Introduction to the Legal System of England and Wales

Question 1

How is the legal system in England and Wales described?

Answer 1

Described as a ‘common law system’

Question 2

What is a ‘common law system?’

Answer 2

Where decisions about disputes are made by referring to both applicable statute and case law

Question 3

What is a ‘civil law system’

Answer 3

Where codified statutes are the focus for making decisions in legal disputes and academic commentary is given more weight (European system)

Question 4

What is an ‘adversarial’ legal system?

Answer 4

Applies to E/W common law system

Where the opposing parties offer legal arguments supporting their case and the judge serves as an umpire between them

Question 5

In a ‘civil law system,’ what role does the judge play?

Answer 5

Serves as an inquisitor to draw out facts from witnesses, and legal council acts as umpire for judge

Question 6

Are equitable remedies mandatory?

Answer 6

No, they are discretionary

Question 7

What is equity?

Answer 7

The particular body of law, developed in the English Court of Chancery, with the purpose of providing legal remedies for cases where the common law is inflexible and cannot fairly resolve the dispute.

Question 8

What is public law?

Answer 8

Body of law relating to the functioning of the state and individuals’ relationships with it

Question 9

What is private law?

Answer 9

Body of law governing relationships between individuals without the involvement of the state,

e.g. Personal Injury cases

Question 10

What is criminal law?

Answer 10

Body of law intervenes in actions of individuals which the state deems harmful.

Prosecution brings a case of behalf of Crown when criminal wrong committed

Question 11

What is civil law?

Answer 11

Body of law that intervenes in relationships between individuals when they go awry e.g. breach of contract.

No state involvement

Question 12

What is substantive law?

Answer 12

The actual laws which govern society

Question 13

What is procedural law?

Answer 13

Body of law which governs the practical application and operation of the substantive law e.g. rules about how business in court is conducted

Question 14

What is the primary source of legislation in the UK?

Answer 14

Statute (Acts of Parliament)

Question 15

What are Public General Acts?

Answer 15

Acts of Parliament which apply to the whole of the UK

Question 16

What is the ‘Short Title’ of an Act of Parliament?

Answer 16

A short name given to an Act e.g. Offensive Weapons Act (2019)

Must be a provision in the Act which confirms Act can be reffered to by short title

Question 17

What is the ‘Citation’ of an Act of Parliament?

Answer 17

UK Public General Acts are given a chapter number, which forms the method of citation.

Offensive Weapons Act 2019 has been given the chapter number 17. Citation is therefore 2019 c.17.

Question 18

What is the ‘Long Title’ of an Act of Parliament?

Answer 18

Usually describes its purpose and can be an aid to interpretation.

Long title of Offensive Weapons Act (2019) is: ‘An Act to make provision for… offences relating to offensive weapons.’

Question 19

What is the ‘Date of Royal Assent’ of an Act of Parliament?

Answer 19

The date the Act received Royal Assent and became an Act (law) rather than a Bill.

Will be shown in as [11 Feb 2009]

Question 20

What is the ‘Preamble’ of an Act of Parliament?

Answer 20

A fixed block of text, conferring the authority of the Crown upon the Act, thereby making it law.

‘BE IT ENACTED by the King’s most Excellent Majesty….’

Question 21

What is a ‘Part’ of an Act of Parliament?

Answer 21

Act can be divided into parts, to deal with subsections

Question 22

What is a ‘Section’ of an Act of Parliament?

Answer 22

Individual provisions of an Act, sequentially numbered

Question 23

What are the ‘Marginal Notes’ of an Act of Parliament?

Answer 23

Short notations which appear above or alongside each section of an Act which give insight into what provision is about.

Internal aid to interpretation

Question 24

What is a ‘Subsection’ of an Act of Parliament?

Answer 24

Further breaks provisions down into parts

Question 25

What is an ‘Extent Provision’ of an Act of Parliament?

Answer 25

Define situations in which a law applies

Question 26

What is an ‘Enabling Provision’ of an Act of Parliament?

Answer 26

Sometimes an Act’s provisions are deferred from being in force until the relevant minister produces regulations giving that provision effect

Question 27

What is a statutory instrument?

Answer 27

An Act may make provision for another body, with its consent, to provide regulations to give practical effect to the Act.

Result of this delegation = a statutory instrument (or secondary legislation)

Question 28

How can the UK be bound to follow the rules of international treaties?

Answer 28

Royal Prerogative allows the executive (Prime Minister and Cabinet) to bind the UK to rules of international treaties

Question 29

What law making power do senior judges have?

Answer 29

Law making powers beyond the control of Parliament- case law

Case law becomes part of ‘common law.’

Question 30

Are conventions legally binding?

Answer 30

Not strictly, however they are given a lot of weight.

Question 31

How are works of authority used?

Answer 31

Used to help interpret legislation- books written by academics

Question 32

What are intrinsic aids to interpretation?

Answer 32

Material found within the statute itself that can be used to aid interpretation

Examples: Long title/ marginal notes

Question 33

What are extrinsic aids to interpretation?

Answer 33

Material found outside of the statute which can be used to aid interpretation e.g.

Dictionaries, hansard (record of Parliamentary debates), earlier case law, historical context)