The Legal System of `England and Wales
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20 Terms
literal rule
the literal interpretation of the rules of the statute
the golden rule
the rule used when literal interpretation would lead to an absurd result.
the mischief rule
what crime/mischief was the statute designed to protect against
the purposive approach
looking at other sources to figure out the meaning of the statute
how many rules of interpretation are there and which are they
the literal rule, the golden rule, the mischief rule and the purposive approach
expression unius est exclusio alterius
mentioning a few specific members of a class implies the exclusion of others
noscitur a sociis
a word is interpreted in the context of the company it keeps
in pari materia
looking at other statutes to interpret an ambiguity in the statute concerned
ejusdem generis
when a general term follows after two or more specific words, it should be interpreted in light of the specific words
What are the tracks of the County Court?
Small Claims Track
Fast Track
Intermediate Track
Multi Track
What are the functions of the High Court?
civil court of first instance for higher value cases
appellate court for lower value cases
What are the tracks of the High Court?
KIngs’s Bench
Chancery
Family
what are the limits for the small claims track in the county court?
Not more than 10,000; 5,000 in road traffic accident cases or 1,500 in personal injury cases
what are the limits of the fast track?
up to 25,000
what are the limits of the intermediate track?
between 25,000 and 100,000
what are the limits of the multi-track?
in excess of 100,000 or too complex for the fast or intermediate trackshw
What does the King’s Bench Division of the High Court deal with?
Multi-track claims + Administrative court (judivial review)
What does the Chancery Division of the High Court deal with?
Equity: predominantly land, trusts and wills based claims
What does the family division of the high court deal with?
it deals with cases concerning family proceedings: adoption, complex divorce, nullity of marriage, dissolution of civil partnerships