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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 l...

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  • January 13, 2025
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  • 2024/2025
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PGDL Public Law Exam Questions And
Answers (Guaranteed A+)


What is English Law derived from? - Answer✔Primary legislation

Legislation - Answer✔The laws passed by Parliament

Primary Legislation - Answer✔Acts of Parliament
Statute - Answer✔Law

Secondary Legislation - Answer✔Laws made under primary legislation

Statutory Instruments - Answer✔Regulations, rules and orders passed by ministers
By-Laws - Answer✔Local laws under the Local Government Act 1972

Orders in Council - Answer✔Laws made by the Privy Council

Who's role is it to interpret and enforce legislation - Answer✔The courts
The Literal Rule - Answer✔Words should be given their plain, ordinary, natural meeting

The Golden Rule - Answer✔The 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 - Answer✔Interpreting legislation in light of the law that existed before that
legislation
Purposive approach - Answer✔Interpreting the legislation so as to give effect to its purpose

Ejusdem Generis - Answer✔Of the same type

Noscitur a sociis - Answer✔Known by the company it keeps
Expression unius est exclusio alterius - Answer✔To express one thing is to exclude other things

Presumption against alteration of the common law - Answer✔Parliament 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 - Answer✔Parliament 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

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Presumption against deprivation of liberty, property and private rights - Answer✔Parliament 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 - Answer✔Parliament is presumed not
to intend to oust the jurisdiction of the courts
Ouster Clause - Answer✔A 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 - Answer✔Acts of parliament are presumed not to bind
the monarch unless the Act expressly states as much
Presumption against criminal liability without a Mens Rea - Answer✔Unless 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 - Answer✔Included in the legislation itself

Extrinsic - Answer✔External to the legislation

The interpretation Act 1978 - Answer✔Provides for commonly used words in legislation
Ratio Decidendi - Answer✔Decisive legal reasoning

Obiter Dicta - Answer✔Statements made by the judge which are not part of the ratio

Court Hierarchy - Answer✔Supreme Court, Court of Appeal. High Court, (Crown Court, County
Court, Magistrates)
Does the supreme court bind itself? - Answer✔No

Does the court of appeal bind itself? - Answer✔Normally, with exception

Does the high court bind itself? - Answer✔Not for cases heard at first instance, normally binds
itself for cases heard as appeals
Precedent - Answer✔An earlier event or action that is regarded as an example or guide to be
considered in subsequent similar circumstances
Precedent: Applied - Answer✔Where the current court follows a precedent decision

Precedent: overruled - Answer✔Where the current court overturns a precedent decision
Precedent: Reversed - Answer✔Where the current court overturns a precedent decision in the
same case
Precedent: Distinguished - Answer✔Where the current court does not overrule a precedent but
does not apply it, on the grounds that the facts or law between the two cases are sufficiently
distinct


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