Chapter 6: Courts, Sources of Law, Case Law

Comprehensive practice flashcards covering English legal system concepts, constitutional milestones, sources of law, case development, statutory interpretation rules, and court personnel.

How is a legal system defined, and what are its three primary components?

A legal system is a body of institutions that make, execute, and resolve disputes on the law of a jurisdiction, plus the law itself. Its three components are the constitution, cultural and historical factors, and unofficial and popular elements.

What core requirements did Lord Bingham articulate for the rule of law, and which case illustrates this regarding state immunity?

The law must be clear and predictable; discretion must be subordinate to law; there must be equality before the law; and the state must provide a safety net for disputes while respecting national and international obligations. This is illustrated by Benkharbouche, where embassy employees were permitted to sue despite state immunity.

What key legal principles were established by Clauses 39 and 40 of Magna Carta in 1215?

Clause 39 established that punishment can occur only by the law of the land, and Clause 40 established that justice will not be sold or delayed, alongside the principle of taxation by consent.

What constitutional principle regarding royal power was asserted by Sir Edward Coke in 1607/1610?

Judges, not the king, decide cases, and “The King has no prerogative but that which the law of the land allows him.”

What constitutional limitation did the Bill of Rights 1688 place on the monarch?

It established that there can be no suspending of laws without the consent of Parliament.

How do civil law and criminal law differ in their aims, standard of proof, and key operating principles?

Civil law aims for remedies and damages, requires proof on the balance of probabilities, and operates on the principle of loser pays. Criminal law aims for punishment, requires proof beyond reasonable doubt, and operates on the principle that the defendant is innocent until proven guilty (Woolmington).

Which Acts united Wales and Scotland with England, and how did their legal settlements differ?

Wales was joined by the Acts of Union 1536 and 1543. Scotland's Act of Union (1707) preserved Scotland's own distinct legal culture.

What are the primary stages a Government Bill must pass through in Parliament to become an Act?

Green Paper (consultation) leads to White Paper (firm proposals), which leads to a Bill. The Bill then undergoes First Reading (formal), Second Reading (principles), Committee stage, Report stage, Third Reading, repeated stages in the House of Lords, and finally Royal Assent.

Under what mechanism can the House of Commons bypass the House of Lords, and what certification is required?

Under the Parliament Acts 1911 and 1949, the House of Commons can bypass the House of Lords if the Lords reject a Bill twice, provided the Speaker of the House certifies it.

What procedural device is used to counter filibustering during parliamentary debates?

The guillotine.

What are four recognized maxims of equity?

1. Equity looks on as done that which ought to be done; 2. Clean hands; 3. Delay defeats equity; 4. Equity will not suffer a wrong without a remedy.

What are the primary equitable remedies available in civil disputes, and which Acts fused common law and equity administration?

Injunction, specific performance, rescission, rectification, and account of profits. The Judicature Acts 1873 and 1875 merged the courts so that all civil courts can grant both common law and equitable remedies.

What major institutional changes did the Constitutional Reform Act 2005 introduce regarding the judiciary?

It removed the Law Lords from the House of Lords to create the Supreme Court, reconstituted the Lord Chancellor as the Secretary of State for Justice, and created the Judicial Appointments Commission (JAC).

Which key jurists are associated with habeas corpus, property rights, separation of powers, utilitarianism, and parliamentary sovereignty?

Coke (habeas corpus, Jalloh); Locke (property rights); Montesquieu (separation of powers into executive, legislature, and judiciary); Bentham (utilitarianism: greatest happiness of the greatest number); and Dicey (parliamentary sovereignty).

What legal principle was established in R v Dudley and Stephens regarding necessity and murder?

Necessity is no defence to murder; law and morality differ, but the law possesses jurisdiction over both.

What were the rulings in Darnel's Case, Zadig, and Okoro regarding civil freedoms?

They established the principle of habeas corpus: there can be no detention without lawful cause.

What legal milestone was reached in the Case of Monopolies?

It established that Crown monopolies are unlawful and affirmed the principle of free trade.

Which case removed the marital rape exemption, correcting an outdated common law ruling?

R v R.

What are the primary doctrines governing parliamentary sovereignty?

Parliament can make or unmake any law; courts cannot declare an Act of Parliament invalid (they can only issue a declaration of incompatibility under the HRA 1998); statute prevails over other law; and Parliament cannot bind its successors.

What is the distinction between primary and secondary legislation?

Primary legislation consists of Acts of Parliament. Secondary legislation includes statutory instruments (laid, then made by a minister, numbering about $3{,}500$ a year) and byelaws (which require ministerial confirmation).

What are the four types of Bills introduced in Parliament?

Public Government Bills (part of the legislative programme), Public Private Members' Bills (introduced by backbench MPs via ballot [$20$] or the 10-minute rule), Private Bills (affecting particular people, bodies, or places; petitions possible), and Hybrid Bills (a mix of public and private, such as Crossrail).

How do consolidating Acts differ from codifying Acts?

Consolidating Acts combine existing statute law without including case law and usually do not change old law (e.g., Insolvency Act 1986). Codifying Acts bring together statute and case law, altering the old law in the process (e.g., Theft Act 1968).

What devolution model applies to Wales under the Wales Act 2017?

The Reserved Powers Model, set out in Schedule 7A (reserved matters) and Schedule 7B (general limits).

What is the Literal Rule of statutory interpretation, and what are its key illustrative cases?

Words are given their plain, ordinary, and natural meaning even if the outcome is harsh or absurd. Key cases include Whiteley v Chappell and London & North Eastern Railway Co v Berriman.

What is the distinction between the narrow and wide applications of the Golden Rule of statutory interpretation?

In its narrow approach, the court chooses between two possible meanings of an ambiguous word (Adler v George, R v Allen). In its wide approach, the court modifies the literal meaning to avoid an obnoxious or repugnant result (Re Sigsworth).

What is the core focus of the Mischief Rule, and which case confirmed that a bicycle is a “carriage” under this approach?

The Mischief Rule asks what defect or harm the Act was originally intended to remedy. Corkery v Carpenter confirmed that a bicycle is a “carriage” under this rule.

What does Section 3 of the Human Rights Act 1998 require of judges interpreting legislation?

It requires judges to read and give effect to primary and subordinate legislation compatibly with Convention rights “so far as possible”; if compatibility is impossible, they may make a declaration of incompatibility (R v A (No 2)).

What do the statutory language rules noscitur a sociis, eiusdem generis, and expressio unius mean?

Noscitur a sociis means a word takes its meaning from surrounding words (Pengelly). Eiusdem generis means general words following specific words include only things of the same kind (Wood, Powell). Expressio unius exclusio alterius means the express mention of one thing excludes others not mentioned (Sedgley).

Under what two conditions does Pepper v Hart permit courts to consult Hansard as an extrinsic aid?

(a) The statute is ambiguous, obscure, or its literal meaning leads to absurdity; and (b) there are clear statements made by a promoting minister or promoter (backbench speeches do not count).

What are the common rebuttable presumptions applied by courts in statutory interpretation?

Presumptions against altering the common law; against retrospective effect; against criminal liability without mens rea (Sweet v Parsley); against deprivation of liberty (ambiguities in penal statutes favor the citizen); against deprivation of property; and against binding the Crown.

What are the qualifications, sitting requirements, and case volume handled by lay Magistrates (JPs)?

Magistrates are lay, unpaid (receiving expenses only), typically sit in benches of three, and are advised by a qualified legal adviser (Courts Act 2003 ss 28-29). They must sit at least $13\text{ days}$ a year and handle about $95\%$ of criminal cases.

What are the qualifications and sentencing powers of District Judges in magistrates' courts?

They are legally qualified lawyers with at least $5\text{ years}$ of experience, sit alone, and have sentencing powers of $6\text{ months}$ per offence, $12\text{ months}$ total, and unlimited fines.

What are the eligibility requirements for jury service under the Juries Act 1974?

A juror must be an ordinary citizen aged $18\text{--}75$, registered on the electoral roll, and resident in the UK for at least $5\text{ years}$.

What are the composition and statutory qualification requirements for Justices of the Supreme Court under Section 25 of the Constitutional Reform Act 2005?

The Supreme Court consists of $12$ justices who must hold at least $2\text{ years}$ of high judicial office or have at least $15\text{ years}$ of qualifying legal practice.

Who are the chief political legal officers of the Crown?

The Secretary of State for Justice (Lord Chancellor), the Attorney General (chief law officer), and the Solicitor General (deputy law officer).