The Legal System

Question 1

D has been convicted in a MC following a not guilty plea. They have been advised that they may appeal against the conviction to the Crown Court.

Who hears such appeals?

Answer 1

Appeals from the magistrates’ court to the Crown Court are dealt with by a judge and at least 2 magistrates.

Question 2

What is the mischief rule?

Answer 2

The mischief rules concentrates on the purpose for which Parliament enacted the statute. The rule focuses on the ‘mischief’ Parliament was trying to remedy.

Question 3

What is the doctrine of stare decisis?

Answer 3

The doctrine of judicial precedent - to stand by what has already been decided.

Question 4

What does the ejusdem generis doctrine refer to?

Answer 4

A series of particular words followed by general words. The general words must be construed with reference to the particular words.

Question 5

Does the high court bind itself?

Answer 5

No - but it binds all inferior courts.

HC is bound by the CoA and the SC.

Question 6

A defendant is convicted in the magistrates’ court following a plea of not guilty. To where can they appeal?

Answer 6

Crown Court.

Question 7

The CoA binds itself (and is bound by the SC). In what circumstances can the CoA depart from its previous decisions?

Answer 7

1. Where the CA has two previous conflicting decisions before it
2. If the CA’s decision would be inconsistent with a previous SC decision.
3. If the earlier decision was given per incuriam.

Question 8

A conflict arises between domestic legislation and a piece of retained direct EU legislation. How is such conflict resolved?

Answer 8

The Retained EU Law (Revocation and Reform) Act 2023 requires that retained direct EU legislation be read and given effect in a manner that is compatible with domestic enactments where possible, However, in instances of incompatibility, domestic enactments take precedence over retained EU legislation.

Question 9

What is the purposive approach to interpretation?

Answer 9

The court will read an Act in context to give effect to the true purpose of the legislation and may consider intrinsic and extrinsic aids beyond the statute to ascertain what Parliament was trying to achieve.

Question 10

What is the significance of Parliaments Act 1911 and 1949?

Answer 10

HoL can amend and revise bill but if it blocks legislation for effectively 1 year, the Bill can bypass the HoL.

Question 11

What is the significance of Article 9, Bill of Rights 1689?

Answer 11

Proceedings in Parliament are not to be questioned in any court/place outside of Parliament. MPs/Lords - free speech, immune from legal liability.

Question 12

What is the Sewel Convention?

Answer 12

Consent of devolved assembly sought through a legislative consent motion - but this is not legally required.

Question 13

What are private members’ bills?

Answer 13

Private members’ bills are public bills introduced by MPs and Lords who aren’t government ministers. A minority of Private Members’ Bills become law but by creating publicity around an issue, they may affect legislation indirectly.

Question 14

What are private members’ bills?

Answer 14

Private members’ bills are public bills introduced by MPs and Lords who aren’t government ministers. A minority of Private Members’ Bills become law but by creating publicity around an issue, they may affect legislation indirectly.

Question 15

What are public bills?

Answer 15

Public bills change the law as it applies to the general population. Public policy. Most are introduced to Parliament by the Government. General in character and affect everyone.

Question 16

What are public bills?

Answer 16

Public bills change the law as it applies to the general population. Public policy. Most are introduced to Parliament by the Government. General in character and affect everyone.

Question 17

Which areas fall within matters devolved to the Senedd Cymru?

Answer 17

Education, agriculture, local government, housing.

Question 18

Civil courts vs. Criminal courts:

Answer 18

Civil: C required to prove case ‘on the balance of probabilities’, 51% test, liable/not liable
Criminal: prosecution must prove case ‘beyond reasonable doubt’, 99% test, guilty/not guilty

Question 19

What is the KBD’s principal business? (HC)

Answer 19

The KBD’s principal business involves multi-track claims for damages - breach of contract and actions in tort.
-Commercial Court
-Technology and Construction Court
-Admiralty Court
-Administrative Court - hears JR apps

Question 20

Who presides over the KBD?

Answer 20

The President of the Division.

Question 21

Who presides over the Chancery Division?

Answer 21

The Chancellor of the HC.

Question 22

Who presides over the Chancery Division?

Answer 22

The Chancellor of the HC.

Question 23

What is the principal business of the Chancery Division?

Answer 23

Claims arising under contracts for land, and matters relating to trusts.

The Insolvency and Companies Court forms part of the Chancery Division.

Question 24

Who presides over the Family Division?

Answer 24

The President of the Family Division.

Question 25

Permission required for civil appeals?

Answer 25

Permission required from the court of first decision in most cases. If the lower court refuses an application for permission to appeal, a further application may be made to the CoA. Notice of appeal within 21 days.

Question 26

Permission required for civil appeals?

Answer 26

Permission required from the court of first decision in most cases. If the lower court refuses an application for permission to appeal, a further application may be made to the CoA. Notice of appeal within 21 days.

Question 27

When may permission to appeal from the County Court be given?

Answer 27

Permission to appeal from the County Court as a court of first instance may be given only where:
-the court considers that the appeal would have a real prospect of success; or
-there is some other compelling reason for the appeal to be heard

Question 28

When may second appeals be permitted from the County Court?

Answer 28

Second appeals are permitted in very limited circumstances, where:
-the appeal has a real prospect of success and raises an important principle or practice; or
-there is some other compelling reason for the Court of Appeal to hear the appeal.

Question 29

Who presides over the Court of Appeal (Civil Division)?

Answer 29

The Master of the Rolls.

Question 30

What is ‘leapfrogging’?

Answer 30

An appeal from the HC may be heard directly by the SC (skipping the CoA) if it involves a point of law of general/national importance.

Certificate of satisfaction from HC.

Question 31

What is the sub judice rule?

Answer 31

Parliament doesn’t comment on cases which are before the court.

Question 32

What is the golden rule?

Answer 32

Legislative wording must be interpreted as far as possible within its ordinary and plain meaning. However, where the plain meaning of the words produces a ‘manifest absurdity’, the words may be interpreted to avoid absurdity/inconsistency.

Question 33

What is the purposive approach?

Answer 33

Judges try to decide what they believe Parliament intended to achieve by the legislation in addition to simply identifying/remedying gaps within the previous law.

Question 34

What is the linguistic presumption expressio unius est exclusio alterius?

Answer 34

‘The express mention of one thing excludes all others’. A list of specific things excludes all other things of the same type.

Question 35

What is the linguistic presumption of noscitur a sociis?

Answer 35

A word is known ‘by the company it keeps’. The meaning of a word can be understood by its context.

Question 36

What is the enacting formula?

Answer 36

The part of the Act that introduces the main provisions of the statute and declares that the law derives its authority from a valid Act of Parliament.

Question 37

Is the High Court bound by its own decisions?

Answer 37

No, but they are highly persuasive.