Acing the SQE/Legal System

Court hierarchy, the appeal system and jurisdiction
A defendant wishes to appeal against a decision of the magistrates' court on a point of law and such an appeal lies to the High Court (Queen's Bench Division).

Rights of audience

 * The Legal Services Act 2007 (“the Act”) describes a “right of audience” as the right to appear before and address a court, including the right to call and examine witnesses (Schedule 2, paragraph 3).


 * Solicitors have the right of audience that is restricted to the lower courts whereas barristers has a wider right of audience in all courts.


 * Rights of audience are a reserved activity, meaning they can only be conducted by authorised, or exempt, persons, otherwise it constitutes a criminal offence.

Primary legislation: the structure of an act of Parliament
Acts of Parliament or Statutes.

1. Public General Acts​

2. Local Acts and Personal Acts

Structure of an Act

a.title​;

b.year and chapter number​;

c.purpose of the Act​;

d.date of Royal Assent​;

e.interpretation​ and ​commencement​ sections.

the literal rule
ordinary meaning (default)

the golden rule
lead to absurdity

the mischief rule
considers mischief intended to prevent

the purposive approach
considers purpose behind the statute

presumptions

 * 1) Against change in the common law unless the Act of Parliament alters it.
 * 2) Mens rea (intention) is required in criminal offence
 * 3) Against retrospective law
 * 4) Presumption against deprivation of liberty
 * 5) The Crown is not bound by statute unless the statute says so.

aids to statutory interpretation and construction
Intrinsic aids

The features of an Act itself including


 * 1) Interpretation sections
 * 2) Titles
 * 3) Preambles
 * 4) Headings

Extrinsic ads


 * 1) Dictionary
 * 2) Hansard
 * 3) Law report