Professional Conduct (Legal System) Flashcards
The claim is a personal injury claim worth less than £50,000
Where do you issue it?
County Court
The claim is a non-personal injury claim worth £100,000 or less
Where do you issue it?
County Court
The claim is for a PI claim worth more than £50,000
Where do you issue it?
High Court if justified…
a. Financial Value of claim
b. Complexity
c. Importance to Public
… otherwise, County Court
The claim is for a Non-PI claim worth more than £100,000
Where do you issue it?
High Court if justified…
a. Financial Value of claim
b. Complexity
c. Importance to Public
… otherwise, County Court
What are the three divisions of the High Court?
- Chancery Division
- King Bench Division
- Family Division
Which division are the commercial, technology, admiralty, administrative and planning courts in the High Court?
Kings Bench Division
KBD
Which division is the business list, insolvency, revenue, competition, property and IP Property in the High Court?
Chancery Division
Where would a contract, tort or commercial matter usually fall in the High Court
Kings Bench Vivision
Where would a case concerning land, trusts, bankruptcy and company matters fall in the High Court?
Chancery Division
Within the High Court what does the Financial List that falls within both KBD/CD cover?
Financial disputes of £50 million or more in value which require particular judicial knowledge of financial markets
What do you call a county court district judge?
Judge
What do you call a county court circuit judge or recorder?
Your Honour
What do you call High Court Masters
Judge
What do you call High Court Judges?
My Lord
My Lady
What do you call a judge of the Court of Appeal or Supreme Court?
My Lord
My Lady
How can a solicitor carry out advocacy in the High Court?
Pass Higher Rights of Audience
A judgement of the UKSC is binding on….
All Inferior Courts
Not always on itself
A judgement of the Court of Appeal is binding on….
All inferior Courts
Binding on Itself
A judgement of the High Court is binding on….
All Inferior Courts
Binding on Itself, but not by decisions taken by a signle judge
A judgement of the Upper Tribunal is binding on….
The First Tribunal
Inferiror Courts
Itself
A judgement of the First Tribunal is binding on….
Not Binding
Persuaisve
A judgement of Family Courts, County Courts, Crown Courts and Magistrates are bidning when?
They Never Bind
Is a decision of the Privy Council binding?
Persuasive, ut not binding on England & Wales Courts
What is a Public (General) Act of Parliament?
- Matters of general public concern debated in both Houses of Parliament
- They can be put forward by any MP or Peer
What is a private/personal act of Parliament
Relates to particular places or people (e.g. Rosie’s Law)
What is a Government Bill?
This is a draft piece of legislation that is based on government policy, drafted by the official parliamentary draftsman.
What is a Private Memebers Bill?
Promoted by a particular Member of Parliament.
It does not start life as official government policy
What is the First Reading of a bill?
A formality
Title Read Out
Second date of reading set
What is the Second Reading of a bill?
Main principles debated
What is the committee stage of a bill?
Follows the second reading
The bill is scrutinised by a committee and maybe amended
What is the report stage of a bill?
The proposed amenmdents are debated and there is a vote on the committee report
What is the third reading of a bill?
Final Debate
Vote on the Bill
If passed, it goes to the other house….
Remember, bills can start in either house!
When does an Act of Parliament take place?
The day it recieves Assent unless a contrary provision in the statutre
What is the literal rule and when is it adopted?
Statutory Interpretation
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!
What is the golden rule and when is it adopted?
Statutory Interpretation
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’….
What is the mischief rule and when is it adopted?
Statutory Interpretation
This examines the original purpose of the provision.
Today it is defunct because it is subsumed into the purposive approach
What is the purposive rule and when is it adopted?
Statutory Interpretation
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
When will the courts apply linguistic presumptions?
To assist them interpreting the meaning and application of individual provisions in legislation
Linguistic presumption
What is Expressio Unis?
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
Linguistic presumption
What is Ejusdem Generis?
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”
Linguistic presumption
What is Noscitur a Sociss?
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
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”
Expressio Unius
The express mention of one thing excludes its extension to to others
Expressio Unius since there are no general words
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?
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
What is the Literal Rule?
The court interprets the statute using the plain, ordinary, and literal meaning of the words.
If the words are clear and unambiguous, the court must apply them even if the result seems harsh or unjust.
What is the Golden rule?
This rule is a modification of the literal rule. If the literal interpretation leads to an absurd or unreasonable outcome, the court can modify the meaning to avoid that outcome.
Courts will use the ordinary meaning of the words unless doing so results in an absurd or unjust result, in which case they may interpret the words in a more reasonable way.
For example, If a law states “no animals are allowed in the park,” interpreting this literally would prohibit guide dogs for the blind. Under the golden rule, the court could adjust the interpretation to allow guide dogs.
What is the mischief rule?
The court looks at the “mischief” (problem or issue) the statute was intended to remedy and interprets the law in a way that addresses that issue.
Judges consider the law before the statute was enacted, the problem it sought to resolve, and the specific purpose behind the legislation.
What is the purposive approach?
This approach focuses on the purpose or objective behind the legislation rather than the strict meaning of individual words.
The court interprets the statute in a way that best achieves the legislative intent or purpose, even if this means departing from the literal wording of the statute.
Example: If a law prohibits “importing dangerous goods,” the court might interpret “dangerous goods” broadly to include goods not explicitly listed but that pose a danger to public safety.
What is Ejusdem Generis (Of the same kind)
When a general term follows a list of specific terms, the general term is interpreted in light of the specific terms.
The general word is limited to the same category or type as the specific words preceding it.
What is Noscitur a Sociis (It is known by its associates)?
A word is interpreted in the context of the words surrounding it.
The meaning of a word is clarified by the words with which it is associated in the statute.
Example: In a law prohibiting “stabbing, shooting, or other violent acts,” the word “violent acts” is interpreted to include only acts similar to stabbing and shooting (e.g., strangling, beating).
What is Expressio Unius Est Exclusio Alterius?
If a statute expressly lists specific items or categories, it is assumed that other items or categories not mentioned are excluded.
The inclusion of certain things implies the exclusion of others not mentioned.
Example: A law stating that “only licensed restaurants, bars, and cafes may serve alcohol” excludes other types of businesses from being able to serve alcohol (e.g., food trucks ).
In England and Wales, what is the welsh speaking requirment?
Proceedings may be issued in welsh and the court will pay for an interpreter if necessart.
- Any party has the right to speak Welsh
- Any party can submit written evidence in welsh
- The court will book and pay for an interpreter
For civil and family cases, if they have a connection with Wales a claimant may also submit their claim in Welsh.
