the civil court system of England and Wales

Question 1

Judicial committee of the privy council

Answer 1

Court of final appeal for the UK overseas territories and crown dependencies.
Hears domestic appeals to her majesty in council.

Question 2

the court of justice of the European Union

Answer 2

The CJEU is the judicial body of the European Union.
Ensures EU law is interpreted and applied the same in every EU country.
Has one member from each member state.

Question 3

European court of Human Rights

Answer 3

Established on 21st January 1959.

Has no direct effect on British Law until the coming into force of the human rights act 1998.

Question 4

civil court proceedings

Answer 4

Major changes introduced in 1999: 
Simplified terminology.
New civil procedure rules judges. 
Pre-action protocols. 
Admission, defence, counterclaim. 
Allocation to track. 
Trial.

Question 5

Alternative Dispute Resolution (ADR)

Answer 5

Arbitration, Mediation, Conciliation.

Question 6

Advantages of ADR

Answer 6

Speed, Cost, Reduced Reputation Risk.

Question 7

Arbitration

Answer 7

Where the parties refer their dispute to a third party who the parties agree can issue a binding ruling.

Question 8

Mediation

Answer 8

A third party helps the parties negotiate a settlement.

Question 9

Conciliation

Answer 9

Less formal 3rd party intervention than mediation.

Question 10

Administrative Tribunals

Answer 10

Bodies outside the hierarchy of courts with administrative or Judicial functions.
Specialist forum for public law disputes between state and citizens requiring application of specialist knowledge or expertise.
The tribunals, courts and enforcement act 2007 created a two-tier tribunal structure for many specialist tribunals.
Tribunals are usually made up of three members.

Question 11

Sources of English Law

Answer 11

Legislation: acts of parliament.
Case law: the concept of judicial precedent.
European union law: treaties, regulations, directives and decisions.

Question 12

Primary Legislation

Answer 12

Acts of parliament.
Usually initiated by government and passed through parliament in the form of public acts.
Drafted by the office of parliamentary counsel.

Question 13

Secondary legislation

Answer 13

Drafted by teams of lawyers from the responsible department.
Must be an enabling or parent act.
takes the form of statutory instruments, orders in council and bylaws.

Question 14

the legislative process.

Answer 14

Initial interest.
The draft bill. 
The first reading. 
The second reading. 
The committee stage.
The report stage. 
Royal assent.

Question 15

rules of statutory interpretation

Answer 15

the literal rule
the golden rule
the mischief rule

Question 16

the human rights act 1998

Answer 16

section 3(1) states that primary legislation must be read and given effect in a way which is compatible with the convention rights.
section 3(2) makes it clear that S.3(1) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation and does not affect the validity continuing operation or enforcement of any incompatible subordinate legislation.