Week 1 and Week 2

Question 1

Explain the difference between primary and secondary sources of law Give 2 examples of each

Answer 1

Primary - authoritative sources of law i.e. what the law is. (Acts of Parliament, Statutory instruments)

Secondary - interpretations of the law to help us understand it better. (Leading textbooks in the field, Peer-reviewed articles in law journals)

Question 2

What are the primary sources of law in the English Legal System?

Answer 2

Statutory law (legislations)
Common law (court decisions)

Question 3

Explain three differences between civil law and criminal law.

Answer 3

Civil law looks to compensate for damages caused while criminal looks to punish

Civil law are disputes between 2 parties, while criminal is the State v Individual

Civil law’s standard of proof is ‘on the balance of probabilities’ while criminal law is ‘beyond all reasonable doubt’

Question 4

Explain the difference between procedural law and substantive law.

Answer 4

Substantive law - sets out the rules which must be followed

Procedural law - set out the framework by which the substantive law will be determined

Question 5

Explain the difference between private law and public law.

Answer 5

Private law - concerns disputes that exist between individual citizens

Public law - disputes that exist between the state and the individual

Question 6

Provide an outline of ‘the law of equity’. List three examples of equitable remedies.

Question 7

Explain what is meant by parliamentary sovereignty.

Question 8

Explain the normal process by which an Act of Parliament is made (be able to list all stages).

Question 9

Explain the term royal assent.

Question 10

Explain the Parliament Act Procedure.

Question 11

How did membership of the EU directly impact upon the principle of parliamentary sovereignty?

Question 12

How does the Human Rights Act 1998 impact, or not, on parliamentary sovereignty? What sections of the Human Rights Act 1998 are relevant?

Question 13

Explain the term secondary legislation (also referred to as delegated or subordinate legislation). List three different types of secondary legislation.

Question 14

What are the benefits of secondary legislation? What are the possible dangers posed by the use and existence of secondary legislation?

Question 15

With respect to statutory interpretation, outline and explain the ‘literal rule’.

Question 16

With respect to statutory interpretation, outline and explain the ‘golden rule’.

Question 17

With respect to statutory interpretation, outline and explain the ‘mischief rule’.

Question 18

With respect to statutory interpretation, outline and explain the ‘purposive approach’.

Question 19

Explain the difference between intrinsic and extrinsic aids of interpretation. Provide two examples of each.

Question 20

Explain the ejusdem generis

Question 21

Explain the expression unius est exclusion alterius

Question 22

Explain the noscitur a sociis

Question 23

What is meant by a legal presumption? Give one example of a legal presumption.