CILEx L3 English Legal System & Court Structure 2 — Questions and Answers
Question 1: What type of law is primarily made by judges through decided cases?
- Common law (Correct answer)
- Statute law
- Delegated legislation
- European Union law
Correct answer: Common law
Common law (also called case law or judge-made law) develops through judicial decisions in cases, forming binding precedents for future cases.
Question 2: Which division of the High Court deals with company law and insolvency?
- Chancery Division (Correct answer)
- Queen's Bench Division
- Family Division
- Commercial Court
Correct answer: Chancery Division
The Chancery Division of the High Court handles matters including company law, insolvency, trusts, and probate.
Question 3: What is 'obiter dicta' in a judgment?
- Statements made by the way, not forming part of the binding ratio (Correct answer)
- The binding reason for the decision
- The formal order of the court
- The judge's summary of evidence
Correct answer: Statements made by the way, not forming part of the binding ratio
Obiter dicta are judicial remarks made 'by the way' that do not form the binding ratio decidendi but may be persuasive in future cases.
Question 4: Which court handles the most serious criminal trials in England and Wales?
- The Crown Court (Correct answer)
- The Magistrates' Court
- The High Court
- The Court of Appeal
Correct answer: The Crown Court
The Crown Court hears trials for indictable offences (serious crimes) and uses a jury of 12 members of the public to determine guilt.
Question 5: What is 'delegated legislation'?
- Law made by bodies other than Parliament under authority granted by Parliament (Correct answer)
- Law made directly by Parliament
- Law created by the courts
- International treaties incorporated into domestic law
Correct answer: Law made by bodies other than Parliament under authority granted by Parliament
Delegated legislation is law made by ministers, local authorities, or other bodies using powers granted to them by an enabling Act of Parliament.
Question 6: What is the function of the County Court?
- To hear civil claims, particularly those of lower financial value (Correct answer)
- To hear serious criminal cases
- To hear appeals from Magistrates' Courts
- To review government decisions
Correct answer: To hear civil claims, particularly those of lower financial value
The County Court is the main court for civil claims of lower value, hearing matters such as contract disputes, personal injury, and housing cases.
CILEx L3 English Legal System & Court Structure 2
What type of law is primarily made by judges through decided cases?