English legal system

• Define precedent


  Rule/principle established in earlier cases that's binding to following cases
• Adversarial Legal System


  Parties argue in a competitive manner to convince the judge and jury that their version of events is the truth
• Inquisitorial Legal System


  Judge actively prepares all parts of the case - plays investigatory role. Not used in the UK
• Common Law System


  A body of unwritten laws based on legal precedents established by the courts.

  Draws from institutionalised opinions and interpretations from judicial authorities and public juries.
• Civil Law System


  A system of law based on a very comprehensive set of written laws and codes.
• Court of first instance

  Where the case is first heard - to establish the facts of the case -and nothing has been determined yet.
• Privy Council


  a group of royal advisers that set English policies in

  the colonies.

  
  

  -Judges here are same judges as UKSC.

  
  

  Privy council is not part of our court hierarchy so its just persuasive precedent NOT binding, in England.
• Appellate Court


  reviews decisions of lower courts to determine if a significant error of law was made during trial
• What are the three divisions of the High Court?

  King's Bench Division

  Chancery Division

  Family Division
• King's Bench Division


  Deals with contract and tort (civil wrongs) and judicial review

  At full, it consists of 71 judges, headed by the President of the King's Bench Division.
• The Family Division


  Deals with family law

  Consists of up to 19 judges headed by the President of the Family Division
• Chancery Division


  Deals with company law, partnership claims, conveyancing, land law, probate, patent and taxation cases.

  
  

  Consists of 18 High Court judges, headed by the Chancellor of the High Court.
• What are the rules of interpretation

  Intrinsic Aids - Within the Act itself

  
  

  Extrinsic Aids - Things outside of the Statute itself e.g., referring to Dictionary definition
• What are the Wider Rules of Interpretation?


  =techniques courts have developed as a way of interpreting the meaning of words in Statutes where they're ambiguous/difficult.

  -The Literal Rule

  -The Golden Rule

  -The Mischief rule

  -Purposive Approach
• The Literal Rule


  If the words of the Act are clear, you must follow them, no matter how absurd it may be.

  E.g., Whitely V Chappell
• The Golden Rule


  Give words their literal meaning, unless that would lead to an absurd outcome, in which we case we modify the meaning, to avoid the absurdity.

  E.g., Grey V Pearson
• The Mischief Rule


  Identify what 'mischief' Parliament was trying to rectify. The court examines the present legislation and attempts to identify what parliament was trying to accomplish.

  Smith V Hughes
• Purposive Approach


  where judges look to see what the purpose of the law is when interpreting statute
• Ratio Decidendi


  The reason for a decision

  -this is the binding part of a decision
• Obiter Dicta


  NOT binding but can be influential e.g., judges opinions or non-necessary remarks.
• What is legal aid?

  Help re costs of legal advice, family mediation and representation in a court or tribunal.
• Define lay people


  [lay magistrates and juries]- ordinary, non-qualified people in the legal system
• What does lave to appeal mean

  Your right to appeal has been granted by the court.
• what is ADR?


  Alternative Dispute Resolution

  = ways of resolving disputes between consumers and traders that don't involve going to court.