A Level Law Final Examination Questions and Answers

Name the regulatory body for barristers, where it can refer cases to, and available sanctions The independent Bar Standards Board was set up and regulates the profession of barristers. It sets out training and entry standards; a code of conduct which barristers should comply with. It investigates any alleged breach of the code of conduct; it can discipline any barrister who is in breach of the code - if the matter is serious it will be referred to an independent Disciplinary TribuName the regulatory body for solicitors, where it can refer cases to, and available sanctions Name the 4 approaches Literal rule, Golden rule, Mischief rule and Purposive approach. Define the literal rule Judges give words in statutes their ordinary natural dictionary meaning. Give 3 advantages of the literal rule It respects the supremacy of Parliament and leaves law making to those elected for the job. It encourages certainty in the law and the predictable result makes it easier for people to know what the law is and how judges will apply it. Give 3 disadvantages of the literal rule It sometimes leads to an absurd conclusion, words often don't have one plain ordinary meaning, or meanings change over time and its favoured by judges who are reluctant to use external aids; yet external aids could have cleared up any uncertainty over the interpretation of the Act. Define the golden rule A modification of the literal rule and may be used if the judge considers that the literal rule would lead to an absurd outcome. How do the narrow and wider versions of the golden rule differ The narrow version is used where words are capable of more than one meaning, the meaning that is least absurd should be used and the wider way is used to modify clear words in a statute to avoid an absurdity Give some advantages of the golden rule Judges can use it to prevent the absurdity and injustice caused by the literal rule, the judges put into practice what Parliament really means. Give 3 disadvantages of the golden rule Different judges may have different views on when a literal interpretation produces an 'absurd' result which can lead to uncertainty in the law and the unelected judges are beginning to make law so it is said to be undemocratic. its limited in its use so its only used on rare occasions. Define the purposive approach It requires the court to work out the general