invoke an infrequently used device, the parliaments act by certifying that the conditions of s2 of the act are met.
this allos the commons to overrule the lords so a bill can go forwards for approval by royal assent.

Question 13

habeas corpus

Answer 13

the doctrine which says that noone can be detained without lawful reason.

Question 14

royal assent - devolved parties

Answer 14

neither the uk government nor parliament have power of veto over acts in the senedd

if it does affect reserved matters - the secretary of state may prevent legilsation enacted by the senedd being submitted for royal assent even if it covers a devolved matter.

Question 14

purposive approach

Answer 14

when the uk was in the eu, uk courts were required to adopt a purposive approach in construing eu related legislation

although no longer a member of the eu, judges regulary adopt a purposive approach to interpret the aims of all types of the statute to consider the policy behind these words.

Question 15

codes and schedules

Answer 15

codes normally appear as a shedule to acts. this is because it is conventional for additional documents and extra material which are too bulky to be contained within the sections of the act to appear as schedules.

when an act is silent as to its extent - it applies to the whole of the uk.

any act can stipulate that it comes into force on the date of royal assent.

statutory instrument would only be required where there is significant extra detail required to supplment the original act.

Question 16

schedules

Answer 16

are part of the act - intrinsic aids

Question 17

golden rule

Answer 17

choosing between two different meanings of the word

or - to extend the literal wording of the statute to cover the defendants conduct. this is to avoid an absurd result.

Question 18

recorders

Answer 18

recorders are the most junior level of circuit judge and can presdie on a part time basis in the crown court.

district judges deal with more complex cases in the magistrates and family courts.

a recorder may sit in both the crown and county courts.

lord or lady justices of appeal sit in the court of appeal

Question 19

mediators

Answer 19

objective intermediairies who assist in commercial parties to reach sensible and workable solutions.
their aim is to bring the two parties to be able to work together in the future.

• they need not be legally qualified as it is the commerical relaity of the compromise which is important.

Question 20

attorney general role

Answer 20

the role is to assist the government as a whole which includes answering questions in parliament and getting clarifications on the law from the court of appeal.

Question 21

district judges

Answer 21

professional magistrate with a stated qualification of 5 years rights of audience as a qualified lawyer, previously served as a deputy district judge.

Question 22

solicitors and right of audience

Answer 22

solicitor do not normally have rights of audience in the crown court unless he has obtained a higher rights of audience qualification. an exception to this rule allows a solicitor to appear before the crown court where the solicitor or his firm represented the individual who is making the appeal in the original trial.

Question 23

judges

Answer 23

simple summary offences - with no complications would normally be heard by lay magistrates - only referring to district judges if complicated issues.

Question 24

code of conduct for solicitors and barristers

Answer 24

judges are influenced by the codes of conduct which govern them in their earlier lives as solicitors and barristers.

Question 25

circuit judges

Answer 25

must have held rights of audience for at least 10 years and generally should also have served either part time as a recorder or full time as a district judge.

Question 26

justices of the peace

Answer 26

another term for a magistrate

Question 27

criminal justice act 1988

Answer 27

where the attorney general considers that the trial judge in the crown court imposed a sentence which is unduly lenient, he may refer the case to the court of appeal.

the court of appeal may replace the sentence with one it conisders more appropriate.

(prosecution not entitled to appeal to the court of appeal criminal divisio against the sentence imposed on the defendant. )

the prosecution can only appeal to the supreme court on a point of law arising out of an appeal by the defendant to the crown court of appeal.