Uk Constitutional Law & the English Legal System

Question 1

What are the 3 branches of Government?

Answer 1

1. The legsilature
2. The executive
3. The judiciary

Question 2

What is the purpose of the judicary branch of government?

Answer 2

It is responsible for the administration of the country’s legal system.

Question 3

What is meant by parlimentary sovereignity in the UKs governance system?

Answer 3

It is the concept that the legislative branch of government is the supreme legal authority in the country.

Question 4

What is meant by “seperation of powers” and does the Uk have full seperation of powers?

Answer 4

It is the concept that the 3 branches of government should function independently.
The UK does have seperation of powers, but not to the full extent as members of the Executive(the cabinet) are also MP’s (members of the legislature).

Question 5

A subordinate carries out an illegal action undeer the orders of their boss. Is this an adequate defence?

Answer 5

No, they are still legally responsible.

Question 6

What are the 3 main roles of the Crown?

Answer 6

1. Giving Royal Ascent to legislation passed by parliment
2. Formally appointing the prime minister
3. Holding official positions ie. Head of the Armed forces

Question 7

What is the privy council?

Answer 7

A group of personal advisors to the monarch.

Question 8

What is meant by the Royal Prerogative?

Answer 8

This refers to the powers that can in theory be exercised byu the monach acting alone.

Question 9

What is the order of supremacy in criminal courts?

Excluding the High Court

Answer 9

1. Magistrates court
2. Crown court
3. Court of Appeal (criminal division)
4. Supreme court

Question 10

Who makes the judgements in a magistrates court?

There are 2 possibilities

Answer 10

1. 2/3 lay magistrates (people who are not judges or lawers)
2. A single district judge

Question 10

Who makes the judgements in a magistrates court?

There are 2 possibilities

Answer 10

1. 2/3 lay magistrates (people who are not judges or lawers)
2. A single district judge

Question 11

When apealing at the magistrates court on a question of fact, where does the appeal go?

Answer 11

The crown court

Question 12

When apealing at the magistrates court on a point of law, where does the appeal go?

Answer 12

High court (Queens branch division)

Question 13

When may a crown court be a court of first instance?

Answer 13

When the case involves a more serious crime.

Question 14

In which court is there a judge & jury?

A: Crown Court
B: Magistrates court
C: Both
D: Neither

Answer 14

A: Crown Court

Question 15

Where do appeals in the crown court go to?

Answer 15

Court of appeal

Question 16

Where do appeals in the court of appeal or high court go to?

Answer 16

Supreme court

Question 17

How many justices of the supreme court are there?
A: 5
B: 7
C: 9
D: 12

Answer 17

D: 12

Question 18

How many judges hear an appeal at the supreme court?

Answer 18

5,7,9 or 11

Ie always an odd number so there is a majority decision

Question 19

What is the ranking of superiority of the courts in the civil court system?

Lowest to highest

Answer 19

1. County court
2. High court (3 divisions)
3. Court of appeal (Civil division)
4. Supreme court

Question 20

What types of claims are heard in a county court?

Answer 20

1. Small claims (amounts up to £10,000 may be resolved without a court hearing)
2. Fast track claims between £10,000 & £20,000

Question 21

What are the 3 divisions of the High court for hearing civil cases?

Answer 21

1. Queens branch division
2. Chancery division
3. Familiy division

Question 22

What does the queens branch division of the high court hear?

Answer 22

It hears cases for larger amounts such as breach of contract, tort, personal injury and libel

Question 23

What does the chancery division of the high court hear?

Answer 23

It hears cases involving land law, company law, partnership law and insolvancy. It may also hear appeals from the county court on inheritance and insolvancy.

Question 24

What does the family division of the high court hear?

Answer 24

Cases involving children and divorce.

Question 25

Who makes a judgement on cases heard in the court of appeal?

Answer 25

3 Lords/Ladies justices of appeal

Question 26

A court decides the amount of damages that should be paid in a case. What is this type of damages known as?

Answer 26

Unliquidated damages.

Question 27

What is a tribunal?

Answer 27

A tribunal is a specialist judicial body which decides disputes in specific areas if law covering a wide range of subjects.

Question 28

What are the advantanges of a tribunal as opposed to a civil court?

Answer 28

1. Its quicker to process claims
2. Cheaper than going to court
3. They are fairly informal
4. Cases are deal by people with specialist knowledge

Question 29

True/False: Decisions of a tribunal are not bound by precedent.

Answer 29

True

Question 30

What is primary legislation?

Answer 30

Legislation made by the legislative branch of teh government. Ie Acts of parliment

Question 31

What is secondary legislation?

Answer 31

Delegated legislation. Legislation made by a body or individual whos powers have been provided by primary legislation.

Question 32

What stages must primary legislation go through before it can be approved?

Answer 32

1. First reading
2. Second reading
3. Committee stage
4. Report stage
5. Third reading

Question 33

What happens at the committee stage when attempting to pass an act of parliment?

Answer 33

The bill is debated in detail by a committee of members of the houses of parliment.

Question 34

What is meant by “Ultra Vires”

Answer 34

A when rules or regulations are made outside of the powers allowed by primary legislation.

Question 35

What are the 3 main rules a judge may use to interperate law?

Answer 35

1. Literal rule
2. Golden rule
3. Mischeif rule

Question 36

What is the literal rule based on when interperating a law?

Answer 36

Basing the law on its literal definition. Ie its dictionary definition.

Question 37

What is the golden rule based on when interperating a law?

Answer 37

Literal meaning unless “manifestly obsurd”

Question 38

What is the mischief rule based on when interperating a law?

Answer 38

It is based on what the law intended to prevent.

Question 39

What is the purposive rule based on when interperating a law?

Answer 39

It is based on what the law attended to achieve.

Note: this can be different than what it intended to prevent.

Question 40

True/False: Precedents are established by the facts of a case.

Answer 40

False

Question 41

What 3 factors determine if a precedent is binding or persuasive?

Answer 41

1. The hierarchy of the courts
2. Ratio decidendi or obiter dicta
3. The facts of a case

Question 42

What is meant by ratio decidendi and can it set a binding precedent?

Answer 42

It means the “reason for the decision”. It may be based on previous precedents but when there are non the “ratio decidendi” can be binding.

Question 43

What is meant by Obiter dicta? And can it set a binding precedent?

Answer 43

It is when the judge was influenced in their decision by a non binding precedent. For example, a similar case from overseas. They do not create a binding precedent but may be later used as a persuasive authority in later cases.