SQE Prep Flashcards

Flashcards for SQE prep based on lecture notes covering the legal system, constitutional law, ethics, contracts, torts, dispute resolution, business law, land law, and criminal law.

In a common law system like that of England and Wales, decisions are made by referring to what?

Statutes, regulations, and judgments from prior cases.

What role do judges play in the legal system of England and Wales?

Judges serve as umpires between the parties and decide the disputes.

What is the 'short title' of an Act of Parliament?

The official name of the Act, e.g., Offensive Weapons Act 2019.

What is the difference between primary and secondary legislation?

Primary legislation is passed directly by Parliament, while secondary legislation is made under the authorisation of Parliament.

What is the 'Literal Rule' of statutory interpretation?

The court applies the ordinary meaning of words to a statute.

What is the 'Golden Rule' of statutory interpretation?

The court uses something other than a word’s ordinary meaning to avoid an absurd result.

What is the 'Mischief Rule' of statutory interpretation?

The court looks to the problem the statute was designed to remedy.

What is the 'Purposive Approach' of statutory interpretation?

The court looks at documents extraneous to the statute to determine why the statute was passed.

What does the rule of statutory interpretation 'Ejusdem generis' mean?

Ambiguous general words in a statutory section which follow specific words should be interpreted as referring to things of the same type as the specific words.

What does the rule of statutory interpretation 'Noscitur a sociis' mean?

Ambiguous words in a statutory section should be interpreted in the context of the statutory section (that is, words should be interpreted by the company they keep).

What does the rule of statutory interpretation 'Expressio unius est exclusio alterius' mean?

If a statutory section lists specific items of a class without a general catch-all, other items of the same class are impliedly excluded.

What does the rule of statutory interpretation 'In Pari Materia' mean?

Ambiguous words in a statutory section should be interpreted consistently with the same words in statutes touching on the same matter.

What are the monetary limitations for Small Claims track cases in County Court?

Not more than £10,000 (or £1,000 in most personal injury cases).

What are the monetary limitations for Fast Track cases in County Court?

Not more than £25,000 (or £10,000 in most personal injury cases).

What are the monetary limitations for Intermediate Track cases in County Court?

Not more than £100,000.

What monetary amount is the general floor for civil cases to be brought in the High Court?

£100,000 (£50,000 for personal injury cases).

Name the three main divisions of the High Court.

King’s Bench, Chancery, and Family.

What are the basic characteristics of mediation?

The parties appoint a neutral third party to guide them through discussions and aid them in arriving at a solution for themselves.

What are the basic characteristics of arbitration?

The parties appoint a neutral third party who discusses the case individually with each party and then issues a final order deciding the case.

What are the basic characteristics of a negotiated settlement?

The parties meet on their own to settle their dispute.

What type of criminal offence cases are heard in Magistrates’ Court?

Summary only offences and either way offences (if defendant agrees to be tried without jury).

What type of criminal offence cases are heard in Crown Court?

Indictable only offences and either way offences (if defendant does not agree to be tried without jury).

What is the maximum sentence a Magistrates’ Court may impose for a single offence?

Six months.

What is required for a solicitor to represent a defendant in Crown Court or in High Court?

The solicitor must have completed additional advocacy assessments and been granted higher rights of audience.

Where can a defendant appeal a decision from the Magistrates’ Court, and what must be made in writing?

To the Crown Court (right to appeal) or to the High Court (if prosecution or defendant) with application needing to be made in writing.

Where can a defendant appeal a decision from the Crown Court?

To the Court of Appeal.

Where can a defendant appeal a decision from the Court of Appeal?

To the Supreme Court if Court of Appeal or Supreme Court grant leave and Court of Appeal certifies that a point of law of general public importance is involved.

What does 'stare decisis' mean?

Let prior decisions stand.

What is vertical privity?

Precedent (the binding effect of prior decisions) works from the top down (higher court decisions bind lower courts).

Are Supreme Court decisions bound by prior decisions?

No, the Supreme Court is not bound by its prior decisions.

What must be involved for a case to be binding precedent?

Similar facts and similar laws.

What is obiter dicta?

A court statement regarding a matter not necessary to the court’s decision, so the statement does not create binding precedent.

What is ratio decidendi?

The parts of a court decision that are essential to the court’s judgment, which does create binding precedent.

The UK's constitution outlines what?

The powers of the branches of government and regulates the relationship between the state, its institutions, and individual citizens.

What does the UK’s constitution include?

Acts of Parliament, common law, and conventions.

Which doctrine provides that the government shall have the power to carry on ordinary business even if the power is not explicitly set out by statute or Royal Prerogative?

The Ram Doctrine

According to constitutional conventions, what will the Monarch always do with bills passed by Parliament?

Give the Royal Assent