ACCA F4: Ch 1 - English Legal System

The given answer, "Tribunal," is correct because the characteristics described in the statement align more closely with a tribunal rather than a court. Tribunals are known for having experts in specific areas, providing a quicker process, being less formal and intimidating, and not being bound by the doctrine of judicial precedent. Additionally, the mention of legal aid not being available, except for specific cases, suggests a tribunal rather than a court.

After going through various stages in both Houses of Parliament, a Bill must receive Royal Assent in order to become an Act. Royal Assent is the formal approval given by the monarch, signifying that the Bill has been passed by both Houses and can now become law. This is the final step in the legislative process, and without Royal Assent, the Bill cannot become an Act of Parliament.

The given explanation is in line with the Literal rule. The Literal rule states that words in a statute should be given their ordinary dictionary meaning, even if the outcome is undesirable. This means that the court must interpret the law based on the literal meaning of the words used, without considering any underlying intentions or purposes. The focus is solely on the plain and ordinary meaning of the words themselves.

This description refers to the Supreme Court. The Supreme Court is the highest court in the English legal system and is composed of five justices. They hear appeals from the Court of Appeals and, in exceptional cases, from the High Court.

Expressio unius exclusio alterius is a Latin legal principle that means "the expression of one thing is the exclusion of another." This principle is used in statutory interpretation to determine the scope and meaning of a law. If a statute explicitly lists what is covered by its provisions, then anything not mentioned in that list is considered to be intentionally excluded. Therefore, the correct answer is true.

The given answer "Court" is correct because the characteristics mentioned in the question are typically associated with courts rather than tribunals. Courts often handle cases that require specialized knowledge, have a slower process, can be expensive without legal aid, have strict rules regarding evidence and procedure, and are bound by the doctrine of judicial precedent to ensure consistent decisions. Tribunals, on the other hand, are often designed to be more accessible, informal, and specialized in specific areas of law.

This description refers to the Supreme Court. The Supreme Court is the highest court in the English civil court system. It consists of five Law Lords who hear appeals from the Court of Appeal and, in exceptional cases, from the High Court. The Supreme Court is the final court of appeal in the UK for civil cases, and its decisions are binding on all other courts.

Delegated legislation can be difficult to keep up with due to its large volume and lack of publicity. This means that individuals may struggle to stay informed about the changes that are being introduced. Additionally, it is criticized for being undemocratic as it is made without involving the elected House of Commons.

The correct answer is the Mischief rule. The Mischief rule is used to interpret a statute in a way that provides a remedy for the mischief or problem that the statute was enacted to prevent. It focuses on the intention of the lawmakers and aims to give effect to the purpose of the statute. This rule allows the court to go beyond the literal interpretation of the words and consider the underlying purpose and intention of the law.

Delegated legislation saves Parliamentary time by allowing the government to make laws without the need for extensive debate and discussion in Parliament. It also benefits from access to technical expertise, as experts in specific fields can be involved in the drafting of legislation, freeing up Parliament to focus on the broader principles and policy considerations. Additionally, delegated legislation offers flexibility as it can be quickly and easily amended or revoked when necessary. However, its high volume and lack of publicity can make it challenging for the public to keep up with the changes introduced. Critics argue that delegated legislation is undemocratic as it bypasses the elected House of Commons.

The Supreme Court is the highest court in the judicial system and has the power to make decisions that are binding on all lower courts. This means that the decisions made by the Supreme Court must be followed by lower courts, but the Supreme Court itself is not bound by its own previous decisions made after 1966.

The given correct answer is "Golden rule." The Golden rule is used in statute interpretation to ensure that preference is given to the meaning that does not result in the provision being an absurdity. It is applied when the Literal rule provides more than one meaning or leads to an absurd result. The Golden rule helps to avoid unreasonable or illogical interpretations of statutes.

During the first reading of a Bill, the name of the Bill and its proposer are read out. This stage is mainly a formal introduction of the Bill to the House, where no debate or voting takes place. It allows Members of Parliament to be aware of the Bill's existence and its general content. The first reading is an essential step in the legislative process as it marks the beginning of the Bill's journey through Parliament.

The description provided refers to the County Court. This court handles first instance civil claims in various areas such as contract, tort, landlord and tenant, probate, and insolvency. Small claims are heard by one district judge in an informal setting with no costs awarded. Fast-track and some multitrack cases are heard by one circuit judge.

The third reading is the final stage that a bill must go through in order to become an Act of Parliament. At this stage, the bill is read for the final time and any further amendments or changes to the bill can be made. After the third reading, the bill will proceed to receive the Royal Assent, which is the final step in the legislative process.

Delegated legislation refers to laws made by a body or person other than Parliament, but on its behalf. In this context, bye-laws are a form of delegated legislation made by local authorities. Bye-laws are specific rules and regulations that are enacted by local authorities to govern certain local issues or activities within their jurisdiction. They are typically created to address matters that are not covered by national or general legislation and are enforced at a local level. Therefore, bye-laws are a correct example of delegated legislation made by local authorities.

Convention law refers to the legal framework established by the Convention and the decisions made by the European Court of Human Rights. This means that Convention law encompasses the principles, rules, and standards set forth in the Convention, as well as the interpretations and judgments made by the European Court of Human Rights in relation to the Convention. It is important to note that Convention law specifically pertains to the European Court of Human Rights and not other courts such as the European Court of Appeal or the Supreme Court.

Delegated legislation refers to laws that are made by Government Ministers using powers delegated by Parliament. Statutory instruments are a type of delegated legislation. They are rules, regulations, or orders that are made by a government minister under the authority of an existing Act of Parliament. Statutory instruments allow the government to make detailed changes to legislation without the need for full parliamentary scrutiny and debate. Therefore, the correct answer for this question is "Statutory instruments".

Orders in Council are a form of delegated legislation that are made by the Privy Council in the name of the Monarch on the advice of the Prime Minister. This means that the Privy Council, acting on behalf of Parliament, has the authority to create laws and regulations. Orders in Council are often used for matters that require immediate attention or for implementing government policies. They have the same legal force as Acts of Parliament and are an important tool for the government to make laws without the need for full parliamentary scrutiny.

The given description refers to the High Court of Justice. It mentions that the High Court has one high court judge in the first instance and that the Queen's Bench Division hears first instance cases of contract and tort. The Chancery Division deals with various areas of law such as land law, trust, company law, partnership law, and insolvency. The Family Division specifically handles matrimonial cases. Therefore, the High Court of Justice is the correct answer.

The given correct answer is the Purposive Rule. The explanation provided states that the court, when using this approach, goes beyond just identifying gaps in the old law and instead tries to determine what Parliament intended to achieve. This suggests that the court looks at the purpose or objective behind the law when interpreting it.

The correct answer is Court of Appeal. The description states that three Lord Justices of Appeal hear appeals from the High Court and County courts, which matches the role and function of the Court of Appeal in the English civil court system. The Court of Appeal is the second-highest court in England and Wales, and it primarily handles appeals from lower courts, providing a higher level of review and judgment.

The description refers to the European Court of Justice because it deals with actions between the EU institutions and member states, is the ultimate authority on the interpretation of European Law, is superior to the House of Lords, and cases can be referred to this court by national courts.

The explanation for the correct answer, which is True, is that appeals to the employment appeal tribunal (EAT) can only be made on a point of law. The EAT consists of one High Court judge and two or four expert laymen.

During the Committee stage, a smaller number of MPs carefully examine and discuss the specific wording and details of the Bill. This stage can take a significant amount of time, especially if the Bill is controversial or contentious. MPs have the opportunity to propose amendments, debate the provisions of the Bill, and make changes to improve its content. The Committee stage allows for a thorough examination of the Bill before it progresses further in the legislative process.

The correct answer is "legal" because the ratio decidendi refers to the legal reasoning or legal principle that forms the basis of a court's decision. It is the essential part of a court's decision that sets a precedent for future cases. The ratio decidendi is the legal justification or rationale that explains why the court arrived at its decision.

The description refers to the Magistrates' Court. This court is the court of first instance and deals with criminal cases in various ways. For summary offences, it determines whether the defendant is guilty and imposes the penalty. For indictable offences, it conducts committal proceedings to ensure that the defendant has a case to answer before a trial by jury.

The report stage is the stage in which the Bill, after being amended by the Committee, is reported back to the full House. This allows all members of the House to review the amendments made and discuss any further changes or concerns. It is an important stage in the legislative process as it ensures transparency and accountability before the Bill moves on to the final reading and potential enactment.

The given answer highlights the disadvantages of judicial precedent. It explains that the law can become complex due to the large number of cases, leading to inconsistencies and conflicting arguments within judgments. This complexity makes it difficult to understand and apply precedent. Additionally, the answer mentions that the law can become rigid, lacking flexibility and hindering development. It also points out that case law is reactive, as decisions are made in response to specific situations rather than proactively addressing issues in advance.

Parliament consists of the House of Commons, the House of Lords, and the Monarch. The Monarch is an essential part of the parliamentary system in countries like the United Kingdom. While the House of Commons represents the elected members of Parliament and the House of Lords represents appointed and hereditary members, the Monarch represents the head of state. The Monarch's role in Parliament includes granting royal assent to legislation, giving speeches during the State Opening of Parliament, and providing guidance and advice to the government.

The Magistrates' Court is the correct answer because it has mainly criminal jurisdiction but also has civil jurisdiction in family matters such as contact orders, adoption, and maintenance. Additionally, it has powers to recover council tax arrears and charges for water, gas, and electricity.

The given description states that the court being referred to is the final court of appeal for matters concerning the HRA 1998 (Human Rights Act 1998). It also mentions that proceedings in the English court must have been exhausted before the case can be heard by this court. The European Court of Human Rights is the correct answer because it is the final court of appeal for human rights matters and it requires exhaustion of domestic remedies before hearing a case.

The given description refers to the Crown Court. In the Crown Court, a judge presides over the proceedings and is responsible for deciding questions of law and imposing punishment. The case is heard before a jury, whose role is to determine questions of fact, such as whether the defendant is guilty of the offense. The Crown Court is the appropriate court for more serious criminal cases that require a jury trial.

The correct answer is Eiusdem generis. This rule states that general words in a statute are interpreted to mean the same kind of thing as the specific words that come before them. In other words, when there is a list of specific words followed by general words, the general words are limited in meaning to the same category or class as the specific words. This rule helps to ensure that the interpretation of statutes is consistent and avoids any ambiguity.

Criminal law relates to conduct that the State disapproves of and seeks to control. Its purpose is to enforce specific forms of behavior by the State, ensuring compliance. The case is brought by the State in the name of the Crown, indicated by the use of "Regina v ..." in the case name. The burden of proof is high, requiring guilt to be shown beyond reasonable doubt. The object of criminal law is to regulate society through the threat of punishment. If found guilty, the court will impose a sentence, such as a fine or imprisonment. If innocent, the accused will be acquitted.

The second reading stage is where debate takes place on the principles of the Bill and it is then voted upon. This is an important stage in the legislative process as it allows Members of Parliament to discuss and scrutinize the content of the Bill. The outcome of the vote at the second reading determines whether the Bill will proceed to the next stage or not.

The Court of Appeal binds all lower courts and itself in civil cases unless an earlier decision is overruled or inconsistent with European law. This means that the decisions made by the Court of Appeal have a binding effect on lower courts and must be followed unless there is a valid reason to depart from them. The Court of Appeal plays a crucial role in establishing legal precedents and ensuring consistency in the application of the law.

Note that the ECtHR is free to depart from its own previous decisions.

Parliamentary control refers to the power of the Parliament to create, amend, or revoke delegated legislation. Judicial control refers to the power of the courts to interpret and review the legality of delegated legislation. The Human Rights Act 1998 allows individuals to challenge delegated legislation if it violates their human rights. Therefore, the correct answer is Parliamentary, Judicial, Human Rights Act 1998 as all three means provide a way to control delegated legislation.

Employment tribunals are composed of one employment judge, plus two expert laymen who are drawn from panels representing both sides of the industry.

Obiter dicta are other statements made by the judges.

Equity is a legal system that developed as a response to perceived injustices in common law. It was created through petitions by individuals who believed that common law had led to unfair outcomes. Equity is more flexible than common law and introduced new discretionary remedies such as injunctions and specific performance. It is concerned with fairness and will not be granted if there is undue delay in bringing the case, if the petitioner has acted unfairly, or if there is no mutuality between the parties.

A precedent is not binding when it has been overruled by a higher court, meaning that a court of higher authority has made a decision that contradicts or overturns the previous ruling. It is also not binding if it has been overruled by statute, which means that a law or legislation has been enacted that supersedes or invalidates the previous precedent. Additionally, a precedent is not binding if it was made without proper care, known as per incuriam, indicating that the court made an error or oversight in its decision-making process. Lastly, a precedent is not binding if it can be distinguished from the earlier case, meaning that there are significant differences in the material facts between the two cases.

The High Court is not bound by its own decisions but has strong persuasive authority. This means that while the High Court is not legally obligated to follow its own previous decisions, it often takes them into consideration and gives them significant weight when making future decisions. This allows for flexibility and adaptability in the legal system, as the High Court can reassess and potentially change its stance on certain issues based on new evidence or changing societal norms.

The advantages of judicial precedent include consistency in the legal system, as decisions reached through the doctrine of precedent ensure predictability in litigation outcomes. It also allows for flexibility in the English legal system, as decisions can be adapted and extended to accommodate changes in society. Following the ratio decidendi ensures clarity in the law, making it easy to identify the law being applied. Additionally, decisions are based on actual events, making the system practical. However, the complexity of the law and potential inconsistencies can make it difficult to understand and apply precedents. It can also lead to rigidity and hinder the development of the law, as it is reactive rather than proactive.

The description refers to the Court of Appeal. It is the English criminal court where three judges preside and hears appeals from the Magistrates Court on points of law. Appeals from the Court of Appeal go directly to the Supreme Court. The High Court is not the correct answer because it is a different court that deals with a wide range of civil and criminal cases.

Common Law is a legal system that developed from local customs and introduced the system of precedent. It is characterized by the fact that the only remedy available is damages, and it can be rigid and inflexible in its application. It was not developed as a petition by a party who felt the common law had led to injustice. Additionally, it introduced new discretionary remedies such as injunctions and specific performance. Common Law is concerned with fairness and will not be granted if there is undue delay, unfair actions by the petitioner, or lack of mutuality.

The answer includes a list of presumptions related to statutory interpretations. These presumptions provide general rules that apply unless the legislation explicitly states otherwise. The answer states that a statute will not bind the Crown, meaning that the Crown (the monarchy or government) is not subject to the same legal obligations as ordinary individuals or organizations. It also mentions that a statute cannot conflict with international law and should be interpreted in a way that aligns with international obligations. Additionally, the answer states that a statute does not have retrospective effect, meaning it cannot apply to events that occurred before its enactment. It also mentions that a statute does not alter the common law, meaning it does not change the existing legal principles established by court decisions. The answer further states that a statute does not exclude the jurisdiction of the court, meaning it does not prevent the court from hearing and deciding cases related to its provisions. Finally, the answer states that legislation does not extend beyond the territorial jurisdiction of the UK, meaning it only applies within the geographical boundaries of the United Kingdom.

Courts can use various aids to help them interpret a statute. These aids include the legislation itself, judicial precedents, the Interpretation Act 1978, the Oxford English Dictionary, Hansard, sources of EC law, the Human Rights Act 1998, and legal precedents. These aids provide additional information and context to understand the meaning and intention behind a statute, ensuring a fair and accurate interpretation.

The Human Rights Act 1998 incorporates the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 into UK domestic law. This means that the rights outlined in the European Convention are legally protected and enforceable in the UK. The most important rights covered include the right to life, the right to liberty and security, the right to a fair trial, the right to freedom of thought, conscience and religion, freedom of expression, freedom of assembly, prohibition of discrimination, the right to free elections, and the right to a secure life. These rights are fundamental to protecting the dignity and well-being of individuals in society.