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LEGAL SYSTEMS, Family Court, Magistrates Court, County Court, Tribunals -…
LEGAL SYSTEMS
Statutory Interpretation
APPROACHES
GOLDEN = Ordinary meaning absurd result=COURTS USE DIFFERENT MEANING TO AVOID ABSURDITY = Smooth out literal rule
MISCHIEF = Backwards to Golden = WHAT PROBLEM DID STATTUE TRY TO REMEDY ADAPTS WORDS TO ACHIEVE THAT RESULT
LITERAL=If words of statute have clear meaning = apply words as written. IF SOME AMBIGUITY courts give ordinary meaning. Even if it yields absurd result.
PURPOSIVE = accompaniment to Mischief = LOOKS AT WHY STATUTE EXISTS - Commonly used today BUT ALL TESTED
RULES OF LANGUAGE
NOSCITUR A SOCIIS = Word interpreted by company it keeps - Courts consider context word used (using words in the same s. to interpret disputed word)
PARI MATERIA = Upon the same matter / subject - applied where other statutes may assist with interpreting ambiguity in statute
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS = Expression of one thing is exclusion of another = If 1 or more things expressly mentioned statute, things not mentioned excluded
EJUSIDEM GENERIS = Of the same type - used interpret general words - If general word follows 2(or more) specific words
PRESUMPTIONS= (like conventions) unwritten, several that relate to statutes some of them:
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AIDS TO INTERPRETATION
INTRINSIC = Statute primary source of info = statute must be read as whole/consider every word before looking outside Statute.
Ensures judiciary are as close to intention of Parliament before considering extrinsic.
most common = Short Title / Long Title / Preamble / Marginal Notes / Punctuation / Example / Schedules
EXTRINSIC = Statute not enough - Dictionaries / Explanatory notes / Hansard(report of Parliamentary debates)
Court structure
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RIGHTS OF AUDIENCE
Before the lower courts = Magistrates, County, Family.
NO RIGHT TO AUDIENCE BEFORE CROWN / HIGH / APPEAL / SUPREME
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Intro +Sources of Law
INTRO
- Common law system = referring to both 1) STATUTE/REGULATIONS and 2)COURT JUDGEMENTS IN PREVIOUS CASES WITH SIMILAR FACTS
- Adversarial = opposing parties offer legal arguments and dismantle opposing legal arguments
TERMINOLOGY TYPES OF LAW
Criminal = Intervenes with actions of individuals which state(Crown) deems harmful to state/people in it
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Procedural = How adjudication of disputes operates e.g. Time limits / paperwork / CivilProcedureRules
SOURCES OF LAW
International Treaty
Royal prerogative (residual powers of monarch) allows executive (govt(PM + Cabinet)) to enter international treaties on behalf UK
Case Law
Once point of Law determined on binding court level = Determination becomes part of 'Common Law' = Gives senior judges law making role
Statutory Instruments
Act may make provision for another body (with its consent) to provide regulations to give effect to Act = Regulations adopted by body
Works of Authority
Such as textbooks can be aid to interpretation, used less frequently in civil systems
Statute
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Primary source of legislation, once passed called Act of Parliament
Conventions
Rules that outline how things are done, non-legal rules = not enforceable said to be politically binding
Appeals = 2 factors deciding where appeal heard
(1) - SENIORITY of judge original case
(2) - COURT judge sat decision being appealed
permission must be sought from court of initial judgement, BUT IF COURT REFUSES, application can be made to the court case will be appealed.
Not granted in all cases.
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Tribunals
Crown Court - Circuit Judges/Recorders/Juries
APPEALS FROM MAGISTRATES
FRIST INSTANCE CASES FOR ALL INDICTABLE ONLY AND SOME EITHER WAY
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