Legal System Evolution in England
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Questions and Answers

What was the role of justiciars in the court system?

  • They created new laws independent of the King's Court.
  • They were local judges who enforced civil law only.
  • They were royal judges responsible for overseeing local cases. (correct)
  • They acted as jurors in all trials.

    • How did the principle of stare decisis influence the legal system?

  • It required all cases to be overseen by the King.
  • It made legal decisions more predictable by following past rulings. (correct)
  • It allowed judges to create new laws at will.
  • It ensured that laws based on precedent could not be changed.

    • What change did Henry II implement regarding writs?

  • Writs were made available for public purchase to seek justice. (correct)
  • Writs were restricted only to noble families.
  • All writs became free to obtain by anyone.
  • Writs were eliminated from the legal process.

    • What was a key provision of the Magna Carta signed by King John?

    <p>It established that everyone is subject to the same law.</p> Signup and view all the answers

    What is the difference between the rule of law and the rule of men?

    <p>The rule of law suggests that everyone is subject to the law, while the rule of men places rulers above it.</p> Signup and view all the answers

    What was one criticism of the system of writs in the justice system?

    <p>They favored the wealthy who could afford to purchase them.</p> Signup and view all the answers

    What role did juries play in the courts during this time period?

    <p>Juries decided both the law and the facts of the case.</p> Signup and view all the answers

    What is meant by a 'writ' in the context of the legal system?

    <p>It is an order made by a monarch for a specific action.</p> Signup and view all the answers

    Which principle ensures that laws must apply to everyone equally, without discrimination?

    <p>Generality</p> Signup and view all the answers

    What is the significance of clarity in law?

    <p>Laws should be free from ambiguity.</p> Signup and view all the answers

    What type of cases did the Court of Common Pleas handle?

    <p>Private disputes without the King's interest</p> Signup and view all the answers

    Which court was absorbed into the High Court by the Judicature Act of 1873?

    <p>Court of King's Bench</p> Signup and view all the answers

    What was one of the main social systems introduced after the Norman Conquest?

    <p>Feudalism</p> Signup and view all the answers

    What role did early chancellors play in the legal system?

    <p>They were responsible for hearing petitions to the King.</p> Signup and view all the answers

    How does equity differ from common law in terms of available remedies?

    <p>Equity provides remedies where common law fails.</p> Signup and view all the answers

    Which event marked the beginning of significant changes in England's legal system?

    <p>The Norman Conquest</p> Signup and view all the answers

    Which of the following elements does NOT contribute to the rule of law as defined by Fuller?

    <p>Ambiguity</p> Signup and view all the answers

    What was a notable form of trial used in Anglo-Saxon law to determine guilt or innocence?

    <p>Trial by combat</p> Signup and view all the answers

    What was the purpose of writs in the legal system following the Norman Conquest?

    <p>To summon a person to appear before court</p> Signup and view all the answers

    What was the primary responsibility of the Court of Exchequer?

    <p>To administer the royal treasury and fiscal matters.</p> Signup and view all the answers

    Who were the initial jurors in the Anglo-Saxon legal system?

    <p>Neighbors familiar with the case</p> Signup and view all the answers

    What does the principle of non-retroactive mean in the context of law?

    <p>Laws cannot prohibit past behaviors.</p> Signup and view all the answers

    Which aspect of law did the King’s Court, or Curia Regis, primarily focus on?

    <p>Holding court for tenants in chief</p> Signup and view all the answers

    What was a significant outcome of the amalgamation of the Court of Exchequer in 1875?

    <p>Formation of the exchequer division of the High Court.</p> Signup and view all the answers

    What did the practice of outlawry entail in the context of Anglo-Saxon law?

    <p>Declaring a person beyond the law's protection</p> Signup and view all the answers

    Before the Norman Conquest, what characterized the legal system in England?

    <p>Oral customary rules and local courts</p> Signup and view all the answers

    What principle underlies the idea that every right must have a remedy in equity?

    <p>Equity will not allow a wrong without a remedy.</p> Signup and view all the answers

    What was the primary outcome of the Attorney General v Blake (2000) case regarding breach of contract?

    <p>The court ruled on the basis of equity for account of profit.</p> Signup and view all the answers

    What was one of the main criticisms of the laws in Ancient Rome during the Republic?

    <p>They mainly benefitted the upper classes.</p> Signup and view all the answers

    What was the significance of the Twelve Tables in Roman law?

    <p>They were a comprehensive code for Roman citizens' rights.</p> Signup and view all the answers

    In the Common Law system, how are legal principles primarily determined?

    <p>By judicial decisions and precedents.</p> Signup and view all the answers

    Which Roman legal figure was primarily responsible for conducting pre-trial hearings?

    <p>Praetor.</p> Signup and view all the answers

    What role did jurists play in the legal system of Ancient Rome?

    <p>They provided legal counsel as a public service.</p> Signup and view all the answers

    What type of remedy does equity often provide in cases of breach of contract?

    <p>Account of profit.</p> Signup and view all the answers

    How were the edicts of the Praetor significant in Roman law?

    <p>They represented the primary source of private law.</p> Signup and view all the answers

    Which of the following best describes the nature of the Code of Hammurabi?

    <p>It included a mix of civil and criminal laws.</p> Signup and view all the answers

    What fundamental idea does the maxim 'where there is a right, there is a remedy' represent?

    <p>That legal rights must be protected and enforced.</p> Signup and view all the answers

    What characterizes civil law systems compared to common law systems?

    <p>Reliance on statutory laws rather than case law.</p> Signup and view all the answers

    Which of the following was a result of the establishment of the Twelve Tables?

    <p>Equitable treatment of all citizens under the law.</p> Signup and view all the answers

    In the context of duress, what does misrepresentation refer to?

    <p>Presenting false information to induce agreement.</p> Signup and view all the answers

    What was the significance of the Criminal Court opened on 4 March 1844 in Hong Kong?

    <p>It was the first court in China to conduct trials by jury.</p> Signup and view all the answers

    Who was the first Chief Justice of Hong Kong, and what challenge did he face?

    <p>John Hulme; he struggled to find barristers willing to work due to the climate.</p> Signup and view all the answers

    Which ordinance established the Supreme Court of Hong Kong and what was its primary purpose?

    <p>The Supreme Court Ordinance; to apply English laws in the colony.</p> Signup and view all the answers

    What was one major issue during the first case in the Criminal Court involving the Manila seaman?

    <p>The trial was conducted without a lawyer or translator for the defendant.</p> Signup and view all the answers

    How did the amendments made to the Supreme Court Ordinance in 1845 and 1846 affect the application of English laws in Hong Kong?

    <p>Only English laws existing prior to 1843 would apply.</p> Signup and view all the answers

    What role did jurists play in the Roman legal system?

    <p>They were legal experts providing advice and drafting the Edict.</p> Signup and view all the answers

    What is the significance of responsa in the context of Roman law?

    <p>They served as responses to specific legal questions.</p> Signup and view all the answers

    What was the salary of the first Attorney General of Hong Kong, Mr. Paul Sterling?

    <p>1,500 pounds per year.</p> Signup and view all the answers

    How did the practice of edict issuance change over time in Rome?

    <p>They turned into a repetitive process of adding to the previous year's edict.</p> Signup and view all the answers

    What was one of the reasons other barristers were reluctant to accept the position of Chief Justice in Hong Kong?

    <p>Concerns about the lack of legal infrastructure.</p> Signup and view all the answers

    What was the outcome of the jury's verdict in the first case tried in the Criminal Court?

    <p>The jury found the defendant guilty of willful murder.</p> Signup and view all the answers

    What was the impact of Emperor Justinian's codification?

    <p>It created a systematic compilation of legal texts under the Corpus Juris Civilis.</p> Signup and view all the answers

    Which statement distinguishes common law from civil law?

    <p>Common law is primarily built on cases and precedents.</p> Signup and view all the answers

    What is a primary feature of the adversarial system in common law?

    <p>Judges moderate, while juries decide factual matters.</p> Signup and view all the answers

    What was one reason for the lack of continuity in litigation in the Roman legal system?

    <p>The division of authority between praetor and judex.</p> Signup and view all the answers

    What characterized the role of patented jurists in the Roman Empire?

    <p>They acquired advisory power and influence over legal rules.</p> Signup and view all the answers

    Which of the following best describes the essence of Corpus Juris Civilis?

    <p>A systematic codification of various legal texts in the Roman Empire.</p> Signup and view all the answers

    How were the concepts of equity law different between Roman law and English law?

    <p>Roman equity law developed under the influence of jurists.</p> Signup and view all the answers

    Which university is noted for establishing the study of Roman law in Western Europe?

    <p>University of Bologna</p> Signup and view all the answers

    What was the major legal reform called that appeared in France during the 18th century?

    <p>Napoleonic Code</p> Signup and view all the answers

    Which statement correctly identifies a unique aspect of civil law?

    <p>It features a comprehensive and up-to-date codification of laws.</p> Signup and view all the answers

    What structural element plays a major role in common law compared to civil law?

    <p>Case law and judicial precedents</p> Signup and view all the answers

    What is the duration for which the Basic Law will remain unchanged in Hong Kong?

    <p>50 years</p> Signup and view all the answers

    Which of the following is not a responsibility of the Hong Kong Special Administrative Region (HKSAR)?

    <p>Conducting foreign affairs</p> Signup and view all the answers

    What does the term 'one country, two systems' refer to in the context of Hong Kong?

    <p>The coexistence of socialist and capitalist systems</p> Signup and view all the answers

    What crucial aspect of a legal system do secondary rules provide?

    <p>Define and clarify primary rules</p> Signup and view all the answers

    Which body is responsible for enacting and promulgating the Basic Law for the HKSAR?

    <p>National People's Congress</p> Signup and view all the answers

    Which of the following elements is NOT considered part of the Basic Law?

    <p>Defense</p> Signup and view all the answers

    What does the Rule of Recognition help to solve in a legal system?

    <p>Uncertainty about the rules</p> Signup and view all the answers

    Which of the following responsibilities is explicitly stated for the HKSAR after its establishment?

    <p>Managing the legal system independently</p> Signup and view all the answers

    What is one requirement for a legal system as per the outlined jurisprudence?

    <p>Must include both primary and secondary rules</p> Signup and view all the answers

    Under the Basic Law, what system will NOT be practiced in the HKSAR?

    <p>Socialist system</p> Signup and view all the answers

    In the common law system, which of the following roles is primarily filled by judges?

    <p>Moderators</p> Signup and view all the answers

    Which statement accurately reflects the role of lawyers in a civil law system?

    <p>They represent clients' interests while judges lead proceedings.</p> Signup and view all the answers

    What distinguishes customary law from other legal systems?

    <p>It is based on long-standing customs rather than formal legislation.</p> Signup and view all the answers

    Which type of law originated in Saudi Arabia during the 7th century?

    <p>Islamic Law</p> Signup and view all the answers

    What was the primary outcome of the Treaty of Nanking in 1842?

    <p>It established British sovereignty over Hong Kong Island.</p> Signup and view all the answers

    Which legal system primarily encourages the judge to act as an investigator?

    <p>Civil Law</p> Signup and view all the answers

    What is the primary function of legal scholarship in the context of the common law?

    <p>Identify legal problems and propose improvements.</p> Signup and view all the answers

    Which of the following is true regarding the binary legal system established by Captain Elliot's proclamation in Hong Kong?

    <p>Both British law and Chinese customs were to apply.</p> Signup and view all the answers

    What does the term 'mixed legal system' imply, especially in the context of South Africa?

    <p>A combination of civil and common law traditions.</p> Signup and view all the answers

    What was the economic impact of the British East India Company’s monopoly on opium?

    <p>Facilitated extensive opium importation to China.</p> Signup and view all the answers

    Which of the following best describes the role of the governor as conferred by the Hong Kong Letters Patent of 1843?

    <p>To represent the British Crown's interests.</p> Signup and view all the answers

    Which characteristic differentiates German Civil Law from other legal traditions?

    <p>It primarily relies on codified statutes.</p> Signup and view all the answers

    How do local customs influence the application of British law in Hong Kong according to Article III of the legal framework?

    <p>They can prevail unless they contradict English law.</p> Signup and view all the answers

    What was the purpose of the Joint Liaison Group established in 1985?

    <p>To facilitate discussions on the Joint Declaration</p> Signup and view all the answers

    What was one of the significant outcomes of the Handover on July 1, 1997?

    <p>Establishment of the Court of Final Appeal on July 1, 1997</p> Signup and view all the answers

    What principle governs land leases expiring before June 30, 1997?

    <p>They can be extended until June 30, 2047</p> Signup and view all the answers

    Which governing body's laws are prioritized in the courts of Hong Kong after the Handover?

    <p>The laws of the HKSAR</p> Signup and view all the answers

    When was the Reunification Ordinance enacted?

    <p>July 1, 1997</p> Signup and view all the answers

    Who confirmed the continuity of legal proceedings in Hong Kong post-Handover?

    <p>The Chief Executive of Hong Kong</p> Signup and view all the answers

    Which of the following statements about the Joint Liaison Group is NOT true?

    <p>It was established to handle land leases</p> Signup and view all the answers

    What was agreed upon regarding bilateral agreements after June 30, 1997?

    <p>They would remain in force</p> Signup and view all the answers

    What effect did the Basic Law have on Hong Kong's system after it became a Special Administrative Region?

    <p>It allowed the continuation of the capitalist system and lifestyle</p> Signup and view all the answers

    What was one of the functions of the Joint Liaison Group?

    <p>To discuss matters related to the smooth transfer of government</p> Signup and view all the answers

    Which of the following statements accurately describes the Application of English Law Ordinance (1966) in Hong Kong?

    <p>It allows English common law and equity rules to apply regardless of their creation date.</p> Signup and view all the answers

    What is a key provision of the Basic Law concerning the laws in force in Hong Kong?

    <p>Previous laws remain in effect unless amended by the HKSAR legislature.</p> Signup and view all the answers

    What happens to pre-1997 legislation if it conflicts with the Basic Law?

    <p>It may be repealed or amended and then adopted.</p> Signup and view all the answers

    Which article of the Basic Law specifies that common law is not frozen as of July 1, 1997?

    <p>Article 8</p> Signup and view all the answers

    In the context of Hong Kong law, which of the following accurately describes the effect of precedents from other common law jurisdictions?

    <p>They are persuasive but not binding.</p> Signup and view all the answers

    Which legislation allows for the application of specific pre-1843 English acts in Hong Kong?

    <p>Application of English Law Ordinance (1966)</p> Signup and view all the answers

    What can be inferred about the influence of the NPCSC Decision from February 23, 1997 on English law in Hong Kong?

    <p>Existing ordinances referring to English law can apply until amended.</p> Signup and view all the answers

    What defines the legislation enacted by the HKSAR post-1997?

    <p>It includes all ordinances enacted by the legislative council.</p> Signup and view all the answers

    What role does the Court of Final Appeal (CFA) play concerning past English court decisions?

    <p>The CFA has the authority to overturn previous English court decisions.</p> Signup and view all the answers

    Which aspect of prior law jurisdiction does John Forrest Dillon differentiate?

    <p>Common law from civil law</p> Signup and view all the answers

    Which court is not bound by its own previous decisions in Hong Kong?

    <p>Court of First Instance</p> Signup and view all the answers

    What is a Green Paper in the context of the life cycle of an ordinance?

    <p>A formal proposal for public debate</p> Signup and view all the answers

    Under which circumstance can courts decline to follow precedents?

    <p>If the law was assumed correct without proper argument</p> Signup and view all the answers

    Which type of legislation is passed by the Legislative Council?

    <p>Primary Legislation</p> Signup and view all the answers

    What was the primary purpose of the Basic Law Drafting Committee formed in 1985?

    <p>To create the Basic Law</p> Signup and view all the answers

    What is the purpose of a Member Bill in Hong Kong?

    <p>To propose new laws by LegCo members</p> Signup and view all the answers

    Which article of the Chinese Constitution allows the creation of special administrative regions?

    <p>Article 31</p> Signup and view all the answers

    What is indicated by Basic Law Article 73 regarding the Legislative Council?

    <p>It has the power to enact, amend, or repeal laws</p> Signup and view all the answers

    When was the Basic Law officially adopted by the National People’s Congress?

    <p>April 4, 1990</p> Signup and view all the answers

    Which of the following best describes the legislative process from proposal to enactment of an ordinance?

    <p>Proposal -&gt; Green Paper -&gt; Bill -&gt; Enactment</p> Signup and view all the answers

    How many chapters are there in the body of the Basic Law?

    <p>9 chapters</p> Signup and view all the answers

    Which of the following statements is true regarding the doctrine of precedent in Hong Kong?

    <p>The Court of First Instance is bound by the decisions of the Court of Appeal</p> Signup and view all the answers

    Which body has the authority to interpret the Basic Law in Hong Kong?

    <p>The Standing Committee of the National People's Congress</p> Signup and view all the answers

    Which legal change prohibited men from taking concubines in Hong Kong?

    <p>Marriage Reform Ordinance</p> Signup and view all the answers

    What does Chapter I, Article 8 of the Basic Law state about laws previously in force in Hong Kong?

    <p>They will be maintained unless conflicted with the Basic Law.</p> Signup and view all the answers

    What is the role of the NPCSC regarding the Basic Law interpretations?

    <p>To interpret the Basic Law on its own initiative or on request.</p> Signup and view all the answers

    What custom regarding land inheritance was abolished by legislation after 1995?

    <p>Passing property through the male line</p> Signup and view all the answers

    Which document primarily governs the laws in force in Hong Kong?

    <p>Basic Law</p> Signup and view all the answers

    Which article of the Basic Law gives the NPCSC power to interpret provisions related to Hong Kong’s autonomy?

    <p>Article 158</p> Signup and view all the answers

    Which of the following laws does NOT apply in Hong Kong except for those specified in Annex III?

    <p>National Laws of the People's Republic of China</p> Signup and view all the answers

    What happens if a Hong Kong court needs to interpret provisions related to the Central People's Government?

    <p>The court must seek guidance from NPCSC.</p> Signup and view all the answers

    In which areas does Chinese customary law mainly have relevance today?

    <p>Family law and land in the New Territories</p> Signup and view all the answers

    Which oath requires attorneys to renounce all rights of descendants of a pretender to the Crown?

    <p>Oath of Abjuration</p> Signup and view all the answers

    Who is responsible for proposing amendments to the Basic Law?

    <p>Both the NPCSC and the HKSAR</p> Signup and view all the answers

    What was the purpose of the one-way permit issued to mainland residents after 1982?

    <p>To limit immigration into Hong Kong</p> Signup and view all the answers

    Which of the following is NOT a source of law in Hong Kong?

    <p>European Union Law</p> Signup and view all the answers

    What was the verdict given by the jury in Cheong Ah-Lum's trial for the poisoned bread case?

    <p>Not guilty by a majority of five to one</p> Signup and view all the answers

    Which group of individuals was defined as having the right of abode in Hong Kong according to the Basic Law?

    <p>Chinese nationals born or residing for 7 years or more</p> Signup and view all the answers

    What is indicated by Article 159 regarding amendments?

    <p>Amendments cannot contradict the PRC’s established policies.</p> Signup and view all the answers

    What was the primary reason for the Attorney General's pressure in Cheong's trial?

    <p>To convict Cheong despite inadequate proof</p> Signup and view all the answers

    What legal change occurred due to the resolution passed on July 1, 1997?

    <p>Implemented specific national laws applicable in Hong Kong</p> Signup and view all the answers

    Which treaty first established British control over Hong Kong Island?

    <p>Treaty of Nanking</p> Signup and view all the answers

    What is the minimum requirement for the Chief Executive selection method stated in Annex I?

    <p>Nomination by a committee</p> Signup and view all the answers

    What type of system is used for interpreting the Basic Law in Hong Kong?

    <p>Hybrid system</p> Signup and view all the answers

    Which of the following laws does not exclude the application in Hong Kong?

    <p>Basic Law</p> Signup and view all the answers

    What type of legal rules do the English rules of common law and equity operate under in Hong Kong according to Section 3 of the Application of English Law Ordinance?

    <p>Both common law and equity rules</p> Signup and view all the answers

    What was a key feature of the Sino-British Joint Declaration regarding the governance of Hong Kong after the handover?

    <p>A high degree of local autonomy</p> Signup and view all the answers

    What authority does the SCNPC have concerning the laws in Annex III?

    <p>To add or remove laws after consulting relevant parties</p> Signup and view all the answers

    What was the fate of Cheong Ah-Lum after his arrest in relation to the poisoned bread?

    <p>He was sent back to Hong Kong for trial</p> Signup and view all the answers

    After the British occupation, which customary law primarily remained in Hong Kong?

    <p>Local Customary Law</p> Signup and view all the answers

    What was a significant concern in the Sino-British Joint Declaration regarding immigration?

    <p>Controlling the number of mainland Chinese entering Hong Kong</p> Signup and view all the answers

    According to the legal framework, which acts of Parliament would be applicable in Hong Kong as per Section 4 of the Application of English Law Ordinance?

    <p>Acts of Parliament explicitly stating applicability to Hong Kong</p> Signup and view all the answers

    Which feature was NOT included in the key details of the Sino-British Joint Declaration?

    <p>British control until Hong Kong's independence</p> Signup and view all the answers

    What defines

    <p>Children of Hong Kong residents</p> Signup and view all the answers

    What was the main concern of the jury in Cheong Ah-Lum's case despite some members being victims of the poisoned bread?

    <p>The integrity of the legal process</p> Signup and view all the answers

    What did the 1997 deadline signify in the context of Hong Kong's governance?

    <p>The end of British control and legal jurisdiction</p> Signup and view all the answers

    How were the rights and property of Hong Kong residents ensured after the handover according to the Joint Declaration?

    <p>Protected by law</p> Signup and view all the answers

    What event did the Poisoned Bread Case raise concerns over in terms of public safety?

    <p>Attempt to poison British officials</p> Signup and view all the answers

    Which of the following did NOT result from the decisions made in the Poisoned Bread Case?

    <p>Cheong Ah-Lum was released</p> Signup and view all the answers

    What did the Second Convention of Peking in 1898 grant to Britain?

    <p>A 99-year lease of the New Territories</p> Signup and view all the answers

    Which group of individuals is included as permanent residents in Hong Kong?

    <p>Children of permanent residents born outside Hong Kong</p> Signup and view all the answers

    What is necessary for individuals born in the mainland to establish permanent residency in Hong Kong?

    <p>A Certificate of Entitlement (C of E)</p> Signup and view all the answers

    Which court ruling clarified that children of HK residents are not considered 'people from other parts of China'?

    <p>Ng Ka Ling v Director of Immigration</p> Signup and view all the answers

    The NPCSC's interpretation of Article 24 of the Basic Law clarified what about individuals born outside Hong Kong?

    <p>It includes individuals born to residents at the time of their birth</p> Signup and view all the answers

    What jurisdiction allows a court to hear a matter for the first time?

    <p>Original Jurisdiction</p> Signup and view all the answers

    Which type of court includes the ability to review decisions made by lower courts?

    <p>Superior Courts</p> Signup and view all the answers

    What was a key feature of the Immigration (Amendment) (No 3) Ordinance introduced in 1997?

    <p>It established the Certificate of Entitlement (C of E) requirement</p> Signup and view all the answers

    What power does the Court of Final Appeal possess in Hong Kong?

    <p>To interpret laws and their applications</p> Signup and view all the answers

    Which of the following is NOT a characteristic of superior courts in Hong Kong?

    <p>Begin all criminal cases</p> Signup and view all the answers

    Which article of the Basic Law mandates the judiciary's power in Hong Kong?

    <p>Article 80</p> Signup and view all the answers

    What is the maximum penalty that permanent magistrates can impose for an offence?

    <p>HKD 100,000 fine and 2 years’ imprisonment</p> Signup and view all the answers

    Which of the following types of cases do criminal courts in Hong Kong primarily assess?

    <p>Guilt or innocence of accused individuals</p> Signup and view all the answers

    Which type of offence is likely to be punished with up to 2 years’ imprisonment in the Magistrates' Court?

    <p>Summary offences</p> Signup and view all the answers

    What jurisdictional limit applies to claims in equity matters related to land in the District Court?

    <p>HKD 7 million</p> Signup and view all the answers

    What happens to judgments rendered prior to the NPCSC's interpretations of the Basic Law?

    <p>They remain unaffected</p> Signup and view all the answers

    What type of cases does the Family Court handle?

    <p>Family-related cases such as divorce and custody</p> Signup and view all the answers

    What is a primary function of courts as per the overview provided?

    <p>To resolve conflicts between parties</p> Signup and view all the answers

    What does geographical jurisdiction refer to?

    <p>The geographical area where a court exercises authority</p> Signup and view all the answers

    Which of the following is NOT a type of jurisdiction held by the Court of First Instance?

    <p>Exclusive jurisdiction for minor offences</p> Signup and view all the answers

    How do prosecutors influence the choice of trial venue in Hong Kong?

    <p>Based on the 'likely' sentence</p> Signup and view all the answers

    What type of offences does the District Court deal with?

    <p>Indictable offences transferred from the Magistrates’ Court</p> Signup and view all the answers

    What is the role of a judge in criminal proceedings within the Court of First Instance?

    <p>Assisted by a jury of 7 or 8</p> Signup and view all the answers

    Which case example involved illegal smuggling punishable by a significant fine and imprisonment, yet was decided in a lower court?

    <p>2018 Rhinos Case</p> Signup and view all the answers

    What is one of the primary functions of the appeal system in the judicial process?

    <p>To correct errors made during hearings</p> Signup and view all the answers

    What type of jurisdiction does the Court of Appeal hold?

    <p>Appellate jurisdiction for civil and criminal matters</p> Signup and view all the answers

    What is the required composition of the Court of Final Appeal?

    <p>5 judges including the Chief Justice and a non-permanent judge</p> Signup and view all the answers

    Under what condition can the Court of Final Appeal hear limited appeals from the Court of First Instance?

    <p>If the Court of Final Appeal grants permission</p> Signup and view all the answers

    What does 'Ratio Decidendi' represent in a court ruling?

    <p>The legal principle or rule that is the basis for the court's decision</p> Signup and view all the answers

    Which of the following accurately defines 'Obiter Dicta'?

    <p>Non-essential comments made by a judge, offering guidance but bearing no binding authority</p> Signup and view all the answers

    What is the primary purpose of the Doctrine of Precedent?

    <p>To establish authoritative laws that bind judges in later cases</p> Signup and view all the answers

    In which case did the court rule that solicitors owe a duty to exercise skill in advising clients?

    <p>Foshan Hua Da Industrial Co v. Johnson Stokes &amp; Master</p> Signup and view all the answers

    What distinguishes vertical stare decisis from horizontal stare decisis?

    <p>Courts at the same level may consider but are not strictly bound by previous decisions</p> Signup and view all the answers

    What is one requirement for the Court of Appeal to grant leave to appeal in civil matters?

    <p>The question must be of great general or public importance</p> Signup and view all the answers

    Which statement accurately reflects the role of the Court of Final Appeal in Hong Kong?

    <p>It acts as the highest court and hears appeals from the Court of Appeal among others</p> Signup and view all the answers

    Study Notes

    Topic 1: Introduction to Common Law

    • The Norman Conquest of England (1066) brought about significant changes in England's legal system. Before the Conquest, there was no unified legal system; instead, oral customary rules and local courts governed different regions. Examples of local customs included informal public assemblies to settle disputes (like trial by ordeal).

    • Feudalism, a social system in medieval Europe, was introduced after the Norman Conquest. The King allocated land to his nobles (tenants in chief) in exchange for military support (knights). This created a hierarchical system.

    • Anglo-Saxon legal practices like juries and ordeals (trial by physical test, like fire or water, or trial by combat) continued to some extent. Eventually, the jury system evolved, shifting from local neighbors to randomly chosen individuals.

    • Outlawry was a common legal practice that removed an individual (typically for non-appearance in court or failure of an ordeal) from legal protection, allowing anyone to kill them without penalty.

    • Writs, written orders from the King, became increasingly important. Kings' courts (Curia Regis) traveled with the king, primarily handling cases involving tenants-in-chief.

    • Royal judges (Justiciars) were sent throughout England to apply common law, limiting the power of the courts by requiring them to follow precedents set by the King or the King's Court. This principle of stare decisis (precedent) eventually led to a stable common law of England, common to all parts of the land.

    • The use of juries in legal proceedings increased. The judge focuses on applying the decided law, and the jury determines the case's facts.

    • King Henry II further developed the writ system by allowing private individuals to purchase writs for specific types of complaints (debt, covenant, right of property- related disputes etc.), facilitating access to justice.

    • The Magna Carta (1215), signed by King John, was a crucial document that emphasized the rule of law, wherein everyone is subject to the same law, and the government is accountable (not above the law).

    • The development of different royal courts evolved to strengthen justice, including the Court of Common Pleas for private disputes, the Court of King's Bench for criminal and King-related matters, and the Court of Exchequer for financial matters. These courts ultimately led to the High Court.

    Topic 2: Common Law vs. Civil Law

    • The Code of Hammurabi is one of the oldest known codified legal systems, characterized by its harsh “if…then…” structure.

    • Civil law originated from Roman law. Jus civile was the civil law of the Roman Republic and Empire.

    • Roman law underwent development through the Twelve Tables, a codification of laws intended to reduce class bias in resolving disputes between higher and lower-ranked citizens.

    • Roman jurists, legal experts independent of government, provided counsel and drafted the praetor's edict, the primary source of private law. Their responsa (opinions) furthered a comprehensive jurisprudence.

    • A primary difference between common law and civil law systems is codification: Common law is largely uncodified, while civil law is codified with detailed legal codes.

    • Hong Kong's legal system is a complex hybrid due to its British colonial history and subsequent return to Chinese sovereignty in 1997.

    • British occupation of Hong Kong (starting in 1841) began after the First Opium War, resulting in a mix of British and Chinese legal traditions. Early proclamations aimed to create a binary legal system, acknowledging Chinese customs but applying British law in most cases.

    • Treaties of Nanking (1842), Beijing (1860), and Peking (1898) determined the areas of Hong Kong transferred from China to the British. British law applied with exceptions for Chinese law/customs.

    • Key constitutional mechanisms (Letters Patent & Instructions) were introduced to formally establish the governor’s authority in managing the legal system.

    • The Supreme Court of Hong Kong was established in 1844, marking the official introduction of the British legal system. The court faced challenges in practice due to language barriers and limited resources. Notable early cases were the murder trial and the poisoned bread case, showcasing the tension between establishing fairness and efficiency.

    • The Sino-British Joint Declaration of 1984 outlined Hong Kong’s transition to a Special Administrative Region of China, with a “one country, two systems” framework. This declaration detailed the handover timeline, outlining the continued application of much of Hong Kong's existing legal system. The Basic Law (a mini-constitution) was to prescribe the rules of HK.

    Topic 4: Sources of Law

    • The Basic Law is Hong Kong's mini-constitution, outlining the region's governance, rights, and relationship with mainland China, and is paramount in the HKSAR legal system. It was enacted in 1990, with the first draft being reviewed publicly in the years prior.

    • The Basic Law clarifies the “one country, two systems” framework that separates Hong Kong’s governing system in policy and practice from the mainland, defining a limited set of exceptions in foreign affairs and national defense.

    • Laws previously in force in Hong Kong (common law, equity, ordinances, subordinate legislation, customary law), continue to apply unless inconsistent with the Basic Law or amended locally.

    • The Standing Committee of the National People's Congress (NPCSC) holds the power to interpret the Basic Law, with its interpretations being binding on Hong Kong courts.

    Topic 5A: The Court System

    • The Hong Kong court system, shaped by the Basic Law, remains a hybrid integrating aspects of the British and Chinese systems. Prior and post-handover, the courts maintain the function of settling disputes, determining rights, and applying justice in criminal and civil matters.

    • Superior courts (Court of Final Appeal, Court of Appeal, Court of First Instance, Competition Tribunal) have inherent, supervisory powers, while inferior courts (District, Magistrates', Small claims, Labor, and Lands Tribunals) handle cases with varying jurisdiction.

    • Specific courts, like the Magistrates' Courts, play a crucial role in starting many criminal cases and dealing with less severe offences.

    Topic 5B: The Doctrine of Precedent

    • The doctrine of precedent ensures continuity in judicial decisions by requiring lower courts to follow the decisions of higher courts. The principle of stare decisis (precedent) is maintained, with distinctions between ratio decidendi (binding legal principle) and obiter dicta (non-binding remarks).

    • Courts may avoid applying precedents in conflicting or ambiguous cases..

    Topic 6A: Process of Legislation

    • Hong Kong's legislative process, governed by the Basic Law, involves a formal process for enacting laws, with a significant role for the Legislative Council (LegCo).

    • Bills, either initiated by the government or individual members, go through several stages, including public consultations. Primary legislation involves ordinances passed by LegCo, while secondary legislation involves delegated lawmaking.

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    Test your knowledge about the evolution of the English legal system, focusing on key concepts such as justiciars, the principle of stare decisis, and the significance of the Magna Carta. Explore the role of early chancellors, juries, and the impact of Henry II's changes to writs. This quiz will help you understand significant historical legal principles and their implications.

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