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

24 sample cards from the Foundation Stage: Legal Systems, Skills and Professional Conduct deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Define the precedent techniques of 'distinguishing', 'overruling' and 'reversing'.

   Distinguishing: a judge avoids a precedent by finding the material facts are sufficiently different. Overruling: a higher court declares a legal principle in an earlier (different) case wrong. Reversing: a higher court changes the decision of a lower court in the same case on appeal.

2. What is the neutral citation format and what does it tell you?

   A neutral citation identifies a case independently of any law report series, e.g. [2010] UKSC 14: year in square brackets, court abbreviation (UKSC = UK Supreme Court), and the judgment number. It allows pinpoint citation by paragraph number.

3. In the case citation R v Smith [2011] EWCA Crim 123, what does each element mean?

   R = the Crown (Regina/Rex); Smith = the defendant; [2011] = year of judgment; EWCA = England and Wales Court of Appeal; Crim = Criminal Division; 123 = the case/judgment number for that year.

4. How is a section of an Act cited and what does 's 1(2)(a)' mean?

   Statutes are cited by short title and year, then section. 's 1(2)(a)' means section 1, subsection (2), paragraph (a). Sections are 's', subsections are bracketed numbers, paragraphs are bracketed letters, and divisions are sub-paragraphs in lower-case Roman numerals.

5. What are the key constitutional principles of the UK constitution?

   Parliamentary sovereignty (Parliament is the supreme law-making body), the rule of law, the separation of powers, and constitutional monarchy. The UK constitution is uncodified (not in a single written document).

6. Explain A.V. Dicey's twin pillars of the UK constitution.

   Dicey identified (1) parliamentary sovereignty — Parliament can make or unmake any law and no body can override an Act; and (2) the rule of law — no punishment without breach of law, equality before the law, and rights derived from court decisions.

7. What are the three elements of the rule of law commonly attributed to Dicey?

   (1) No one may be punished except for a distinct breach of law established before the ordinary courts; (2) everyone is equal before the law regardless of status; (3) general constitutional principles result from judicial decisions protecting individual rights.

8. What is the separation of powers and the three branches of state?

   The separation of powers divides state functions among: the legislature (Parliament — makes law), the executive (government/Crown — implements law) and the judiciary (courts — interpret and apply law), to provide checks and balances against abuse of power.

9. What was the constitutional significance of the Constitutional Reform Act 2005?

   It created the UK Supreme Court (separating the highest court from the House of Lords), reformed the office of Lord Chancellor, created the Judicial Appointments Commission, and strengthened judicial independence and the separation of powers.

10. What does the Human Rights Act 1998 do?

    The HRA 1998 incorporates most rights of the European Convention on Human Rights (ECHR) into UK law, allowing them to be relied on in UK courts. It came into force on 2 October 2000.

11. What does section 3 of the Human Rights Act 1998 require of courts?

    Section 3 requires that, so far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way compatible with the Convention rights.

12. What is a 'declaration of incompatibility' under section 4 of the HRA 1998?

    Where a court cannot interpret legislation compatibly with Convention rights, the higher courts may issue a declaration of incompatibility under section 4. It does not invalidate the legislation; it signals to Parliament that the law conflicts with the ECHR, leaving change to Parliament (preserving parliamentary sovereignty).

13. Distinguish absolute, limited and qualified rights under the ECHR.

    Absolute rights cannot be interfered with under any circumstances (e.g. Art 3, prohibition of torture). Limited rights may be restricted in specified circumstances (e.g. Art 5, liberty). Qualified rights may be lawfully interfered with where necessary and proportionate for a legitimate aim (e.g. Arts 8–11).

14. What is judicial review and against whom is it available?

    Judicial review is the High Court's supervisory jurisdiction to review the lawfulness of decisions, actions or omissions of public bodies. It challenges the way a decision was made, not its merits, and is available against bodies exercising public functions.

15. State the three traditional grounds for judicial review (per GCHQ case).

    Per Lord Diplock in the GCHQ case: illegality (acting beyond/ultra vires powers or misdirecting in law), irrationality (Wednesbury unreasonableness — a decision so unreasonable no reasonable authority could make it), and procedural impropriety (breach of natural justice or fairness). Proportionality is an emerging fourth ground.

16. What are the two rules of natural justice?

    (1) The rule against bias — nemo judex in causa sua ('no one should be a judge in their own cause'); and (2) the right to a fair hearing — audi alteram partem ('hear the other side').

17. Describe a sound legal research methodology.

    Steps: (1) analyse the facts and identify the legal issues; (2) identify keywords and the relevant area of law; (3) consult secondary sources to gain an overview; (4) locate primary sources (legislation and case law); (5) update/check the law is current (e.g. citators, status); (6) record findings and apply to the problem.

18. Why must legal research always be 'updated' and what tools help?

    Because the law changes — statutes are amended/repealed and cases may be overruled or distinguished. Updating tools include online citators (e.g. case status/'flags'), 'is it in force?' tools, and noting-up to confirm a case or statute remains good law.

19. What is the IRAC method of legal problem-solving?

    IRAC = Issue (identify the legal question), Rule (state the relevant law/statute/precedent), Application (apply the rule to the specific facts), and Conclusion (state the likely outcome). It provides a logical structure for legal analysis.

20. What does the IDEA model of problem-solving stand for?

    IDEA = Identify the issue(s), Define/Determine the relevant law, Explain/Examine how the law applies to the facts, and Apply the law to reach a conclusion. Like IRAC, it structures the application of law to fact.

21. What are the key qualities of good legal writing and drafting?

    Clarity, precision, conciseness, accuracy, plain English, logical structure, and appropriateness for the audience. Drafting must be unambiguous, consistent in terms used, and grammatically correct to avoid loopholes or misinterpretation.

22. Name the recognised stages of a good client interview.

    Stages: greeting and putting the client at ease; obtaining the client's account (listening), questioning to fill gaps and clarify; summarising and identifying the client's objectives; advising on options; agreeing the next steps; and closing (costs, confidentiality, follow-up).

23. What does the CILEX Code of Conduct require and who regulates CILEX members?

    The CILEX Code of Conduct sets out the professional principles and outcomes CILEX members must meet (acting with integrity, competence, in clients' best interests, maintaining confidentiality, and upholding the rule of law and proper administration of justice). CILEX members are regulated by CILEx Regulation (CRL).

24. What are a legal professional's core duties of confidentiality and conflict of interest avoidance?

    Confidentiality: keep all client affairs confidential indefinitely, even after the retainer ends, unless disclosure is required by law or consented to. Conflict of interest: do not act where there is a conflict, or significant risk of conflict, between two clients (a 'client conflict') or between the lawyer's own interest and the client's ('own interest conflict'). Integrity, competence and acting in the client's best interests are also fundamental professional standards, and lawyers must comply with anti-money laundering obligations (customer due diligence, reporting suspicious activity to the MLRO/NCA, avoiding tipping off) and the equality duty not to discriminate on protected characteristics under the Equality Act 2010.

What this deck covers

Foundation Stage: Legal Systems, Skills and Professional Conduct flashcards FAQ