FLK1 · SQE1 module

Legal System of England and Wales

The Legal System paper tests how courts, precedent and legislation fit together: the civil and criminal court hierarchies, the doctrine of binding precedent, statutory interpretation, and the roles of the different legal professions.

It is foundational rather than glamorous, which is exactly why candidates underrate it. Questions are precise about which court binds which, and about the narrow exceptions to precedent.

What this module covers

Every topic in Legal System of England and Wales, in the order the course teaches them. This is the whole syllabus for the module, not a selection.

The Common Law System and Adversarial Process
Sources of Law in England and Wales
Statutory Interpretation
Civil Court Structure, Tracks and ADR
Criminal Court Structure and Classification of Offences
Appeals (Civil and Criminal)
The Doctrine of Precedent (Stare Decisis)
The Judiciary
Rights of Audience (Court-Structure Aspect)
The Legislative Process (Bill to Act)
Senedd Cymru and Welsh Legislation

A real question from this module

Answer it before you decide

FLK1 · Legal System of England and Wales

Question

A County Court judge is deciding a claim on which a Court of Appeal decision is directly on point. The judge believes the reasoning is wrong, and notes that the decision conflicts with an earlier House of Lords authority the Court of Appeal did not consider. What should the judge do?

ADepart from the decision by applying the per incuriam exception, since the earlier authority went unconsidered

BFollow the decision, since only the Court of Appeal can use the exceptions that let it depart from its own precedent

CDepart from the decision, since a conflicting House of Lords authority displaces it automatically in any court

DFollow the decision, but only once both parties formally consent to treat the reasoning as correctly decided

ERefer the point directly to the Supreme Court for a ruling before the County Court proceeds any further

Answer B

The exceptions that let a court depart from an otherwise binding Court of Appeal decision, including per incuriam, belong to the Court of Appeal when reviewing its own past decisions. They are not available to a court lower in the hierarchy, which stays bound regardless of an unconsidered conflicting authority or its own view of the reasoning. That conflict is a ground of appeal, not a basis for a lower court to depart on its own initiative.

Young v Bristol Aeroplane Co Ltd [1944] KB 718 (the Court of Appeal’s own exceptions to precedent).

Pick another option to compare, or try five more free questions.

Related modules

Start free All 13 modules