EXAM TIPS

Question 1

For exam purposes, the approaches to/rules of interpretation are the heart of the Legal System material. Be sure you understand how and when each method is applied.

Question 2

If the words in the statute are clear, they must be ap-plied in the way they are written, even though the inten-tion of the legislator may have differed from the literal meaning or the judgment is harsh or undesirable.

Question 3

Although the Purposive Approach is the approach commonly used today, the SQE specifications make clear that all of the approaches we discuss will be tested.

Question 4

It is important to remember that because Acts of Parliament are supreme, a court has no power to strike down an Act of Parliament. Be wary of any answer choice on the SQE that suggests otherwise—it’s wrong because of the doctrine of parliamentary supremacy or parliamentary sovereignty.

Question 5

It is important to remember that the royal prerogative is a source of government power recognised at common law by the courts. In addition, the exam may test the scope and the types of powers that form the royal prerogative.

Question 6

Because the Privy Council is a comparatively minor part of government, it is likely to appear as an option on the test (especially as an incorrect option). Ensure that you understand its functions and responsibilities, and in particular the specific jurisdiction of the Judicial Committee of the Privy Council, so that you can distinguish it from the Supreme Court.

Question 7

The permanency of Scottish and Welsh devolution raises profound questions of parliamentary sovereignty, as the legislation appears to bind future Parliaments, which is usually thought to be impossible. So, what if an exam question asks whether Parliament, acting alone, can re-peal Welsh (or Scottish) devolution? The test cannot ask this because there is no clear resolution to this question. But the test can ask a more straightforward question—one that follows the legislation. For example, the test can ask: “Which of the following best reflects what is needed to reverse the devolution to Wales?” The best answer would be the vote of Parliament and a referendum from the Welsh people. Any choice involving any two other entities (for example, the vote of Parliament and the Supreme Court, or the decision of the Monarch and Parliament) would not be correct.

Question 8

Although it might seem mundane, note well who may refer a devolved government bill to the UK Supreme Court. Sometimes simple matters as these are tested on exams.

Question 9

The Human Rights Act is discussed a little later in this Outline. The Act allows individuals to bring actions against public authorities for a breach of their human rights. As will be discussed, the test for standing to bring such an action is the victim test, which is more limited than the test discussed above. It is important to remember the different tests and when they apply.

Question 9

On the exam, be mindful of the rule that judicial review is available only against governmental bodies. If a person seeks judicial review of an action by, for example, his private employer, judicial review is not available, and any answer choice that suggests that it is available is incorrect.

Question 10

Remember to be wary of ouster clauses on your exam. If you see one, don’t automatically take the bait and choose an answer that says the decision cannot be challenged in court because of parliamentary sovereign-ty. Instead, look for a choice that conveys the idea that the courts can hear the case to determine whether the action was legal. For example, suppose an Act of Parlia-ment gives local authorities the power to issue licences for street markets in their area as they see fit and that decisions cannot be questioned in court. A woman applied for a street market licence and was refused. Can the woman challenge the local authority’s decision in court? Yes, if one of the choices indicates that she can seek a decision as to whether the decision was legal.

Question 11

As you can probably imagine, whether government action that affects a qualified right is proportional actually arises with some regularity in real world contexts. Consequently, examiners like to test students to see if they understand the ins and outs of the concepts discussed above. Therefore, it is worth spending a little extra time here to ensure you know what the proportionality test is and to what rights it applies. You will see practice questions on this and likely will see a question (or a few questions) on this on your SQE as well.

Question 12

If a discrimination claim is being made under the HRA, then it must be linked to another Convention right. You cannot bring a freestanding claim for discrimination under the HRA. However, you can bring such a claim under the Equality Act 2010.

Question 13

Principle 1 of the SRA Principles ties in closely with Chapter 3 (Dispute Resolution and Proceedings Before Courts, Tribunals, and Inquiries).

Question 14

If a solicitor is convicted of a criminal offence, this would be a breach of Principle 2 as well as leading to the solicitor being struck off the roll.

Question 15

As the solicitor is in a position of trust, their behaviour in their personal life must also meet the appropriate standard. This means that an act by a solicitor in their private life (that is, not during the working day) could mean that they have failed to act with honesty or with integrity. A lack of integrity might also be alleged if the SRA feels that a lawyer has not done things as well as they could have in the circumstances

Question 16

Principle 6 is broader than the requirement to comply with the Equality Act 2010.

Question 17

Principle 7 ties in closely with Chapter 7 (Conflicts, Confidentiality, and Disclosure).