Legal Method Consolidation Questions

Legal Method Consolidation Questions
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1. Learning Outcomes
2. Consolidation
3. Summary
4. Exit
Learning Outcomes
By the end of this consolidation session, you should feel confident that you are able to:
1. Demonstrate good knowledge and understanding of the foundation principles of the
English Legal System, for example, the court system, statutory interpretation, and
the doctrine of precedent.
2. Prepare for the Legal Method test, including top tips and guidance.
3. Prepare for the Legal Method test, work through two example scenarios; a Civil Law
and a Criminal Law scenario.
Guidance
Preparation
This consolidation session is intended to prepare you for your Legal Method exam.
The examples we will look at in this session are the usual format of the exam i.e. a fictitious
statute and judgments, and we shall be using it as a vehicle to revise some of the key topics.
Do be aware that the judgments tend to be longer in the test. Have a look at the Seals
(Conservation) Act in Unit 6 of the Manual for an idea of what to expect.
There are two sets of extracts - one criminal, the other civil. We don’t have to deal with all
the questions.
Above all don’t panic.
The exam for MA students
1
 Duration, 30 minutes - you should allow 5 minutes reading time, 1 minute per
question, 5 minutes for thinking time or if you struggle with a question.
 20 questions, all MCQs.
 Most questions based on imaginary case extract and legislation.
 Other questions are self standing.
 Open book exam - you can take in the Legal Method Manual and annotate it. You
can also take in a lever arch file of notes.
The exam for GDL students
 Duration, 30 minutes - you should allow 5 minutes reading time, 1 minute per
question, 5 minutes for thinking time or if you struggle with a question.
 20 questions, all MCQs.
 Most questions based on imaginary case extract and legislation.
 Other questions are self standing.
 The exam is an open book exam conducted online. We open the test module for a
week and you can tackle the test within 30 minutes at any point during that week.
Once you set the test running online after 30 minutes have elapsed any answers
submitted after that will not be recorded, so you do need to be ready to
Consolidation
Now, let’s look at the Legal Method Consolidation questions.
Select the RESOURCES button (above right) so you can opt to open, save or print the
following;
Legal Method Consolidation Questions
You will need to refer to the Study Manual to help you answer the questions.
Let’s start with the questions on the civil law scenario.

Read through the The Workplaces (Hard Labour) Act 1905 and answer the following 5
questions.
Working to the same timing as the Legal Method Test you have 7-8 minutes to do questions
1-5.
Each question is a multiple choice question. Read through and select the appropriate
answer and submit to review your answer. You will have three attempts for each question.
Statutory Extract
2
The Workplaces (Hard Labour) Act 1905 (1905 c.14)
An Act to regulate the treatment of employees in the workplace. [2nd February 1905]
1. Any employee who is treated to hard labour in a workplace shall be entitled to
claim compensation from his employer.
2. For the purposes of this Act a workplace shall include factories, workhouses,
workshops and other workplaces.
3. This Act may be cited as the Workplaces (Hard Labour) Act 1905.
Case Report Extract

Carruthers versus Gregson Docks Ltd [2013]
McRae J
“In this appeal, the court is asked to consider whether a dockyard is a place of work, within
the Act. The Supreme Court has previously ruled that a rubber plantation is not a workplace
because, unlike the factories, workhouses and workshops mentioned in the Act, it is outside.
Thus it is part of the natural environment only. However, the docks are a manmade place of
work so are capable of being a workplace.”
“In determining whether a dockyard actually is a place of work within the 1905 Act, the
words, ‘other workplaces’, must be construed in the light of the specific words that precede
them i.e. ‘factories, workhouses and workshops’. These are all places of menial work. A
workplace must therefore mean a place of menial work and a dockyard would fall within
this definition.”
Q1 Multiple Choice Question

Carruthers is claiming £13,000 in compensation under the Act. In which court would he
normally make his claim?
Select the correct answer and select the SUBMIT button.
Activity available online
Feedback
 The County Court: Claims below £100,000 (or £50,000 in relation to personal injury)
are dealt with by the County Court.
 Legal Method Study Manual, Unit 2, page 59 and page 66 ‘Overview of Civil
Procedure’

3
Assume that this case was heard in the County Court. Which rule as to costs usually applies?
Feedback
 This is the usual costs order which the court will make, as to do otherwise would
penalise the winning party.
 Legal Method Study Manual, Unit 2, overview of civil procedure at page 66 and
Activity 4

Mr Justice McRae was hearing the appeal from the County Court. In which court did he sit?
Feedback
 The usual route of appeal from the County Court is to the High Court, where the QBD
deals with contract and tort cases.
 Legal Method Study Manual, Table 10: Civil Appeals System page 74

On appeal, the High Court had to decide whether dockyards constituted a workplace for the
purposes of the Act.
Select what type of question ‘is’ and select the SUBMIT button.
Feedback
 The reason is that the court is not determining whether this particular site is a
dockyard, or whether it comes within the Act, but whether dockyards generally are
included. Basically the case is interpreting the law by clarifying the definition of
workplace as the statutory definition is ambiguous. This distinction is important for
procedure and also for the doctrine of precedent.
4
 The Manual states on page 69 that a judge can justifiably reach a number of
conclusions based on the factual evidence, depending on the credibility of witnesses
etc. An appeal on the facts will succeed if the decision is beyond this range of
reasonable conclusions. However, here in our imaginary case the court is not dealing
with the question of whether a particular site falls under the Act on the facts.
Instead, it just dealing with the point of law of whether ‘a dockyard’ is a place of
work within the Act.
 Legal Method Study Manual, Unit 2 page 70, Activity 6 is on points of law & fact

In the High Court, Mr Justice McRae allowed Carruthers’ appeal. He said: “The Supreme
Court has previously ruled that a rubber plantation is not a workplace because…it is outside.
Thus it is part of the natural environment only.”
What is Mr Justice McRae doing?
Feedback 1 of 3
 The issues Mr Justice McRae is looking at is whether a dockyard is a place of work

within the Act and looks at the previous Supreme Court case about a rubber
plantation. He is distinguishing the Supreme Court case so that he does not have to
follow it.
 The next slide re-visits the doctrine of precedent, or you can go to the Legal Method
Study Manual - Unit 5, you can also revisit Activities 12 & 14, P.218.
Feedback 2 of 3
Select each of the four stages below to find out more about how a proposition in one case is
binding in a later case.
1. A proposition of law;
This means that there must be a statement for example about legal obligations -
what someone ought, or ought not to do. A statement of fact, provable using
evidence, is in a particular case the reason for the statements of law. But it
should not be confused with them and are not part of binding precedent.
5
2. Part of the ratio decidendi of a case;
Generally in law these days we try to avoid use of Latin, but this is one of the
exceptions.
The ratio decidendi is literally the reason for the decision. A legal rule derived
from, and consistent with, those parts of legal reasoning within a judgment on
which the outcome of the case depends.
3. Decided in a court whose decisions are binding on the present court; and
We’ve seen that we need a statement of law which is part of the ratio. But this
statement must have been made in a court whose decisions are binding on the
court which is considering the precedent.
Remember, a superior court can reverse the decision of a lower court on appeal.
Also, some courts have only limited jurisdictions. So the European Court of
Justice is in theory the highest court and the Magistrates’ Courts are the lowest.
Of course there are overlaps in the various jurisdictions of the courts.
4. There are no relevant distinctions between the two cases.

So the advocate who wants to avoid the application of an earlier case will try to
distinguish it, to confine it to its facts. It’s the legal way of saying, “that’s not
relevant”.
However, while one advocate may identify a material factual distinction between
cases A and B, another will dispute this. They could argue that the description of
relevant facts in case A is wider than their opponent’s suggestion and that there
are actually no material differences on the facts.
Feedback 3 of 3
Distinguishing it:
 In an earlier case, the Supreme Court discussed rubber plantations and decided that
they were not a workplace, because they were outside and thus, part of the natural
environment.
 However, in this case, dockyards are workplaces as they are man-made
 , rather than being natural.
 A proposition in law is only binding in a later case if there are no relevant distinctions
between the 2 cases.
 To avoid being bound by the earlier principle and therefore having to conclude that a
dockyard is NOT a place of work within the Act, the judge highlights the difference
with the present case. This means he does not have to follow it as a precedent.
“Other workplaces” may not include rubber plantations but there is still argument to
say it may include a dockyard.
6
 Hence, he distinguishes it.
Reminder of Terms
 Distinguishing = ratio is binding on lower courts, but if a court finds the case before it
to be different in some material way to the precedent cited (facts or law), the earlier
case need not be followed because the present case has been distinguished.
 Reversing = where a higher court on appeal overturns the decision of a lower court
in the same case. (The higher court can affirm or reverse the decision of the lower
court).
 Overruling = where the court overturns the decisions of a lower (or sometimes
equal) court in a different case. This is when a principle of a lower court is declared
incorrect and not followed in a higher court in a later different case. The higher court
will set a new ‘correct precedent. If agrees with the lower court, can approve the
decision.
 As a consequence, the High Court cannot overrule the Supreme Court, (it can only
follow or distinguish).
Checkpoint
 If you could now attempt the remaining questions on the civil law scenario.
 Again working to the same timing as the Legal Method Test you have 9-10 minutes
to do questions 6-11.
 Each question is a multiple choice question. Read through and select the appropriate
answer and submit to review your answer. You will have three attempts for each
question.

In the High Court, Mr. Justice McRae also said:
“The words, ‘other workplaces’, must be construed in the light of the specific words that
precede them i.e. ‘factories, workhouses and workshops’. These are all places of menial
work. A workplace must therefore mean a place of menial work”.
Which rule of language is he using?
Feedback
7
 This question is about statutory interpretation, so you need to start with the statute.
 Eiusdem generis: Section 2 of the Act states that: ‘For the purposes of this Act a
workplace shall include factories, workhouses, workshops and other workplaces’.
o Hence, there are general words which follow specific words.
o The types of words all relate to places of menial work.
o A dockyard is a place of menial work so is included in the Act.
 When a general word is followed by two or more specific words, that general word
will only apply to items of the same type as the specific words.
 Legal Method Study Manual - Eiusdem generis page 170, Unit 4, Activity 13

If Gregson Docks Ltd was to appeal from the High Court, which court would (on similar facts)
always bind the next court? (Ignore ‘leapfrog’ appeals.)
Feedback
 Supreme Court: You are required to consider which is the next court before
answering this question. Here, it is the Court of Appeal. It usually binds itself but not
always (Young versus BA).
 The next slide re-visits which courts bind, or you can go to the Legal Method Study
Manual - Unit 5, you can also revisit ‘Who binds whom’ flowchart in the Legal
Method Study Manual, page 210
Which courts bind?

Select the RESOURCES button (above right) so you can opt to open, save or print the
following;
 Which courts bind

The resource sets out clearly which courts bind which others, in a vertical hierarchy. The
related question of whether a court is bound by its own previous decisions is, however,
more complex.
Select the ‘i’ information buttons in turn to find out more about how a proposition in one
case is binding in a later case

Under what circumstances can Hansard be used to resolve legislative ambiguity?
8
Feedback
 Pepper versus Hart - Hansard can only be used if the statute is ambiguous and the
material consists of clear statements by a minister or promoter of the Bill.
 This demonstrates the importance of reading the question. The crucial difference
between answers (A) and (D) is the word ‘and’ rather than ‘or’.
 Legal Method Study Manual, page 173-174 on extrinsic aids

The Workplaces (Hard Labour) Act 1905 brought together some earlier legislation and
modified the existing common law. What type of statute is it?
Feedback
 A: Codification is where all the law on a topic, which may previously have been
covered by common law, custom and even statute(s), is brought together in one new
statute. The codifying statute may, if necessary, change the pre-existing law (for
example, the Theft Act 1968). This is the correct answer. Codifying can also include
case law.
 B: A penal statute is a criminal statute.
 C: Consolidation is where one statute re-enacts law which was previously contained
in several different statutes, but does not materially change it (for example, the
Insolvency Act 1986). Effectively, consolidating Acts ‘tidy up’ the law. This is a
narrower concept than codification.
 D: Delegated or secondary legislation is law made by bodies other than the
government, such as Local Authorities / Ministers but with the authority of
Parliament for example, statutory instruments and bye-laws.
 Legal Method Study Manual, page 33-34

In the absence of any express statement of jurisdiction, the statute will apply to:
Feedback
9
 England, Wales, Scotland and Northern Ireland that is, The United Kingdom.
 Legal Method Study Manual, Unit 1, page 30

As part of the appeal, the High Court is asked to rule on a matter relating to EU law. Which
of the following is true regarding the authority of the CJEU and ECHR in England and Wales?
Feedback 1 of 2
 CJEU: Binding
 ECHR: Persuasive
 The CJEU replaced the ECJ. It sits in Luxembourg and has one judge from each
Member State.
o Their key task is to ensure that European law is applied uniformly in all
Member States and it is binding in this regard.
o The CJEU hears cases to see if the Member States have fulfilled their
obligations under the Treaties.
o It only has limited jurisdiction to deal with actions brought by individuals.
 Remember the ECHR deals with breaches of human rights and section 2 HRA states.
Feedback 2 of 2
 Interpretation of Convention rights

 A court or tribunal determining a question which has arisen in connection with a
Convention right must take into account any -
o judgment, decision, declaration or advisory opinion of the European Court of
Human Rights.
 However, the ECHR is not binding and Ministers who introduce legislation may
certify that it is not compliant with the HRA.
 Legal Method Study Manual, page 210, who binds whom
Criminal Law Scenario

Now let’s move on to the questions on the criminal law scenario.
Read through the The Antiquities Appropriation Act 1897 and answer the following 5
questions.
Working to the same timing as the Legal Method Test you have 7-8 minutes to do questions
12-16.
10
Each question is a multiple choice question. Read through and select the appropriate
answer and submit to review your answer. You will have three attempts for each question.
Statutory Extract
The Antiquities Appropriation Act 1897
(1897 c. 52)
An Act to protect antiquities on public display and to punish those who appropriate such
items without the consent of the owner.
[5th June 1897]
1. Any person who intentionally removes an antiquity without permission from the
possession of its owner shall be punishable on indictment only by up to 10 years’
imprisonment.
2. For the purposes of this Act an antiquity shall include books, statues and
artefacts of more than 100 years’ age.
3. This Act may be cited as the Antiquities Appropriation Act 1897
Case Report Extract

R versus Scamp [2006] 2 QB 36
Ageold LJ
“Mr Scamp has been found guilty of an offence under section 1 of the 1897 Act after
stealing a map from the Bathdown Heritage Museum. In this appeal, the court is asked to
consider whether a map is included within the ambit of the statute. An ancient map may be
old, and it may be a work of art, but my feeling is that, had the legislators intended to
include maps, or at the very least, paintings, they would have included them in the wording
of the Act specifically.”
Beckham LCJ
“The Act is clearly designed to punish severely looters of our world heritage. The rest of the
section and of the Act relates to the taking of antiquities of a certain age on public display.
That being so, we conclude that the word ‘artefact’ must include maps and suchlike.”

There is no commencement date. When did the Act come into force?
11
Feedback
 On Royal Assent
 Legal Method Study Manual, Quick Q – page 32

R versus Scamp [2006] 2 QB 36. What can we tell from the information given?
Feedback
 The case was reported in 2006.

 A: Is incorrect as reporting is often years after the case was heard i.e. when the
publisher deems it has become important!
 B: Is incorrect although the case must have been through the QBD the report may be
from the CA or SC.
 D: Is incorrect as the reference to ‘R versus’ shows it was a criminal case.

R versus Scamp: If the case were also reported in the All England Law Reports, the citation
would be:
Feedback
 The citation is year, then volume number, then law report, then page number.
 So C and D clearly don’t correspond to that format. B is correct as the year is
essential for locating the case and its therefore in square brackets.
 If the year weren’t essential to locating the case it would be in round brackets i.e. if
the law report were organised other than by year for example, by volume number.
 Legal Method Study Manual, Neutral citation- page 117

The Antiquities Appropriation Act is an example of primary legislation.
Which of the following statements is correct?
12
Feedback 1 of 2
 A: The legislation is a Public Act because it concerns matters which concern the
public as a whole, in particular, the creation of a criminal offence.
 B: Delegated (or subordinate or secondary) legislation is law made by bodies other
than Parliament, but with the authority of Parliament. Such authority is usually
contained in a ‘parent’ Act, which creates the framework of the law, but delegates
its detailed provisions to others. Who enforces the Act is irrelevant.
 Legal Method Study Manual, page 33
Feedback 2 of 2
 C: Government Ministers and local authorities can create criminal offences, for
example, to deal with local issues such as dog fouling and excess drinking in public.
These are criminal offences, but may be passed provided the power to do so is
delegated to the body concerned. Ministers and their departments are given
authority to make regulations for areas they are specifically responsible for for
example, Secretary of State for Work & Pensions. Local authorities may introduce
bye-laws for deal with local issues for example, drinking on the street.
 D: Statutory instruments do not have to pass through the House of Commons to
become effective.
 Legal Method Study Manual, also in page 35
 no ref.

“An ancient map may be old and it may be a work of art, but my feeling is that, had the
legislators intended to include maps, or at the very least, paintings, they would have
included them in the wording of the Act specifically”.
Which rule of language is Ageold LJ using?
Feedback
 Expressio unius: Note that the wording is very specific and thus mention of one or
more specific things may be taken to exclude others of the same type, (i.e. books,
statutes and artefacts).
 Legal Method Study Manual, Unit 4, Activity 14 page 171
 Expressio unius est exclusio alterius = to express one is to exclude other.
13
Checkpoint
 If you could now attempt the remaining questions on the criminal law scenario.
 Again working to the same timing as the Legal Method Test you have 9-10 minutes
to do questions 17-25.
 Each question is a multiple choice question. Read through and select the appropriate
answer and submit to review your answer. You will have three attempts for each
question.

“The Act is clearly designed to punish severely looters of our world heritage. The rest of the
section and of the Act relates to the taking of antiquities of a certain age on public display.
That being so, we conclude that the word ‘artefact’ must include maps and suchlike.”
Which rules of interpretation is Beckham LCJ using?
Feedback 1 of 2
 Mischief rule & noscitur: Often these rules are used together as noscitur requires
ambiguities to be read in context and this includes the Act as read in totality.
Noscitur means that a word is known by the company it keeps i.e. derives meaning
from surrounding words.
 Mischief rule: Requires the interpreter of the statute to ascertain the legislator’s
intention [note if a distinction had to be made between mischief and purposive rule,
mischief rule is looking back trying to solve the problem, while purposive rule is
about looking forward at the aims of the legislators - ambiguous.
 Legal Method Study Manual page 164, Unit 4, Activity 8
Feedback 2 of 2
 Noscitur a sociis = known by the company it keeps - a word derives meaning from its
surrounding words. This is when there is a list of specific words and one is
ambiguous for example, cat, dog and rodent - does this include a mouse?
 Legal Method Study Manual, page 169 Unit 4, Activity 12

Which of the following best describes the nature of the offence created by the Act?
14
Feedback
 Indictable: This is clear from section 1 of the Act. Either way means that the offence
can be dealt with in either the magistrates or the Crown Court, whilst summary only
offences may only be dealt with in the lower court. Remember to examine any
statutory extract carefully:
 Any person who intentionally removes an antiquity without permission from the
possession of its owner shall be punishable on indictment only by up to 10 years’
imprisonment.

In which court would the criminal prosecution have been commenced?
Feedback
 (This was a slight trick question). A magistrates’ court: All criminal prosecutions
commence in the magistrates’ court, even if they are immediately transferred to the
Crown Court as would occur for indictable only offences.
 Legal Method Study Manual, page 78 - Table 13 overview of criminal proceedings

Which statutory presumptions would be applicable in the case of R versus Scamp?
Feedback
 A: Is not relevant- unless there is a clear statement to the contrary, legislation is

presumed not to apply to the Crown.
 B: Is not a statutory presumption.
 C: The statute is not silent on intent so c is not necessary. This presumption relates
to criminal liability for offences which are strictly liable for example, speeding. Here,
the defendant is required to have mens rea as it states: ‘Any person who
intentionally removes an antiquity etc’.
 D: Any ambiguity in a statute should be construed in favour of the accused.
15
If Scamp’s appeal in the Court of Appeal is refused, Ageold LJ is:
Feedback
 Ageold LJ is arguing that Scamp is not caught by the legislation, so that he is not
guilty. If the CA refused Scamp’s appeal this means that the other 2 Lords Justices
effectively found Scamp guilty. Ageold is therefore in dissent.
 Per incuriam i.e. through carelessness. This means that the court must have reached
a different conclusion not might have. p.213 Decisions given in ignorance or
forgetfulness of some inconsistent statutory provision or of some authority binding
on the court concerned.

If Scamp’s appeal in the Court of Appeal is refused, which of the following most closely
represents the ratio of R versus Scamp?
Feedback
 If Scamp’s appeal is refused it means maps have been found to be covered by the
Act = Guilty
 A: ratio is the statement of law as applied to the material facts. As Ageold LJ is the
dissenting judge (he finds that if the Act was intended to have covered maps, they
would have been included in the wording of the Act, so therefore do not fall under
the Act), his judgment is obiter so:
 B: is not correct.
 C: is not a statement of law.
 D: is merely the decision.

If Scamp’s appeal in the Court of Appeal is refused, how would Scamp appeal?
16
Feedback
 Appeal courts are at least notionally courts of law not fact. SC appeals always require
leave (and this is usually granted by the SC itself).
 Legal Method Study Manual, page 84 table on Trial on Indictments - Appeals

If the Court of Appeal had quashed the conviction, it would have:
Feedback
 Appeal courts are at least notionally courts of law not fact. SC appeals always require
leave (and this is usually granted by the SC itself).
 Overruling: is where the court overturns a decision in a different case of a court of
lower, or sometimes equal, status.
 Reversing: is where a higher court on appeal overturns the decision of a lower court
in the same case and this applies here.
 Distinguishing: is relevant to the doctrine of precedent.

A High Court judge is required to interpret a particular piece of UK legislation. In his
judgment, he referred to an Article from the European Convention of Human Rights (ECHR)
and the requirement placed on courts to interpret UK law to make it compatible with the
Convention rights in accordance with Section 2 of the Human Rights Act 1998. Which one of
the following is wrong?
Feedback
 Section 3 of the HRA provides that ‘so far as it is possible to do so, primary and
subordinate legislation must be read and given effect in a way which is compatible
with the Convention rights’.
 If the court cannot achieve this, judges at the level of the High Court or above, may
make a declaration of incompatibility in respect of the relevant piece of legislation.
However, prior to doing this, judges will attempt to read the relevant Act in a
manner which is compatible with the protection of the Convention rights.
17
 However, Ministers are not required to comply with the Act but they must certify
whether the new legislation is compliant or not. Therefore D is the one wrong
statement.
 Legal Method Study Manual, page 210, who binds whom
Summary
Now you have completed this consolidation session, you should be content that you are
able to:
1. Demonstrate good knowledge and understanding of the foundation principles of the
English Legal System, for example, the court system, statutory interpretation, and
the doctrine of precedent.
2. Prepare for the Legal Method test, including top tips and guidance.
3. Prepare for the Legal Method test, work through two example scenarios; a Civil Law
and a Criminal Law scenario.
Exit
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select the COMPLETED button below and then select the EXIT button. Please note: In the
event your ‘My Grades’ menu does not show a green tick, you will need to open this media
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Legal Method Consolidation Questions

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Legal Method Consolidation Questions

The exam for MA students

The exam for GDL students

Let’s start with the questions on the civil law scenario.

Case Report Extract

Q1 Multiple Choice Question

Q2 Multiple Choice Question

Q3 Multiple Choice Question

Q4 Multiple Choice Question

Q5 Multiple Choice Question

 The issues Mr Justice McRae is looking at is whether a dockyard is a place of work

4. There are no relevant distinctions between the two cases.

Q6 Multiple Choice Question

Q7 Multiple Choice Question

Which courts bind?

 Which courts bind

Q8 Multiple Choice Question

Q9 Multiple Choice Question

Q10 Multiple Choice Question

Q11 Multiple Choice Question

 Interpretation of Convention rights

Criminal Law Scenario

Case Report Extract

Q12 Multiple Choice Question

Q13 Multiple Choice Question

 The case was reported in 2006.

Q14 Multiple Choice Question

Q15 Multiple Choice Question

Q16 Multiple Choice Question

Q17 Multiple Choice Question

Q18 Multiple Choice Question

Q19 Multiple Choice Question

Q20 Multiple Choice Question

 A: Is not relevant- unless there is a clear statement to the contrary, legislation is

Q22 Multiple Choice Question

Q23 Multiple Choice Question

Q24 Multiple Choice Question

Q25 Multiple Choice Question

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