Introduction to Law and Practice Flashcards

Which of the following is the highest court in the English legal system?

Answer: The Supreme Court

The Supreme Court of the United Kingdom, established by the Constitutional Reform Act 2005, replaced the House of Lords as the final court of appeal and sits at the apex of the English court hierarchy.

What is the doctrine of judicial precedent also known as?

Answer: Stare decisis

Stare decisis, meaning 'to stand by things decided', is the Latin term for the doctrine of judicial precedent. It requires courts to follow decisions of higher courts in similar cases, ensuring consistency and predictability in the law.

Which type of legislation is created by bodies other than Parliament under powers delegated by an Act of Parliament?

Answer: Delegated legislation

Delegated (or secondary/subordinate) legislation is made by ministers, local authorities, or other bodies under powers granted to them by an enabling Act of Parliament. Examples include statutory instruments, orders in council, and bylaws.

In which court would a claim for damages of £80,000 in a civil dispute typically be heard?

Answer: County Court

The County Court handles most civil claims. Claims up to £100,000 are generally allocated to the County Court, while claims over £100,000 or those of particular complexity may be heard in the High Court. The track allocation depends on the value and nature of the claim.

What is the binding part of a court judgment that forms the legal principle for future cases?

Answer: Ratio decidendi

The ratio decidendi is the legal reasoning or principle upon which the decision is based. It is the binding element of a judgment that lower courts must follow under the doctrine of precedent. Obiter dicta are comments made 'by the way' and are persuasive but not binding.

Which of the following is an example of an alternative dispute resolution (ADR) method?

Answer: Mediation

Mediation is a well-established form of ADR where an independent third party helps disputing parties reach a mutually acceptable settlement. The Civil Procedure Rules actively encourage parties to consider ADR before resorting to litigation, and unreasonable refusal to mediate can result in costs penalties.