Legal System of England and Wales Flashcards
(137 cards)
A statute made it an offence ‘to impersonate any person entitled to vote.’ An individual impersonated another person to use their vote, and was taken to court under the relevant statute. However, the person that the individual was impersonating was on the electoral register but had died before the election.
Applying the literal rule of statutory interpretation, what would be the likely judgement in this case?
Under the literal rule, the individual could not be convicted of an offence of impersonation as ‘any person entitled to vote’ would be interpreted literally and cannot include dead people, even though this cannot have been the intention of Parliament when the statute was written. Despite this, on a literal interpretation, the judge would be required to follow the literal words of the statute.
An Act of Parliament prohibited betting in a ‘house, office, room, or other place’. A case came before the court to determine whether an outside parade ring at a racecourse constituted an ‘other place’ for the purposes of the Act. The court held that the general phrase ‘other place’ was preceded by specific words that created a class of indoor places, and therefore betting in the outdoor ring would not fall foul of the Act.
Which rule of statutory interpretation would the court have used to come to this conclusion?
The ejusdem generis rule of language means that if a general word follows two or more specific words, the general word will apply only to items that are like the specific words used. So in the example, the specific words created a class of indoor places, and the parade ring was outside, so it would not fall into the same class.
A solicitor is advising their client who is a respondent in divorce proceedings. The proceeding is quite complex as it involves many assets in different jurisdictions as well as a potential child abduction.
What type of Judge is likely to hear this matter?
A High Court Judge as complex matters like this go to the Family Division at the High Court where a High Court Judge sits.
A woman fractured her leg when she fell off a rollercoaster at a well-known theme park. The theme park has admitted fault. The woman has submitted a claim for £9,000 for her fractured leg.
In what court would the claim most likely be heard?
Personal injury claims for more than £5,000 and up to £25,000 are allocated to the fast track unless they are too complex. Here, the claim is for £9,000, and as the theme park has admitted liability, the case is almost certainly not too complex for Fast Track.
Personal injury claims for more than £5,000 and up to £25,000 are allocated to the fast track unless they are too complex. Here, the claim is for £9,000, and as the theme park has admitted liability, the case is almost certainly not too complex for Fast Track.
A truck driver and a construction worker were arguing in a pub about football. The truck driver became aggravated and punched the construction worker. As the construction worker fell to the ground, his head hit a chair and he was knocked unconscious. An off-duty police officer who was also in the pub arrested the truck driver for breach of peace. The construction worker died later that night from a brain injury caused by the fall. Murder charges are brought against the truck driver and the construction worker’s family wants to file a claim in civil court.
Which of the following courts would deal solely with the criminal case?
Crown Court. There are courts that deal with both civil and criminal cases. There are only two courts that are wholly separate. The Crown Court deals solely with criminal cases.
A woman was charged with a summary only Public Order Act offence.
If the woman is convicted, which of the following is the maximum sentence the judge could impose?
Six months’ imprisonment.
A summary only offence may be tried only in Magistrates’ Court. The maximum sentence that may be imposed in Magistrates’ Court for a single offence is six months’ imprisonment. (Of course, the actual sentence also would be limited by the maximum sentence authorized for the specific crime.)
A judge is delivering judgement. In doing so, the judge states “words must be given their plain, ordinary meaning unless to do so would produce an absurd result”.
What term best describes the judge’s statement?
The golden rule.
The golden rule is a modification of the literal rule and provides that words must be given their plain, ordinary meaning unless to do so would produce an absurd result.
An adult male decides to scare his friend by jumping out of the bushes near his house. When the man jumps out from the bushes, his friend is frightened, jumps into the road, and is hit by a car which breaks his arm.
In which courts and in what order could this case arrive?
The Crown court first (for criminal charges), and after that the case can go to the County Court (for civil proceedings).
The prosecution can bring criminal proceedings for the bodily harm suffered and the claimant can bring proceedings in negligence for the bodily harm suffered and potentially win damages. In such instances the civil case takes place once the criminal proceedings have concluded.
United Against Fracking, a pressure group, want to bring a legal challenge against the local authority for unlawfully awarding a contract to fracking company Peters & Co Fracking Plc.
In which court would the judicial review be first heard?
The King’s Bench Division.
A subdivision of the King’s Bench Division - the Administrative Court - hears applications for judicial review against decisions made by the government on legal grounds. The Chancery Division
A negligence case is being heard on appeal in the Court of Appeal. The lower court found that a fish pond was negligently installed in the claimant’s garden and found the installer liable based on a certain statute. Two years ago, the Court of Appeal heard a case under the same statute but the case involved negligent construction of a garden building. In that case, the Court of Appeal found that the installer did come within the statute.
In what circumstances can the Court of Appeal depart from its earlier decision?
The Court of Appeal has generous discretion to depart from its own decisions in criminal cases but rarely in civil cases, and it cannot depart from a Supreme Court decision under any circumstance.
The Court of Appeal is bound by its own decisions in civil cases but there are exceptions to this rule. In criminal cases the Court of Appeal has a generous discretion to depart from one of its own decisions where it is convinced that the case was wrongly decided. Decisions of the Supreme Court, however, must be followed.
A solicitor believes that the process that a court used to arrive at a judgment against the solicitor’s client was ultra vires.
Which of the following statements best describes what ultra vires means?
Beyond the scope of the court’s powers.
The term ultra vires means an action beyond the scope of the actor’s powers.
The Minister for Defence, a member of government, wishes to enter into a bilateral treaty with the United States for the safeguarding of British overseas territories.
Which UK institutions can exercise the prerogative power to enter a bilateral treaty?
The Executive alone.
The Executive has the authority to exercise the royal prerogative without authorisation from the Judiciary or Parliament. The Prime Minister has the power to make and ratify treaties alone. The other choices are incorrect because only the Executive has the prerogative power.
A solicitor was asked to speak to lawyers from a civil code jurisdiction. The lawyers were particularly interested in learning about precedent.
Which of the following statements best explains the doctrine of precedent in UK law?
Under the doctrine of precedent, courts can be bound vertically and horizontally.
The best explanation is that the doctrine of precedent allows for both vertical and horizontal binding effect. Lower courts are bound by decisions of higher courts and in some cases, court decisions are binding on courts of the same level.
Once a point of law is established by a judge in a case, it becomes part of the common law. The inflexibility of the common law is addressed by the principles of equity, which is designed to provide flexibility and fairness.
Which of the following is true regarding remedies in equity?
A common law remedy and an equitable remedy may be granted by the same court.
Due to the merger of common law and chancery courts, a common law remedy and an equitable remedy may be granted in one action by the same court.
What is the role of the judge in the legal system of England and Wales?
To serve as an umpire between the parties and to decide the dispute.
A solicitor working at a firm is asked to research Criminal Finances Act 2017 c. 22. What is the name given to this type of reference to an Act of Parliament?
Its citation.
What is the difference between ‘primary legislation’ and ‘secondary or tertiary legislation’?
Primary legislation is passed directly by Parliament, whereas secondary legislation is not.
Secondary legislation is made under the authorisation of Parliament.
What other name can be given to statutory instruments?
Secondary legislation
Which UK institutions can exercise the prerogative power to enter a bilateral treaty?
The Executive alone.
Describe the statutory interpretation - The court applies the ordinary meaning of words to a statute.
The Literal Rule
Describe the statutory interpretation - The court looks to the problem the statute was designed to remedy.
The Mischief Rule
Describe the statutory interpretation - The court uses something other than a word’s ordinary meaning to avoid an absurd result
The Golden Rule
Describe the statutory interpretation - The court looks at documents extraneous to the statute (such as the content of debates) to determine why the statute was passed.
The Purposive Approach
Describe the statutory interpretation - A statute makes it an offence to be in the vicinity of a commercial airport hangar without prior authorisation. A woman is found in a commercial hangar, but the judge nevertheless finds the woman guilty of the offence
The Golden Rule
