Legal System Flashcards
(142 cards)
1
Q
How are decisions made in England and Wales’ common law system
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Referring to statutes, regulations, judgments from prior cases
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Q
What is this part of an Act of Parliament? “BE IT ENACTED by the [Monarch’s] most Excellent majesty…”
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Preamble
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A
4
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What is this part of an Act of Parliament? “The following provisions of this Act extend to England and Wales, Scotland…”
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Extent Provision
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A
6
Q
What is this part of an Act of Parliament? “Offensive Weapons Act 2019”
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Short title
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8
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What is this part of an Act of Parliament? “The following provisions come into force on such day as the Secretary of State may be regulations appoint”
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Enabling provision
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10
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How does primary legislation get passed
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directly by Parliament
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12
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how does secondary and tertiary legislation get passed
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made under the authorisation of Parliament
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14
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what is secondary legislation also called
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statutory instruments
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16
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what are conventions
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unwritten rules regarding how things are done - great weight in court
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18
Q
In the UK - only who can exercise the prerogative power to enter into a bilateral treaty?
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The Executive
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A
20
Q
What is the doctrine of Parliamentary Sovereignty
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the Supreme Court does not have the power to amend an Act of Parliament or find an act invalid
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A
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What is the Literal Rule
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The court applies the ordinary meaning of words to the statute
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24
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What rule of statutory interpretation did the judge use in this scenario?
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A man voted using his deceased brother's name. he was discovered and charged with the offence of impersonating a person entitled to vote. the judge found that the man not guilty because a dead person is not entitled to vote.
the literal rule
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What is the golden rule
the court uses something other than a word's ordinary meaning to avoid an absurd result.
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What rule of statutory interpretation did the judge use in this scenario? "A statute makes it an offence to be in the vicinity of a commercial airport hangar without prior authorisation. a woman is found in the commercial hangar. but the judge still finds the woman guilty of the offence"
golden rule
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what is the mischief rule
the court looks to the problem the statute was designed to remedy
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What rule of statutory interpretation did the judge use in this scenario? "a law prohibits a person from selling illegal drugs in teh street or any public place. a woman was arrested by selling illegal drugs in her home. the judge interpreted the statute selling illegal drugs from a private home"
the mischief rule
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what is the purposive approach
the court looks at documents extraneous to the statute to determine why the statute was passed
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what is ejusdem generis
ambiguous general words which follow specific words should be interpreted referring to things of the same type as the specific words
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what is noscitur a sociis
ambiguous words in a statutory section should be interpreted in the context of the statutory section
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what is expressio unius est exclusiuo alterius
if a statutory section lists specific items of a class without a general catch-all, other items of the same class are impliedly excluded
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what is in pari materia
ambiguous words in a statutory section should be interpreted consistently with the same words in statutes touching on the same matter
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What rule of statutory interpretation did the judge use in this scenario? The statute prohibits the possession of firearms, explosives, cudgels, knives, or any other type of offensive weapon within a cinema. A man became angry with a person who was talking during a movie and stabbed the person with a pen. The man was charged with battery and possession of a dangerous weapon under the statute. The man was acquitted of the weapons charge
esudjem generis
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What rule of statutory interpretation did the judge use in this scenario? statute provides that all houses that are kept open for public refresh-ment, resort, and entertainment must have a license. The owner of a café that only served food was fined for not having a license under the statute.
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The owner argued that she did not need a license because she did not provide entertainment. The judge upheld the fine, ruling that the word entertainment did not mean musical entertainment but rather the reception and accommodation of people.
noscitur a sociis
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What rule of statutory interpretation did the judge use in this scenario? statute provides that places of public entertainment that sell food must be licensed to do so. However, the statute exempts cinemas that sell popcorn, ice cream, and/or sweets. The owner of a cinema that sells sandwiches and chips in addition to popcorn, ice cream, and sweets was fined for not having a license. The owner defends, claiming to be exempt under the statute. The judge upholds the fine.
expressio unius est exclusiuo alterius
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What rule of statutory interpretation did the judge use in this scenario? A food safety statute provides that 'places of public refreshment' must be licensed if they sell food. The statute does not define 'places of public refreshment. The owner of a cinema that sells popcorn, ice cream, and sweets was fined under the statute for not having a license. The owner defended, arguing a cinema is not a 'place of public refreshment. Using the definition of 'places of public refreshment' from a statute regulating places of entertainment, the judge upheld the fine.
pari materia
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what is the monetary limitation for small claims (county court)
not more than 10,000
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what is the monetary limitation for small claims - personal injury cases
not more than 1000
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what is the monetary limitation for fast track claims (county court)
not more than 25,000 (10,000-25,000)
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what is the monetary limitation for intermediate track claims (county court)
not more than 100,000 (25,000-100,000)
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what is the monetary limitation for fast track claims - personal injury cases
10000
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where do cases of more than 100,000 be allocated
high court
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which 3 divisions does the high court comprise of
1. King's Bench
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2. Chancery
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3. Family
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What does the king's bench deal with - what sub-courts does it have
multi-track claims for all common law civil actions. includes administrative court, commercial court and technology & construction court
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what types of cases does the chancery court deal with
land contracts, trusts, wills
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what cases does the family court deal with
family proceedings, adoption, divorces
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what is mediation
parties appoint neutral TP to guide them through discussion and arrive at solution for themselves
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what is arbitration
parties appoint a neutral TP who discusses the case indiviually with each party then issues final order deciding the case
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what is negotiated settlement
parties meet on their own to discuss settlement
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where are summary offences heard
only magistrates court
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where are either way offences heard
magistrates court if the defendant agrees to be tried without jury or the crown court
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where are indictable offences heard
only crown court
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can a solicitor speak for defendant in crown court / high court
not unless has higher rights of audience
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what is the max sentence a MC may impose for a single offence
6 months
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where must permission to appeal be sought from
from the court that made the initial judgment
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what happens if the court refuses granting appeal - where can application be made
to the court to which the case will be appealed
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when will appeal be granted
1. claim looks to have real prospect of success
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2. another pressing reason to hear the case
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where does civil appeal from district judge of county court go to
circuit judge of county court
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where does civil appeal from circuit judge of county court go to
high court judge of high court
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where does civil appeal from masters in high court go to
high court judge of high court
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where does civil appeal from high court judge
lord justice of appeal - CA
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where does civil appeal from lord justice of appeal go to
justice of supreme court - SC
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how may a criminal defendant appeal from magistrates court
1. right to appeal to Crown court
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2. can appeal conviction + sentence (but only if PG)
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3. appeal is full re-hearing
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4. must be in writing within 21 days of decision (only legal arguments, no new evidence)
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when can a criminal defendant or the prosecution appeal to the high court from the MC
on the ground the decision was wrong in law or in excess of MC jurisdiction (ultra vires)
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how may a criminal defendant appeal from crown court
1. to the CA against conviction or sentence
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2. permission to appeal
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what happens if permission is granted to appeal from CC to CA
application must be lodged within 28 days of decision being appealed
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what is the ground for appeal against conviction
that it was unsafe - evidence wrongly admitted / excluded, directions were wrong, judge was biased, etc.
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what is the ground for appeal of sentence
wrong in law, wrong in principle, manifestly excessive
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when can CA decisions be appealed to SC
1. CA / SC grants leave
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2. CA certifies point of law of general public importance involved
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are civil court of appeal cases binding
generally binding in future CA cases
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are criminal CA cases binding
generally yes but have discretion to depart if convinced earlier decision was wrong
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are high court decisions binding
generally binding in future hC cases if court was acting as appellate court but not if acting as trial court
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is SC bound by prior decisions
`not bound
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what is the effect of obiter dicta
not create binding precedent
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what is the effect of ratio decidendi
does create binding precedent
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which statements form binding precedent
majority or unanimous ecision
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which statements are only persuasive
minority and dissenting opinions
