The Legal System of England and Wales and Sources of Law

Question 1

What is the structure of the courts?

Answer 1

Supreme Court (superior court)

Court of Appeal – Criminal Division / Civil Division (superior court)

High Court – King’s Bench Division / Chancery Division / Family Division (superior court)

Crown Court (superior court)

Magistrates’ Court / County Court / Family Court (inferior court)

Question 2

Who sits in the county court?

Answer 2

Circuit judges
District judges

Question 3

Who sits in the High Court?

Answer 3

High Court judges

Question 4

What is a Justice of the Peace?

Answer 4

Another term for a magistrate

Question 5

What is the role of a recorder?

Answer 5

The most junior level of circuit judge and can preside on a part-time basis in the Crown Court

Question 6

What types of claims go to the High Court?

Answer 6

Claims over £100,000 (£50,000 for PI)

o Kings Bench: contract/ tort claims; PI; negligence; JR; also has specialised courts e.g. Technology and Construction Court

o Chancery Division: disputes over wills and administration of estates; trusts; land and mortgage actions; company law; bankruptcy; family division; IP

Question 7

Who sits in the Court of Appeal and how many?

Answer 7

Lord Justices of Appeal - usually 3 sitting at once

Question 8

Who sits in the Supreme Court and how many?

Answer 8

Justices of the Supreme Court - usually 5 at once

Question 9

What is the route of appeal for summary trials in magistrates court?

Answer 9

Appeal can go to Supreme Court either directly through High Court, or through Crown Court then High Court then Supreme Court (i.e. not Crown Court direct to Supreme Court)

Question 10

What is the route of appeal for indictment trials in Crown Court?

Answer 10

Crown court - Court of Appeal (Criminal Division) - Supreme Court (appeal on points of law only; Court of Appeal must certify point of law of general public importance; AND Court of Appeal or Supreme Court must grant leave to appeal; either side may appeal

Question 11

What constitutes a point of law?

Answer 11

E.g. evidence being deemed inadmissible

Question 12

If a decision is not binding, what are the other ways that courts can deal with other judgments?

Answer 12

(a) Affirming – a higher court confirms it agrees with the appeal before it from a lower court

(b) Applying – a court adopts statements or reasoning from other decisions

(c) Departing – a court of one level disagrees with a previous decision, in another matter, by an equal court

(d) Overruling – a higher court comments on a previous UNRELATED decision by a lower court and declares it to be wrong

(e) Reversing – a higher court disagrees with the earlier decision, in the same proceedings, of a lower court

Question 13

In statutory interpretation, what is the literal rule?

Answer 13

Words are given their plain and ordinary meaning

Question 14

In statutory interpretation, what is the golden rule?

Answer 14

Narrow = if a word is capable of more than one meaning, you can choose that meaning which does not produce an absurd result

Wide = even where a word only has one meaning, interpret it in a way that avoids a result that is obnoxious to public policy

Question 15

In statutory interpretation, what is the mischief rule?

Answer 15

Court considers what mischief or defect in the existing law the statute was intended to remedy - i.e. considers intention behind statute

Question 16

In statutory interpretation, what is the purposive approach?

Answer 16

Court considers the reasons why the statute was passed and its purpose – and will interpret the statute on that basis

Question 17

What is Noscitur a Sociis?

Answer 17

Recognition by associated words - i.e. words are interpreted according to the meaning of the words that surround them and their context

Question 18

What is an example of using an extrinsic aid?

Answer 18

A judge referring to a dictionary to determine the meaning of words and how they should be interpreted

Question 19

What are the presumptions for interpreting statutes?

Answer 19

• Against alteration of the common law
• Against the retrospective operation of statutes
• Against criminal liability without guilty intention
• Against deprivation of the liberty of the individual
• Against deprivation of property or interference with private rights
• Against binding the Crown
• Against ousting the jurisdiction of the courts

Question 20

What is the Parliament Acts?

Answer 20

Allows a Bill to progress through Parliament even without the support of the Lords

Question 21

What are the three exceptions from Young v Bristol Aeroplane?

Answer 21

When sitting as an appellate court

1. The court can choose which of two conflicting decisions of its own it will follow
2. The court is bound to refuse to follow a decision of its own which, though not expressly overruled, cannot, in its opinion, stand with a decision of the House of Lords
3. The court is not bound to follow a decision of its own if it is satisfied that the decision was given per incuriam, e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court

Question 22

What is a codifying statute?

Answer 22

An statute that brings together the whole of the existing law (i.e. was contained across a number of different statutes)

Question 23

What is a consolidating statute?

Answer 23

A statute which merely re-enacts law previously contained in several different statutes and there is a rebuttable presumption that such a statute does not materially alter the previous law

Question 24

What is a hybrid statute?

Answer 24

A statute which contains provisions some of which affect the general public and some of which affect only particular individuals or a particular locality

Question 25

What is the the leapfrog procedure and when can it be used?

Answer 25

The leapfrog procedure allows an appeal from the High Court to the Supreme Court where there is an urgent need to obtain authoritative interpretation of the matter in dispute

Question 26

How many years of rights of audience is required for a lawyer to become a District Judge?

Answer 26

5 years

Question 27

How many years of rights of audience is required for a lawyer to become a Recorder?

Answer 27

7 years

Question 28

How many years of rights of audience is required for a lawyer to become a Circuit Judge?

Answer 28

10 years

Generally should also have served either part time as a recorder or full time as a district judge

Question 29

What is the general requirements to be a High Court judge?

Answer 29

Long serving lawyer

Question 30

What does the Parliament Act 1949 allow?

Answer 30

Allows the House of Commons, in certain circumstances, to pass a Bill without the approval of the House of Lords