FLK 1 - Legal System

What is the difference between primary and secondary legislation?

Primary legislation: passed directly by parliament

Secondary legislation (statutory instruments): made under the authorisation of parliament

Which court hears summary offences?

Magistrates Court

Which court hears either way offences?

Magistrates court IF defendant agrees to be tried without jury

OR

Crown Court

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

Where must permission to appeal be sought from?

The court that made the initial judgement

BUT

If that court refuses to grant permission to appeal > can be made to court to which case will be appealed

What is stare decisis?

Let decisions stand from previous cases

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 is horizontal binding?

Courts of the level binding themselves unless convincing reason for not doing so

What happens in the event there are conflicting decisions?

Later decision takes precedence

When is a decision binding?

Case must involve similar facts and laws

What is ratio decidendi and obiter dicta?

Ratio - The part of the case that is binding

Obiter dicta - a court statement that’s not necessary to court’s decision SO NOT BINDING

What types of opinion are binding?

Only statements from majority OR unanimous decision

What is civil law?

The body of law that intervenes in relationships between individuals when they go bad

EXAMPLE: breach of contract

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 short title?

Short name given to an act

EXAMPLE: Building Safety Act 2022

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 long title?

Describes purpose of the act

Source of law - Statute - What is date of royal assent?

Date act received royal assent and became an act instead of a bill

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

What is