Legal System of England and Wales
Legal System covers the institutional and doctrinal foundations of the English legal system. Topics include the court structure and hierarchy, the doctrine of stare decisis (binding precedent), methods of statutory interpretation, sources of law (legislation, case law, EU-derived law), and delegated legislation. This is a relatively contained topic but questions can be detailed on the mechanics of precedent and interpretation.
Practise Legal System of England and Wales questions →What FLK1 tests in Legal System of England and Wales
Court Structure and Hierarchy
Civil courts: Magistrates' Court (family), County Court, High Court (QB, Chancery, Family Divisions), Court of Appeal (Civil Division), Supreme Court. Criminal courts: Magistrates' Court, Crown Court, Court of Appeal (Criminal Division), Supreme Court. The Supreme Court replaced the House of Lords in 2009.
Doctrine of Precedent (Stare Decisis)
Binding precedent: the ratio decidendi (reason for the decision) binds lower courts. Obiter dicta are persuasive only. Court of Appeal is bound by its own previous decisions (with exceptions: Young v Bristol Aeroplane). The Supreme Court can depart from its own decisions (Practice Statement 1966). Distinguishing, overruling, and reversing.
Statutory Interpretation
Literal rule: give words their ordinary meaning. Golden rule: avoid absurd outcomes. Mischief rule (Heydon's Case): what mischief was the statute designed to remedy? Purposive approach: the modern preferred approach — what was Parliament's intention? Use of Hansard (Pepper v Hart). Intrinsic and extrinsic aids.
Legislation and Delegated Legislation
Primary legislation (Acts of Parliament): stages from Bill to Royal Assent. Delegated legislation: Statutory Instruments (laid before Parliament), Bylaws, Orders in Council. Control of delegated legislation: parliamentary scrutiny committees, judicial review on grounds of ultra vires.
EU-Derived and Retained Law
The European Union (Withdrawal) Act 2018 retained EU law as it stood at exit day (31 Jan 2020) as "retained EU law". Courts were not bound by post-exit CJEU decisions. The Retained EU Law (Revocation and Reform) Act 2023 has progressively sunset some retained EU law.
Key cases
The cases most commonly tested in SQE1 MCQs for Legal System of England and Wales.
The Court of Appeal is generally bound by its own decisions, subject to three exceptions.
Hansard may be consulted to resolve statutory ambiguity where the legislation is ambiguous, obscure or leads to absurdity.
The House of Lords can develop the common law to keep pace with modern conditions (marital rape exception abolished).
The courts can examine whether an Act of Parliament was validly enacted using the Parliament Acts.
Other FLK1 topics
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