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SQE1 Functioning Legal Knowledge assessments
Clear & Concise Notes in the form of Flowcharts & Tables
Legal System of England and Wales
CONTENTS
1. What is law?
2. What is the law for?
3. Parliament and Statutes
4. How does a Bill become a law?
5. Primary & Secondary Legislation
6. What is the European Convention on Human Rights (ECHR)?
7. Key terms in relation to ECHR
8. Hierarchy of the Sources of Law
9. Common Law Jurisdiction & Civil Law Jurisdiction
10. Law of Equity
11. Constitutional Principles
12. The distinction between Law and Facts
13. The distinction between Substantive and Procedural Law
14. Distinction between Criminal cases & Civil cases.
15. The Judicial Hierarchy
16. ‘First Instance’ and ‘Appeal’ Courts
17. Unanimous, Concurring, and Dissenting Judgments.
18. The Court Structure of England and Wales
19. Appeals against the first instance decision – criminal
20. Appeals against first instance decisions – Civil
21. Further Appeal Summary Flowchart
22. Which court to commence proceedings– civil cases
23. Rights of Audience (Solicitor & Barrister)
24. The Doctrine of Judicial Precedent
(Binding precedent, Persuasive Precedent, Vertical &
Horizontal Precedent, Ratio Decidendi, Obiter Dicta,
Material Fact, Distinguishing)
25. How can cases lose their binding authority?
26. Statutory Interpretation – the Literal Rule
27. Statutory Interpretation – the Golden Rule
28. Statutory Interpretation – the Mischief Rule
29. Statutory Interpretation – the Purposive Approach
30. Statutory Interpretation – Aids to Interpretation
31. Statutory Interpretation – European Influence
32. The Interpretation of Domestic Legislation after the HRA 1998.
1
, KEY ASPECTS OF LAW
Rules & Laws consist of rules and regulations that set standards for behaviour.
Regulations
Enforcement Laws are typically enforced by governmental authorities, such as the police, judiciary,
and other legal institutions.
Justice & One of the primary purposes of law is to promote justice and fairness. It seeks to ensure
Fairness that individuals are treated equitably and that disputes are resolved in a just manner.
Order & Laws contribute to the maintenance of social order and stability. They provide a
Stability framework for resolving conflicts and preventing chaos within a society.
Social Through the establishment of norms and standards, law acts as a tool for social control.
Control It influences and shapes the behaviour of individuals and groups within a community.
Protection of Laws often define and protect individual rights and freedoms. These rights may include
Rights the right to free speech, the right to a fair trial, and the right to own property.
Flexibility & Legal systems can evolve and adapt to changes in society. New laws can be enacted,
Adaptability and existing laws can be amended to address emerging issues and challenges.
2
, LET’S IMAGINE, WHAT HAPPENED IF THERE IS NO LAW?
Lack of Order In the absence of laws and legal institutions, there would be no established
and Stability framework to maintain order and stability within a society. Disputes and
conflicts might be resolved through force or coercion, leading to chaos.
Absence of Individuals would lack legal protections for their rights and freedoms.
Legal Concepts such as property rights, freedom of expression, and personal
Protections security might be compromised without legal safeguards.
Increased Without legal mechanisms to address disputes, conflicts could escalate, and
Violence and individuals or groups might resort to violence as a means of settling
Conflict disagreements. There would be a higher risk of vigilante justice.
Uncertainty and The absence of law creates uncertainty about acceptable behaviour and
Insecurity consequences for actions. This uncertainty can lead to a lack of trust within
communities and hinder social interactions.
3
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