Legal System of England and Wales: Exam Questions and Answers

This article provides a set of exam questions and answers related to the legal system of England and Wales. It covers topics such as sources of law, torts, and the elements of a legally enforceable contract. The article also includes advice on nuisance claims and contract enforceability. The output includes a title, meta title, meta description, summary, and other relevant information in JSON format.

EXAM

Table of content
Section A………………………………………………………………………3
Section B………………………………………………………………………4
Section C………………………………………………………………………7
References……………………………………………………………………..9

Section A: Multiple-choice questions –
1) The English Legal System refers to the law in which of the following
countries?
a. England only
b. England and Wales
c. England, Scotland, and Wales
d. England, Scotland, Wales, and Northern Ireland
Answer- The countries that refer to the English legal system are England, Scotland, Wales
and Northern Ireland.
2) Which of the following is NOT a source of English law?
a. Statute
b. Caselaw
c. Orders in Council
d. Orders of the European Commission
Answer- All of them are sources of English law except Orders of the European Commission.
3) Which of the following correctly describes the elements for a legally
enforceable contract:
a. Offer and acceptance
b. Offer, acceptance, and consideration
c. Offer, acceptance, consideration, and intention to form legal relations
d. Offer, acceptance, and intention to form legal relations
Answer- Offer, acceptance, consideration, and intention to form legal relations are the
elements that legally enforce the contract.
4) What is the minimum age permitted for a person to be appointed as a director?
a. 16
b. 18
c. 21
d. No minimum age
Answer--A person can be appointed as a director with a minimum age of 21.
5) How many persons are needed to form a UK company?
a. Two

b. One
c. Three
d. Four
Answer-- A company can be formed with 1 person.
Section B: Short answer questions -
1) Describe the principal characteristics of the legal system of England and Wales,
inclusive of court Structure, the judiciary, lawyers, and lay participation in the
system (magistrates, juries and tribunal members).
Answer- The system of the UK withholds monarchical regulation where one person has the
only leadership authority who is enumerated as Head of the State which prescribes certain
role, responsibility,obligation, rights, operation of function which are prescribed by treaties
established by law. It is generally recognized that persons having such authorization over
individuals are neutral in nature which suggests that their action must have non partial and
non biassed nature executing, making and adjudicating laws in regulation of society. The
operation of law in England and Wales territory is governed by an English system which
collaborates the legislation enacted and creates as precedent form in tribunals interpreted in
sources like case law. The Parliament has major and crucial power to pass such laws which
are established mainly by categorising two houses which are House of Commons and House
of Lords. Where the prior comprises electoral power by Citizens and Head of State which is
additionally a part of such institution. On other hand, judicial powers are under the
jurisdiction of courts and tribunals where a judicial officer has obligation to interpret
legislation and adjudicate the matter referring to all aspects of law, mainly civil and legal
code. The hierarchy of court structure is prescribed as the Supreme Court being at apex
position which is considered pis aller for filing appeal for his or her grievances and coping
with scenarios covered under jurisdiction of UK case laws. The second category is Court of
Appeal which is split into civil and tribunal of appeal which in fist cases are dealt by
judicature and country court which are less serious while latter comprises appeals laid in
Crown division. Whereas, the third division is the appellate tribunal called supreme court
which incorporates family division, queen bench regulating cases of contract and law
merchant, divisional court, administrative bench, Chancery tribunal and so on.
The main branch of tribunals as crown courts deals with criminal cases transferred from
magistrate bench regarding penalization, magistrate tribunal tries summary court includes
proceedings of crown and family courts. County tribunal deals with civil cases.(Ceil, C., 2018)
2) What is a Tort? Narrate in detail Tort of negligence and breach of duty of care.
Answer-The concept of tort could be a legal wrong where one person is the victim of the
wrong committed by another person. Where a person performing their function tortious
liability causing liquidated damages to person aggrieved for such loss and damages. The law

of torts is unmodified law. It involves various elements which might arise and cause careless
action on other people. Part one is negligence. Where it includes such factors evolving from
the fault of another person's careless attitude. within the case of Donoghue v. Stevenson(
Abhyuday, 2021)where the House of Lords laid down a decision in their ruling that a personal
cannot sue or make another person chargeable for losses and damages incurred on the first
party where there was no contractual obligation on another person. After this case the House
of Lord interpreted the relevance of duty to require care as a significant requisite of
negligence. These sorts of laws are mainly seen between neighbours, employer-customer
liability to require care and so on. It includes three main requisites for claiming compensation
against negligence when these essentials are complied which are duty of care, breach of
obligation where such person has responsibility and such duty arises where person caused
loss and damages in reasonable circumstances where a private could avoid such omission.
The major element is duty of care which arises from the above case mentioned which
obligates a personal owing responsibility where its actions are closely linked with interest of
another affecting them. within the case of Anns v. Merton London Borough Council,
restricted the concept of this element introducing terms like fairness and proximity of taking
tutelage which is included in reasonable circumstances normally. On other hand breach of
duty, cases are presented before tribunal where a person violated their obligation underlying
duty to worry where the onus of proof lies on the alleged individual for proving their
innocence. There are certain guidelines which are laid to work out reasonable individuals
performing its actions furthermore to violation resulting in weak position. These acts of
defendant are one at place of employment, societal obligation on alleged,high proportionate
of peril is involved, reasonable steps are taken by person in such situations defendant isn't
responsible for negligence.
3) ‘What is law?’ and `why does the law exist?’ Discuss and explain some of the
main theories relating to ‘Sources of Law’.
Answer-Law is collection of rules, regulation, ordinance, standard and criteria which is ready
in society by legislators or law makers directing its administration in society further
obligating individuals to follow them. The influence of those are displayed in administering
social groups which are stated in codified format effectively within their jurisdiction. These
legislation regulates domination and authorization over behaviour of citizens but such
authorities cannot deprive individuals from their fundamental rights as established by law
except in some exceptions. The common system is partially in written form so such
legislation isn't codified which comprises two sources of law common and statutory
regulation. Where the prior has obligatory requirements on lawmakers where judicial
precedent which appellate and apex court rulings delegates orders to their subordinates for
complying with the commands laid down specifically case.(Williams,., 2022.) Whereas,
statutory source of law determines their power from Houses of Parliament which are House
of Lords and House of Commons which are in written format where law is enacted following
various step as issuance of draft, forming into bill, electoral votes from both houses and

crown and majority votes decides enforcement of legislation approved or rejected by general
assembly.
4) What are the three elements which a Claimant must establish in a negligence
claim?
Answer-Negligence may be a tort which arises when someone has duty of care and therefore
the latter violated its performance leading to non desired loss and damages omitting such
person interest in reasonable circumstances. There are mainly three elements to constitute
such a tortious act. The first condition is duty of care where for creating alleged chargeable
for negligent act on their part this essential must be complied. This refers that each individual
must owe duty to take proper forethought and a focus while it carries their function where
such actions lays certain guidelines which must be complied avoiding further non ethical,
immoral and unlawful acts. The second condition is responsibility must be laid underlying
claimant interest administering relation of both the parties and setting criteria for correct
conduct of activities where owing duty towards the plaintiff isn't enough but must also
involve determination for establishment of activities which is decided by the judge. The third
condition is violation of duty to require care where alleged has ineffectual to comply with the
need criteria where a private owes or doesn't have responsibility to require take care of
fulfilment of their conduct. The fourth condition is actual causation of omission where
claimant sues defendant for negligent actions showing their liabilities for proving violated
actions on a {part of} alleged causing breach causing actual damage on part of aggrieved.
The fifth proximate cause which involves legal causation which recognizes prime causation
of such damages and injuries which involves actions which may well be foreseen by such
person resulting in breach incurred on its part(Burns,2018.). The sixth element defines that
charge isn't sufficient to constitute negligence such breach must involve non compliance of
defendant exercising ordinary care where it's duty of taking caution and its failure resulted in
harm caused to body,image, property or asset, economical damage or mental injury so on.
After proving and complying all the weather claimants can demand compensation from the
alleged party.
5) Illustrate and explain the rules that apply to judicial precedent and statutory
interpretation; by citing prominent legal principles based on, ‘Ratio Decidendi’
‘Obiter Dicta’.
Answer-The concept of precedent mainly refers to act or rulings laid down by tribunal which
undertake prior and former laid judgement heard and decided as example having similar facts
and issues for referring in subsequent action and behaviour of parties generally. The judicial
precedence are categorised into various divisions which are first is authorised precedent
which is compiled by courts direction established . The second is persuasive where rulings of
tribunal doesn't comply with any accountability bit holds ingratiate measures. Where foreign
tribunals' decisions are holding persuasive value in other tribunals.Lastly,declaratory

precedent which Salmond opined as mere execution of prior regulation. The principal rule of
Obiter Dicta(Lilienthal, G., 2019) has been interpreted in various judgements and the ruling
laid down by court expressing judicial authorities command has no significant value in court.
It does hold any value for concluding any concern but used as a component for addressing
various situations just in case of disagreement and disputes arise. On the other hand ratio
decidendi refers to reasoning for decisions laid in tribunal where such legislation don't seem
to be employed in contemporary case scenery but used for concluding decisions laid down by
court normally. These are segment of precedence which holds value in court for laying as
example in upcoming and future cases resolving disagreement
Section C: Longer answer questions –
1) Consider the following complaints and advise the property owners whether or
not. They will have a claim in nuisance against Fred for the issues complained
of?
Answer-In the first case, Mrs Khan has authority and right to file a complaint for nuisance
jointly if the essence of this tortious liability is arising because it is causing annoyance and
interference to other persons land. The requisite of this kind of tort lays down that where any
injury or damage is caused infringing their rights legally because of wrong committed by
their action disturbing and violating their rights. Within the case owner was closely related
with respondent residence at west where the over growing branches scrapyard was touching
their patio and resulting in cracks damaging its property. But after many complaints they also
didn't pay any heed and due attention, So claimant had the right to require action on nuisance
rights. In the second situation, both essentials are violated where there was complaint for
noise and smells of plants which lays down that any wrong conducted with intent to cause
violation of their right or causing annoyance and damages are incurred on enjoyment over
other person property shall not be intervened. If such a situation comes alive then nuisance
can happen.(Chinwuba, N.N., 2020) This case includes tenants living on side where they were
annoyed of continuous noise disturbs the claimant working in night shift by workers playing
loud music and machinery which involved construction disturbing its right of enjoyment at its
residence by Dave and Molly was annoyed of smell from the plants infringing their legal
rights in order that they can complain for nuisance conducted. In the third scenery, the Bits
and Bobs owner Fred is responsible for nuisance under this scenery because the landowner
Jenny plans were damaged because of the emission of pollutants which were polluting the
environment causing their right of residence.
2) Advise Magic Mug on whether an enforceable contract was made with Betty?
Answer-In this scenario there was no contractual obligation of Magic Mug to compensate
damages with regards to Betty interest as there was invitation to treat on Betty part but
acceptance has not been delivered from the side of the company only the opposite party has
offered its interest which is at the beginning of contract. The Carbolic Smoke ball Co. v.

Carlill, which stated that mere offer for inviting to treat isn't a contract. For obligating a
person to perform action in contract arises where there's proper offer from offer and
acceptance from the side of the offeree expressly or impliedly.(Williams, C., 2022.)Then
there must be consideration holding certain values in economic terms. Further it holds legal
intention for forming legal agreement having consensus ad idem and agreeing on all terms
and conditions and performing respective function with the thing to receive interest on both
parties' part . Therefore these conditions must be complied which was seen just in case the
company and cafe Tasty Treats chain compiled their performance but Betty has just offered
that no action was further taken. Therefore no award shall be received thanks to absence of
contractual accountability.
3) Advice Shreena and Gita what documents will have to be delivered to the
Registrar of Companies before a certificate of incorporation of the company is
issued, any restrictions on choice of the name of the company, and any
liabilities they may personally incur if the lease is signed before the company is
incorporated?
Answer-In such scenario the only real owners signing lease before incorporation of company
shall be completely liable which makes Shreena and Gita to carry loss and damages
personally as they signed lease deed before becoming directors and owners of organisation.
The incorporation of a company will hold various elements for constituting a company which
involves registration of an entity having true and legal identification, In such scenery
partnership agreement shall be signed sharing their shares and stock for having rights and
obligation equivalent form for the profits and losses. The title of the company must represent
the uniqueness and nature of the organisation it's involved in. Further it comprises the
constitution of the company where the Article of Association is one which has rules and
regulation including legislative provisions under that. On the other hand, a memorandum of
association is one which incorporates incorporation and carrying out details, administration
and management regulation and other such facets of companies. When these elements are
composed then only a vegetable company is established.(Gerner et.al.,, 2019.)

References
Books and Journals
Ceil, C., 2018. The Development of Legal System in England and Wales. Available at SSRN
3520535.
Abhyuday, 2021. Donoghue vs Stevenson. Jus Corpus LJ, 2, p.97.
Williams, M., 2022. Rule of Law Without a Constitution in the UK. In Judges and the
Language of Law (pp. 141-188). Palgrave Macmillan, Cham.
Lilienthal, G., 2019. Business goodwill: relationships of production, legal superstructures and
an administrative prerogative act developed in United Kingdom ideology and case
law. Commonwealth Law Bulletin, 45(1), pp.92-114.
Chinwuba, N.N., 2020. Recent developments in the application of the doctrine of vicarious
liability by United Kingdom courts. Nnamdi Azikiwe University Journal of
International Law and Jurisprudence, 11(1), pp.137-148.
Williams, C., 2022. Functional or dysfunctional? The language of business contracts in
English: an update. In Research Handbook on Contract Design (pp. 75-91). Edward
Elgar Publishing.
Gerner-Beuerle, C. and Schillig, M.A., 2019. Comparative company law. Oxford University
Press.