Legal System of England & Wales

Question 1

what are conventions

Answer 1

by-product of the uncodified parts of the UK constitution - strictly speaking they are unbinding but they are given weight through acknowledgement of their existence

Question 2

doctrine of parliamentary sovereignty

Answer 2

Acts of Parliament are supreme law but we follow a common law system whereby courts are allowed to interpret AoP as well as secondary legislation (statutory instruments) authorised by Parliament to fill gaps and explain what Parliament likely intended by the words in its legislation

Question 3

Rules a court will use to interpret

Answer 3

1) the literal rule
2) the golden rule
3) the mischief rule
4) the purposive rule
SN about wording itself: this is looked at as a whole rather than in isolation

Question 4

County Court handles lower-value claims and has three tracks

Answer 4

1) small claims track
2) fast track
3) multi-track

Question 5

High Court

Answer 5

acts as a civil court of first instance for higher value multi-track cases and as an appellate court for lower value cases. it it split into 3 divisions: King’s Bench, Chancery and Family

Question 6

ADR

Answer 6

mediation: involves use of a ‘third-party’ mediator to guide the parties in the dispute to resolve the situations themselves
arbitration: the parties appoint a ‘third-party’ arbitrator to decide their dispute
negotiated settlements do not involve use of a ‘third-party’ instead the parties negotiate with each other and agree how to settle their dispute

Question 7

Criminal court structure

Answer 7

Summary only offences are of lower severity and include most driving offences and common assault. These can only be tried in magistrates’ court. Indictable only offences are the most serious and include murder, manslaughter and rape. These can only be tried in Crown Court. Either way offences cover a wide range of crimes including theft, possession of drugs and ABH, and can be tried in the Magistrates court if the defendant agrees to be tried without a jury otherwise the trial will be transferred to the Crown Court.

Question 8

Sol’s Right of Audience

Answer 8

have a right to appear before the lower courts (Magistrates, County and Family courts). No right to Crown, High, Court of Appeal or Supreme Court unless completed additional advocacy assessments and applied for higher rights of audience with the SRA.

Question 9

To appeal depends on (CIVIL):

Answer 9

1) seniority of judge presiding over original case
2) the court in which the judge sat when reaching the decision that is being appealed