Acing the SQE/Legal System
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The Legal System of England and Wales and Sources of law[edit | edit source]
The courts[edit | edit source]
the judiciary[edit | edit source]
Court hierarchy, the appeal system and jurisdiction[edit | edit source]
A defendant wishes to appeal against a decision of the magistrates' court on a point of law and such an appeal lies to the High Court (Queen's Bench Division).
Rights of audience[edit | edit source]
- The Legal Services Act 2007 (“the Act”) describes a “right of audience” as the right to appear before and address a court, including the right to call and examine witnesses (Schedule 2, paragraph 3).
- Solicitors have the right of audience that is restricted to the lower courts whereas barristers has a wider right of audience in all courts.
- Rights of audience are a reserved activity, meaning they can only be conducted by authorised, or exempt, persons, otherwise it constitutes a criminal offence.
Development of case law: the doctrine of precedent[edit | edit source]
Primary legislation: the structure of an act of Parliament[edit | edit source]
Acts of Parliament or Statutes.
1. Public General Acts
2. Local Acts and Personal Acts
Structure of an Act
a.title;
b.year and chapter number;
c.purpose of the Act;
d.date of Royal Assent;
e.interpretation and commencement sections.
Statutory interpretation[edit | edit source]
the literal rule[edit | edit source]
ordinary meaning (default)
the golden rule[edit | edit source]
lead to absurdity
the mischief rule[edit | edit source]
considers mischief intended to prevent
the purposive approach[edit | edit source]
considers purpose behind the statute
presumptions[edit | edit source]
- Against change in the common law unless the Act of Parliament alters it.
- Mens rea (intention) is required in criminal offence
- Against retrospective law
- Presumption against deprivation of liberty
- The Crown is not bound by statute unless the statute says so.
aids to statutory interpretation and construction[edit | edit source]
Intrinsic aids
The features of an Act itself including
- Interpretation sections
- Titles
- Preambles
- Headings
Extrinsic ads
- Dictionary
- Hansard
- Law report