Professional Conduct: Legal System

Question 1

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

Where do you issue it?

Answer 1

County Court

Question 2

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

Where do you issue it?

Answer 2

County Court

Question 3

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

Where do you issue it?

Answer 3

High Court if justified…

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

… otherwise, County Court

Question 4

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

Where do you issue it?

Answer 4

High Court if justified…

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

… otherwise, County Court

Question 5

What are the three divisions of the High Court?

Answer 5

• Chancery Division
• King Bench Division
• Family Division

Question 6

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

Answer 6

Kings Bench Division
KBD

Question 7

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

Answer 7

Chancery Division

Question 8

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

Answer 8

Kings Bench Vivision

Question 9

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

Answer 9

Chancery Division

Question 10

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

Answer 10

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

Question 11

What do you call a county court district judge?

Answer 11

Judge

Question 12

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

Answer 12

Your Honour

Question 13

What do you call High Court Masters

Answer 13

Judge

Question 14

What do you call High Court Judges?

Answer 14

My Lord
My Lady

Question 15

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

Answer 15

My Lord
My Lady

Question 16

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

Answer 16

Pass Higher Rights of Audience

Question 17

A judgement of the UKSC is binding on….

Answer 17

All Inferior Courts

Not always on itself

Question 18

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

Answer 18

All inferior Courts

Binding on Itself

Question 19

A judgement of the High Court is binding on….

Answer 19

All Inferior Courts

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

Question 20

A judgement of the Upper Tribunal is binding on….

Answer 20

The First Tribunal

Inferiror Courts

Itself

Question 21

A judgement of the First Tribunal is binding on….

Answer 21

Not Binding

Persuaisve

Question 22

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

Answer 22

They Never Bind

Question 23

Is a decision of the Privy Council binding?

Answer 23

Persuasive, ut not binding on England & Wales Courts

Question 24

What is a Public (General) Act of Parliament?

Answer 24

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

Question 25

What is a private/personal act of Parliament

Answer 25

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

Question 26

What is a Government Bill?

Answer 26

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

Question 27

What is a Private Memebers Bill?

Answer 27

Promoted by a particular Member of Parliament.

It does not start life as official government policy

Question 28

What is the First Reading of a bill?

Answer 28

A formality

Title Read Out

Second date of reading set

Question 29

What is the Second Reading of a bill?

Answer 29

Main principles debated

Question 30

What is the committee stage of a bill?

Answer 30

Follows the second reading

The bill is scrutinised by a committee and maybe amended

Question 31

What is the report stage of a bill?

Answer 31

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

Question 32

What is the third reading of a bill?

Answer 32

Final Debate

Vote on the Bill

If passed, it goes to the other house….

Remember, bills can start in either house!

Question 33

When does an Act of Parliament take place?

Answer 33

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

Question 34

What is the literal rule and when is it adopted?

Statutory Interpretation

Answer 34

Words are given ordinary plain and natural meaning.

This is often adopted!

Question 35

What is the golden rule and when is it adopted?

Statutory Interpretation

Answer 35

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

Question 36

What is the mischief rule and when is it adopted?

Statutory Interpretation

Answer 36

This examines the original purpose of the provision

Today it is defunct because it is subsume dinto the purposive approach

Question 37

What is the purposive rule and when is it adopted?

Statutory Interpretation

Answer 37

The understanding of language is influenced by context

This is the most used approach to judicial interpretation!