CILEX Professional Qualification (CPQ) Foundation Stage: Legal Systems, Skills and Professional Conduct Syllabus

Foundation Stage: Legal Systems, Skills and Professional Conduct syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Foundation Stage: Legal Systems, Skills and Professional Conduct in CILEX Professional Qualification (CPQ), not a summary of it.

1. 1

   The English Legal System and Its Institutions

   5 topics

   • Sources of law
     • Primary legislation: Acts of Parliament and the legislative process
     • Delegated legislation: statutory instruments, byelaws and orders in council
     • Case law and the doctrine of judicial precedent (stare decisis)
     • Retained EU law and the post-Brexit settlement
   • The court structure of England and Wales
     • Magistrates' Court and County Court jurisdiction
     • Crown Court and High Court divisions
     • Court of Appeal (Civil and Criminal Divisions)
     • The Supreme Court and the Judicial Committee of the Privy Council
   • Tribunals and alternative dispute resolution
     • First-tier and Upper Tribunal structure
     • Mediation, arbitration and conciliation
   • Personnel of the law
     • Judiciary, magistrates and judicial independence
     • The legal professions: solicitors, barristers and CILEX Lawyers
     • Juries and lay participation
   • Access to justice and funding
     • Legal aid and the Legal Aid Agency
     • Conditional fee and damages-based agreements
2. 2

   Statutory and Case Law Interpretation

   4 topics

   • Rules of statutory interpretation
     • The literal, golden and mischief rules
     • The purposive approach
   • Aids to interpretation
     • Intrinsic aids: long title, headings and definitions
     • Extrinsic aids: Hansard, Interpretation Act 1978 and explanatory notes
     • Rules of language: ejusdem generis, expressio unius, noscitur a sociis
   • Operating the doctrine of precedent
     • Ratio decidendi and obiter dicta
     • Binding, persuasive and distinguishing precedent
     • Overruling, reversing and the Practice Statement 1966
   • Reading and citing law reports and legislation
3. 3

   Human Rights and the Constitution

   3 topics

   • Constitutional principles
     • Parliamentary sovereignty
     • The rule of law and separation of powers
   • The Human Rights Act 1998
     • Convention rights incorporated into domestic law
     • Sections 3 and 4: interpretation and declarations of incompatibility
     • Public authorities and section 6 duties
   • Judicial review and administrative law
     • Grounds: illegality, irrationality, procedural impropriety
     • Remedies and standing
4. 4

   Legal Research, Writing and Practical Skills

   4 topics

   • Legal research methodology
     • Using primary and secondary sources
     • Electronic databases and updating the law
   • Legal writing and drafting
     • Letters of advice and attendance notes
     • Plain English and structuring written advice
   • Problem-solving and application of law to fact (IRAC/IDEA)
   • Client interviewing and advocacy fundamentals
5. 5

   Professional Ethics and Conduct

   5 topics

   • The CILEX Code of Conduct and regulatory framework
     • CILEX Regulation and the principles of conduct
     • Duties to the client, court and public
   • Confidentiality and conflicts of interest
   • Integrity, competence and professional standards
   • Anti-money laundering and financial crime obligations
     • Customer due diligence and risk assessment
     • Suspicious activity reporting
   • Equality, diversity and the duty not to discriminate

Foundation Stage: Legal Systems, Skills and Professional Conduct flashcards for CILEX Professional Qualification (CPQ)

20 of 50 cards from the Foundation Stage: Legal Systems, Skills and Professional Conduct deck — real questions with worked answers.

1. What are the two principal categories of sources of law in England and Wales?

   Primary sources (legislation/statute law and case law/common law) and secondary sources (e.g. textbooks, journals, encyclopedias used to find and explain the law). Domestic legislation and judicial precedent are the two main primary sources.

2. Distinguish between primary legislation and secondary (delegated) legislation.

   Primary legislation is an Act of Parliament (statute) passed by Parliament. Secondary (delegated) legislation is law made by a body to which Parliament has delegated power, e.g. statutory instruments, byelaws and Orders in Council, made under authority of a parent/enabling Act.

3. List the main stages a Bill passes through to become an Act of Parliament.

   First Reading, Second Reading, Committee Stage, Report Stage and Third Reading (in each House: Commons and Lords), then Royal Assent. The Bill becomes an Act on Royal Assent but takes effect on commencement.

4. What is the difference between common law and equity?

   Common law developed through the King's courts and provides remedies as of right (mainly damages). Equity developed in the Court of Chancery to mitigate the rigidity of common law and offers discretionary remedies (e.g. injunction, specific performance). Where they conflict, equity prevails.

5. In the civil court structure of England and Wales, name the courts in ascending order of seniority.

   County Court and High Court (first instance) → Court of Appeal (Civil Division) → Supreme Court. The High Court has three divisions: King's Bench, Chancery and Family.

6. In the criminal court structure, name the courts in ascending order of seniority.

   Magistrates' Court → Crown Court → High Court (King's Bench Division/Divisional Court) and Court of Appeal (Criminal Division) → Supreme Court.

7. What are the three classifications of criminal offences and where are they tried?

   Summary offences (tried in the Magistrates' Court only); either-way offences (tried in either the Magistrates' Court or Crown Court); indictable-only offences (tried in the Crown Court only).

8. What is the role of the three divisions of the High Court?

   King's Bench Division (KBD): contract, tort, judicial review. Chancery Division: trusts, probate, land, company and insolvency. Family Division: matrimonial, children and family matters.

9. What is alternative dispute resolution (ADR) and name its main forms?

   ADR is resolving disputes without full court litigation. Main forms: negotiation, mediation, conciliation and arbitration. It is generally cheaper, quicker, more private and can preserve relationships.

10. Distinguish mediation from arbitration.

    In mediation a neutral third party facilitates a settlement but cannot impose a decision (non-binding unless agreed). In arbitration the arbitrator hears the dispute and makes a binding decision (an award) enforceable like a court judgment.

11. What is a tribunal and how does the tribunal system divide?

    A tribunal is a specialist judicial body deciding disputes in particular areas (e.g. employment, immigration, social security). Most sit in a two-tier structure: the First-tier Tribunal and the Upper Tribunal, organised into chambers.

12. Name the principal personnel of the legal profession in England and Wales.

    Solicitors, barristers and CILEX (Chartered Legal Executive) lawyers, plus the judiciary, magistrates, legal advisers/clerks, paralegals, and law officers (Attorney General, Solicitor General). Regulators include the SRA, BSB and CILEx Regulation.

13. What is the difference between a solicitor and a barrister traditionally?

    Solicitors traditionally conduct litigation, advise clients directly and handle transactional work. Barristers are specialist advocates instructed by solicitors who provide advocacy and expert opinions. Distinctions have blurred (e.g. solicitor-advocates with higher rights of audience).

14. What does 'access to justice' mean and what is the main statute governing legal aid?

    Access to justice means the ability of all people to obtain legal advice and use the legal system regardless of means. Legal aid is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), administered by the Legal Aid Agency.

15. What is a conditional fee agreement (CFA) and how does it differ from a damages-based agreement (DBA)?

    A CFA ('no win, no fee') pays the lawyer a base fee plus a success fee (a percentage uplift) only if the case succeeds. A DBA pays the lawyer a percentage of the damages recovered. Both are forms of private funding.

16. State the literal rule of statutory interpretation.

    The literal rule gives words in a statute their ordinary, plain, grammatical meaning, even if the result is absurd or undesirable. Example: Whiteley v Chappell (impersonating a person 'entitled to vote' did not cover a dead person).

17. State the golden rule of statutory interpretation.

    The golden rule is a modification of the literal rule: words are given their literal meaning unless this produces an absurd or repugnant result, in which case the court adopts an alternative meaning to avoid the absurdity. Example: R v Allen.

18. State the mischief rule of statutory interpretation (Heydon's Case).

    The mischief rule looks at the gap or 'mischief' in the law that the statute was passed to remedy and interprets the words to suppress the mischief and advance the remedy. Established in Heydon's Case (1584). Example: Smith v Hughes.

19. What is the purposive approach to statutory interpretation?

    The purposive approach interprets legislation to give effect to the purpose or intention behind it, rather than just the literal words. It is broader than the mischief rule and is the dominant modern approach, strongly influenced by EU and human rights law.

20. Distinguish intrinsic (internal) aids from extrinsic (external) aids to interpretation.

    Intrinsic aids come from within the Act itself (e.g. long and short title, preamble, headings, schedules, interpretation/definition sections). Extrinsic aids come from outside the Act (e.g. dictionaries, the Interpretation Act 1978, Hansard, Law Commission reports, related statutes).

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