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SQE 1 Flashcards > Professional Conduct: Legal System > Flashcards

Professional Conduct: Legal System Flashcards

1
Q

The claim is a personal injury claim worth less than £50,000

Where do you issue it?

A

County Court

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2
Q

The claim is a non-personal injury claim worth £100,000 or less

Where do you issue it?

A

County Court

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3
Q

The claim is for a PI claim worth more than £50,000

Where do you issue it?

A

High Court if justified…

a. Financial Value of claim
b. Complexity
c. Importance to Public

… otherwise, County Court

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4
Q

The claim is for a Non-PI claim worth more than £100,000

Where do you issue it?

A

High Court if justified…

a. Financial Value of claim
b. Complexity
c. Importance to Public

… otherwise, County Court

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5
Q

What are the three divisions of the High Court?

A
  • Chancery Division
  • King Bench Division
  • Family Division
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6
Q

Which division are the commercial, technology, admiralty, administrative and planning courts in the High Court?

A

Kings Bench Division
KBD

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7
Q

Which division is the business list, insolvency, revenue, competition, property and IP Property in the High Court?

A

Chancery Division

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8
Q

Where would a contract, tort or commercial matter usually fall in the High Court

A

Kings Bench Vivision

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9
Q

Where would a case concerning land, trusts, bankruptcy and company matters fall in the High Court?

A

Chancery Division

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10
Q

Within the High Court what does the Financial List that falls within both KBD/CD cover?

A

Financial disputes of £50 million or more in value which require particular judicial knowledge of financial markets

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11
Q

What do you call a county court district judge?

A

Judge

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12
Q

What do you call a county court circuit judge or recorder?

A

Your Honour

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13
Q

What do you call High Court Masters

A

Judge

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14
Q

What do you call High Court Judges?

A

My Lord
My Lady

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15
Q

What do you call a judge of the Court of Appeal or Supreme Court?

A

My Lord
My Lady

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16
Q

How can a solicitor carry out advocacy in the High Court?

A

Pass Higher Rights of Audience

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17
Q

A judgement of the UKSC is binding on….

A

All Inferior Courts

Not always on itself

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18
Q

A judgement of the Court of Appeal is binding on….

A

All inferior Courts

Binding on Itself

19
Q

A judgement of the High Court is binding on….

A

All Inferior Courts

Binding on Itself, but not by decisions taken by a signle judge

20
Q

A judgement of the Upper Tribunal is binding on….

A

The First Tribunal

Inferiror Courts

Itself

21
Q

A judgement of the First Tribunal is binding on….

A

Not Binding

Persuaisve

22
Q

A judgement of Family Courts, County Courts, Crown Courts and Magistrates are bidning when?

A

They Never Bind

23
Q

Is a decision of the Privy Council binding?

A

Persuasive, ut not binding on England & Wales Courts

24
Q

What is a Public (General) Act of Parliament?

A
  • Matters of general public concern debated in both Houses of Parliament
  • They can be put forward by any MP or Peer
25
Q

What is a private/personal act of Parliament

A

Relates to particular places or people (e.g. Rosie’s Law)

26
Q

What is a Government Bill?

A

This is a draft piece of legislation that is based on government policy, drafted by the official parliamentary draftsman.

27
Q

What is a Private Memebers Bill?

A

Promoted by a particular Member of Parliament.

It does not start life as official government policy

28
Q
A
28
Q

What is the First Reading of a bill?

A

A formality

Title Read Out

Second date of reading set

29
Q

What is the Second Reading of a bill?

A

Main principles debated

30
Q

What is the committee stage of a bill?

A

Follows the second reading

The bill is scrutinised by a committee and maybe amended

31
Q

What is the report stage of a bill?

A

The proposed amenmdents are debated and there is a vote on the committee report

32
Q

What is the third reading of a bill?

A

Final Debate

Vote on the Bill

If passed, it goes to the other house….

Remember, bills can start in either house!

33
Q

When does an Act of Parliament take place?

A

The day it recieves Assent unless a contrary provision in the statutre

34
Q

What is the literal rule and when is it adopted?

Statutory Interpretation

A

Words are given ordinary plain and natural meaning.

In depth consideration of words and phrases and how they fit with other sections of the Act

This is often adopted!

35
Q

What is the golden rule and when is it adopted?

Statutory Interpretation

A

Sometimes the literal rule leads to absurd outcones. Judges sometimes adopt alternative methods to avoid overly literal understandings.

We take the statute and construe it together, givign words their ordinary signification unless they produce absurdity or inconsistency.

For example, Official Secret Act stated ‘in the vicinity’ - it was argued that a strict literal understanding would mean ‘outside’ as opposed to inside. The court held it would be absurd if an offence could not take place outside the RAF base. Therefore the Golden Rule read ‘in the vicinity’ as ‘in or in the vicinity of’….

36
Q

What is the mischief rule and when is it adopted?

Statutory Interpretation

A

This examines the original purpose of the provision.

Today it is defunct because it is subsumed into the purposive approach

37
Q

What is the purposive rule and when is it adopted?

Statutory Interpretation

A

The understanding of language is influenced by context

This is the most used approach to judicial interpretation!

The ‘contemporary’ approach is to combine a literal and purposive approach so thaat the words of the statute, the underlying purpose of the legislation guides the way

38
Q

When will the courts apply linguistic presumptions?

A

To assist them interpreting the meaning and application of individual provisions in legislation

39
Q

Linguistic presumption

What is Expressio Unis?

A

The express mention of one thing excludes its extension to to others

Often used if there is a list of items with no general woirds to follow - it is presumed the list is closed and Parliament intended only to include those items stated

40
Q

Linguistic presumption

What is Ejusdem Generis?

A

The ‘of the same genus’ presumption is employed when a statute includes a generic but non-exhausive list of items.

The task is to work out if a particular item falls within the list.

Where general words follow a list of specific words, the general words are interpreted so as to restrict them to the same kind of objects as the specific words

For example, “house, office, room, or other place”

41
Q

Linguistic presumption

What is Noscitur a Sociss?

A

A word is known by the company it keeps

The words of statute are understood in the context of the statute itself.

Similar to ejusdem generis but of wider application since it does not require general words at the end of the list

42
Q

Statute contains an entire list.

No general words are used at the end

Can we include ‘planes’ in the list?

What linguistic presumption applies?

For example:
“Cars, Bikes, Tractors, Boats”

A

Expressio Unius

The express mention of one thing excludes its extension to to others

Expressio Unius since there are no general words

43
Q

Statute contains an entire list.

General words are used at the end

Can we include ‘planes’ in the list?

For example:
“Cars, Bikes, Tractors, Boats, or other modes of transport”

What linguistic presumption applies?

A

Ejusdem Generis

Where general words follow a list of specific words, the general words are interpreted so as to restrict them to the same kind of objects as the specific words

SQE 1 Flashcards (58 decks)

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