PGDL Public Law Exam Questions And Answers (Guaranteed A+)

PGDL Public Law Exam Questions And Answers (Guaranteed A+) What is English Law derived from? - AnswerPrimary legislation Legislation - AnswerThe laws passed by Parliament Primary Legislation - AnswerActs of Parliament Statute - AnswerLaw Secondary Legislation - AnswerLaws made under primary legislation Statutory Instruments - AnswerRegulations, rules and orders passed by ministers By-Laws - AnswerLocal laws under the Local Government Act 1972 Orders in Council - AnswerLaws made by the Privy Council Who's role is it to interpret and enforce legislation - AnswerThe courts The Literal Rule - AnswerWords should be given their plain, ordinary, natural meeting The Golden Rule - AnswerThe literal rule should be followed unless it produces an absurd or inconsistent result or a result that would be an affront to public policy The Mischief Rule - AnswerInterpreting legislation in light of the law that existed before that legislation Purposive approach - AnswerInterpreting the legislation so as to give effect to its purpose Ejusdem Generis - AnswerOf the same type Noscitur a sociis - AnswerKnown by the company it keeps Expression unius est exclusio alterius - AnswerTo express one thing is to exclude other things Presumption against alteration of the common law - AnswerParliament can expressly alter the common law, but the courts should not imply an intention to change the existing law Presumption against retrospective operation of statute - AnswerParliament can expressly state that an Act comes into force on an earlier date, but if not the courts should presume that statutes do not operate retrospectively ©EVERLY 2024/2025 ALL RIGHTS RESERVED. 2 | P a g e Presumption against deprivation of liberty, property and private rights - AnswerParliament is presumed not to intend to deprive anyone of their liberty or their property, not to deal with their personal property without compensation Presumption against ousting the jurisdiction of the courts - AnswerParliament is presumed not to intend to oust the jurisdiction of the courts Ouster Clause - AnswerA clause included in apiece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive Presumption against binding the Crown - AnswerActs of parliament are presumed not to bind the monarch unless the Act expressly states as much Presumption against criminal liability without a Mens Rea - AnswerUnless Parliament state expressly or it is implied by being termed an offence of 'strict liability' it will be presumed that parliament intended no liability for a criminal offence Intrinsic - AnswerIncluded in the legislation itself Extrinsic - AnswerExternal to the legislation The interpretation Act 1978 - AnswerProvides for commonly used words in legislation Ratio Decidendi - AnswerDecisive legal reasoning Obiter Dicta - AnswerStatements made by the judge which are not part of the ratio Court Hierarchy - AnswerSupreme Court, Court of Appeal. High Court, (Crown Court, County Court, Magistrates) Does the supreme court bind itself? - AnswerNo Does the court of appeal bind itself? - AnswerNormally, with exception Does the high court bind itself? - AnswerNot for cases heard at first instance, normally binds itself for cases heard as appeals Precedent - AnswerAn earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances Precedent: Applied - AnswerWhere the current court follows a precedent decision Precedent: overruled - AnswerWhere the current court overturns a precedent decision Precedent: Reversed - AnswerWhere the current court overturns a precedent decision in the same case Precedent: Distinguished - AnswerWhere the current court does not overrule a precedent but does not apply it, on the grounds that the fa