SQE1 Legal System of England and Wales practice questions

The legal system of England and Wales is assessed in FLK1, alongside constitutional and administrative law and EU law. It covers the courts and the judiciary, the sources of law, how precedent operates, and how legislation is made and interpreted. The Constitutional Reform Act 2005 and the Interpretation Act 1978 are useful statutory anchors; the rules on precedent and statutory interpretation come mainly from case law. Every question below links to the source behind its answer.

Rules to remember

Ministers must uphold the continued independence of the judiciary and must not seek to influence particular judicial decisions through any special access to the judiciary. Question L238

Exercising a right of audience is a reserved legal activity: a party may address the court in person, but a lay non-party needs a right of audience granted by the court. Question L237

A provision of an Act of Senedd Cymru is not law so far as it applies otherwise than in relation to Wales, unless it is an ancillary provision within s.108A(3). Question L236

The Welsh and English texts of a bilingual Act of Senedd Cymru have equal status for all purposes, and this rule cannot be displaced by context. Question L235

Where a statutory offence is silent on mental element, mens rea is presumed unless excluded expressly or by compellingly clear necessary implication; an honest, even unreasonable, mistaken belief negatives it. Question L234

Under the purposive approach the court reads a provision in the context of the whole Act and its purpose; unforeseen developments within the same genus as those Parliament addressed may fall within it. Question L233

External aids such as explanatory notes and Law Commission reports may be used as context whether or not there is ambiguity, but cannot displace a clear, unambiguous and non-absurd meaning of the words. Question L232

Where an Act makes no provision for commencement, it comes into force at the beginning of the day on which it receives Royal Assent. Question L231

A JCPC decision cannot override a precedent binding on an English judge unless the Board expressly directs that it represents English law; otherwise it is persuasive only, though of great weight. Question L230

The Court of Appeal (Civil Division) is bound by its own decisions unless they conflict, cannot stand with a House of Lords decision, or were given per incuriam; a larger panel has no greater power. Question 19

Under Pepper v Hart, a court may consult Hansard only where legislation is ambiguous, obscure or leads to absurdity, and then only for clear statements by the minister or other promoter of the Bill. Question 33