CILEx L3 English Legal System & Court Structure 1 — Questions and Answers
Question 1: Which court is the highest court in England and Wales for civil matters?
- The Supreme Court (Correct answer)
- The Court of Appeal
- The High Court
- The Crown Court
Correct answer: The Supreme Court
The Supreme Court is the final court of appeal in England and Wales for civil cases, replacing the House of Lords in 2009.
Question 2: Which doctrine requires lower courts to follow decisions of higher courts?
- Stare decisis (Correct answer)
- Res judicata
- Ratio decidendi
- Obiter dicta
Correct answer: Stare decisis
Stare decisis means 'to stand by decisions' and is the doctrine that binds lower courts to follow precedents set by higher courts.
Question 3: What is the role of the Magistrates' Court in criminal proceedings?
- It hears summary offences and conducts preliminary hearings for indictable offences (Correct answer)
- It hears only the most serious criminal cases
- It handles exclusively civil disputes
- It only deals with appeals from lower tribunals
Correct answer: It hears summary offences and conducts preliminary hearings for indictable offences
Magistrates' Courts handle summary offences (less serious crimes) and conduct initial hearings for indictable offences before sending them to the Crown Court.
Question 4: What is the meaning of 'ratio decidendi'?
- The reason for the decision (Correct answer)
- A statement made in passing
- The final judgment
- The dissenting opinion
Correct answer: The reason for the decision
Ratio decidendi is Latin for 'the reason for the decision' and is the binding part of a judgment that creates precedent.
Question 5: Which court hears appeals in civil cases from the County Court?
- The Court of Appeal (Civil Division) (Correct answer)
- The Supreme Court
- The High Court
- The Crown Court
Correct answer: The Court of Appeal (Civil Division)
The Court of Appeal (Civil Division) hears appeals from the County Court and certain High Court decisions.
Question 6: Which Act established the current Supreme Court of the United Kingdom?
- Constitutional Reform Act 2005 (Correct answer)
- Courts Act 2003
- Senior Courts Act 1981
- Access to Justice Act 1999
Correct answer: Constitutional Reform Act 2005
The Constitutional Reform Act 2005 established the Supreme Court, which replaced the Appellate Committee of the House of Lords and began operating in October 2009.
CILEx L3 English Legal System & Court Structure 1
Which court is the highest court in England and Wales for civil matters?