FLK 1 - Legal System

Which court hears summary offences?

Magistrates Court

Which court hears either way offences?

Magistrates court IF defendant agrees to be tried without jury AND if the magistrates agree to accept jurisdiction

OR

Crown Court

What is the maximum sentence the magistrates court can impose?

6 months for one or more summary offence

1 year for one or more either way offence

Which judges hear cases in crown court?

High Court judges

Circuit judges

For simpler cases - recorders

What are characteristics of a jury?

Between ages 18 and 75 selected from electoral register

Can be vetted in exceptional circumstances such as terrorism cases

Must conduct discussions privately

Which court hears indictable only offences?

Crown Court

In which courts do solicitors NOT automatically have right to appear?

Crown Court

High Court

Court of Appeal

Supreme Court

Will need to undertake additional assessment AND apply for higher right of audience with the SRA

What is the vertical binding effect?

Higher court decision binds lower court

SC and COA - bind below courts

HC and Crown Court - bind below

What happens in the event there are conflicting decisions?

Later decision takes precedence

What is the purposive approach?

The court will look at documents extraneous to the statute to determine WHY the statute was passed ie Hansard

What types of opinion are binding?

Only statements from majority OR unanimous decision

What is substantive law?

Law that defines people’s rights and obligations

EXAMPLE: definition of theft

What is procedural law?

Governs HOW adjudication of disputes operate - the rules surrounding the substantive law

EXAMPLE: Time limits

Source of law - Statute - What is a citation?

The specific chapter number given to an act

EXAMPLE: chapter 17 is for offensive weapons act

Source of law - Statute - What is sections?

Individual provisions of an act - usually numbered

Source of law - Statute - What are marginal notes?

Internal aids, like annotations

Source of law - Statute - What are sub-sections?

It further breaks down provisions into parts

Source of law - Statute - What are extent provisions?

Define situation in which law applies

EXAMPLE: “The following provisions of this Act extend to England and Wales, Scotland….”

Source of law - Statute - What is enabling provisions?

Sometimes an act’s provisions are deferred until minister produces regulations that gives provision effect

Source of law - what is an international treaty?

Royal prerogative that allows executive (PM and Cabinet) to bind UK to intl treaties (different national govts)

Statutory interpretation - What is the golden rule?

Where court uses something other than the ordinary meaning to avoid absurd result

Statutory interpretation - What is the mischief rule?

Court looks to the problem or GAP statute was designed to remedy

Statutory interpretation - What is expressio unius est exclusio alterius?

If one of more things of a class are expressly mentioned, the things NOT MENTIONED ARE EXCLUDED

Statutory interpretation - What is noscitur a sociis?

When interpreting statute, courts consider the CONTEXT in which the word is used

Statutory interpretation - What is In Pari Materia?

Ambiguous words in a statutory section should be interpreted consistently with the same words IN OTHER STATUTES touching on the SAME MATTER

Statutory interpretation - What is ejusdem generis?

Ambiguous words should be interpreted in line with the specific words (within the same statute)

What is an adversarial system?

Parties (rather than the judge) call and examine witnesses.

Judge is an umpire

Are conventions legally enforceable?

No! BUT they are highly considered by the courts

What are the presumptions?

Assist courts in finding intention of parliament

They work like conventions

THEY CAN BE REBUTTED

Which court deals with claims of £10,000 or less?

County Court

Where are small claims track cases tried?

County Court

Where are fast track cases typically tried?

County Court

Where are multi-track cases tried?

County Court AND High Court

If a person is convicted of a summary offence in the Magistrate’s Court, to which court can the person appeal the conviction?

Crown Court

What is the judicial act of distinguishing a case?

It occurs when a court indicates the material facts of a previous case and those of the present case are DIFFERENT

Which elements are needed to make a case binding?

1. Superior court

2. Statement of law in previous case on the same or similar facts

3. Statement must be part of the ratio

Which cases are heard by the High Court?

Civil cases

Cases wotth £100,000 or more

Cases involving personal injury worth £50,000 or more

When can the Supreme Court depart from its earlier decisions?

When the court concludes it appears right to do so

When can the Court of Appeal depart from its earlier decision?

If it is convinced that it is wrong (Within the CRIMINAL division)

Which court handles claims involving more than £25,000 but less than £100,000?

The county Court

on the INTERMEDIATE track

In which courts do solicitors have rights of audience?

The Magistrates Court, the County Court and the Family Court

Which test will the Supreme Court apply when considering an application for permission to appeal?

Whether the application raises a point of law of public importance

If a defendant pleads guilty what can they appeal?

They can ONLY appeal the sentence and NOT the conviction

If the defendant pleads NOT guilty, what can they appeal?

The conviction AND the sentence

Where parliament has enacted an act of parliament but some of the provisions will only take effect from the date specified by the Secretary of State in secondary legislation, what is that called?

A commencement order

In what circumstance is it appropriate for a judge to use the literal rule?

When there is no ambiguity in the words of the statute

Which courts deal with cases in first instance?

County Court and High Court

What are the various tracks for county court?

Small claims: Not more than £10k, or 5k in road traffic accident cases, or 1.5k in personal injury cases

Fast track: not more than £25k

Intermediate: MORE THAN £25k but not more than £100k

Multi track: cases more than £100k or too complex for fast or immediate track

Which division in the High Court deals with multi track civil claims for common law actions ie contract and tort? It also has the Administrative Court that deals with e.g. applications for judicial review?

King’s bench division

Which division of the High Court deals with land, trust, and wills based claims?

Chancery division

What is mediation?

MOST COMMON

Where parties appoint neutral party to guide them through discussion and aid them in arriving solution themselves

What is arbitration?

Where parties appoint neutral third party that hears evidence from both sides

ISSUES BINDING DECISION - AN AWARD

Is the arbitration award enforceable in court?

YES

For county court, what’s the appeal process?

District judge hearing small claim > circuit judge (more senior)

Circuit judge > High Court judge

On what grounds will an appeal be granted?

The claim needs to have real prospect of success OR

There is another pressing reason to hear the case

What is appeal process from Crown Court?

Crown Court > Court of Appeal

Have 28 days to apply

What are grounds for appeal to COA from Crown Court?

Conviction - was unsafe

Sentence - wrong in law, principle or manifestly excessive

prosecution - can appeal ruling made by judge during trial BUT not appeal jury decision to acquit

Which guidelines apply for horizontal binding effect?

Supreme Court - does not bind itself

COA - generally binding on themselves BUT in criminal, have discretion to depart if convinced earlier decision was wrong

High Court - only binding if judge was acting in appellate court

Lower first instance court- no binding effect

What is the principle of equity?

The common law courts and chancery courts merged. Meant that it is now possible to apply for common law remedy OR equitable remedy in the same court.

What is a common law system?

Legal system where decisions about disputes are are made by referring to statutes, regulations AND court judgments in previous cases that involve similar facts

What are the principles of common law remedies and equitable remedies?

Common law: must satisfy the requirements of the common law

Equitable: Are DISCRETIONARY

Must be just and fair to grant the remedy

For multi-track claims, when should complex claims be initiated in the High Court, King’s bench division?

if

1. The financial value of the claim and the amount in dispute are high

2. The case is complex OR

3. The outcome of the case is important to the general public