LPC JURISPRUDENCE STUDY GUIDE – 2026/2027 SYLLABUS
PART 1: THE ENGLISH LEGAL SYSTEM & SOURCES OF LAW
1. What is the primary distinction between common law and equity, and how are
they administered today?
ANSWER ✓ Common law refers to the body of law developed by judges through
decisions in courts, based on precedent. Equity is a supplementary system of justice
developed by the Court of Chancery to provide remedies (e.g., specific performance,
injunctions) where common law was inadequate or rigid. Since the Judicature Acts 1873-
75, both systems are administered concurrently in all courts, with equity prevailing in
case of conflict.
2. Define the doctrine of judicial precedent (stare decisis).
ANSWER ✓ Stare decisis means "to stand by things decided." It is the principle that
courts are bound by the decisions of courts higher in the hierarchy and, generally, by
their own previous decisions. This ensures consistency, predictability, and fairness in the
law.
3. What is the difference between a binding precedent and a persuasive
precedent?
ANSWER ✓ A binding precedent must be followed by a lower court in the same
hierarchy (e.g., the Supreme Court binds the Court of Appeal). A persuasive precedent is
one which a court may consider and choose to follow but is not obliged to (e.g.,
decisions from courts in other jurisdictions, like the Commonwealth, or obiter dicta
comments).
4. Explain what is meant by the ratio decidendi of a case.
ANSWER ✓ The ratio decidendi is the "reason for the decision." It is the legal principle
necessary to the judgment, which forms the binding part of the precedent. It must be
distinguished from obiter dicta ("things said by the way"), which are persuasive but not
binding.
5. How can a court avoid following a precedent that would otherwise be binding?
ANSWER ✓ A court can avoid a binding precedent by: 1) Distinguishing the facts of the
current case from the precedent case; 2) Overruling (for a superior court) the precedent
in a later, different case; 3) Reversing a decision on appeal in the same case; or 4)
Finding the precedent was made per incuriam (in ignorance of a relevant law).
,6. What is the effect of a Practice Statement?
ANSWER ✓ The Practice Statement 1966 allows the UK Supreme Court (and formerly the
House of Lords) to depart from its own previous decisions "when it appears right to do
so." This provides flexibility to adapt the law to changing social conditions, but it is used
sparingly to maintain legal certainty.
7. Describe the key stages of the Parliamentary law-making process for an Act of
Parliament (Statute).
ANSWER ✓ The main stages are: 1) First Reading (formal introduction); 2) Second
Reading (debate on principle); 3) Committee Stage (detailed scrutiny, often by a Public
Bill Committee); 4) Report Stage (further amendment consideration); 5) Third
Reading (final vote on the bill); 6) The same process is then repeated in the other
House; 7) Royal Assent (formally becomes an Act).
8. What is delegated legislation and why is it used?
ANSWER ✓ Delegated legislation is law made by a body (e.g., a Minister, local authority)
under powers granted by an Act of Parliament (the parent/enabling Act). It is used due
to: lack of Parliamentary time, technical detail, need for expert input, flexibility to amend
quickly, and to deal with urgent or local matters.
9. List three types of delegated legislation.
ANSWER ✓ 1) Statutory Instruments (most common, made by government ministers).
2) By-laws (made by local authorities or public corporations). 3) Orders in
Council (made by the Privy Council, often in emergencies).
10. How is delegated legislation controlled by Parliament?
ANSWER ✓ Control methods include: 1) The Affirmative Resolution Procedure (must
be approved by Parliament); 2) The Negative Resolution Procedure (becomes law
unless annulled within 40 days); 3) Scrutiny by the Joint Select Committee on
Statutory Instruments, which reviews technical and procedural issues.
11. How can the courts control delegated legislation?
ANSWER ✓ Through judicial review. The courts can declare delegated legislation ultra
vires (beyond the powers granted by the parent Act) on grounds of procedural ultra
vires (failure to follow required procedure) or substantive ultra vires (content exceeds
the granted power).
12. What is the distinction between mandatory and directory procedural
requirements?
ANSWER ✓ A mandatory requirement is one that must be strictly complied with for the
legislation/action to be valid. A directory requirement is one where substantial
, compliance is sufficient, and non-compliance does not necessarily invalidate the
outcome, unless prejudice is caused.
13. What is the principle of statutory interpretation known as the literal rule?
ANSWER ✓ The literal rule requires judges to give words in a statute their plain,
ordinary, and grammatical meaning, regardless of the perceived result. It prioritises
certainty and Parliamentary sovereignty but can lead to absurd or unjust outcomes
(Fisher v Bell).
14. What is the golden rule of statutory interpretation?
ANSWER ✓ The golden rule is a modification of the literal rule. It states that if the literal
interpretation leads to an absurdity, repugnancy, or inconsistency, the judge may depart
from the literal meaning to avoid such an outcome (Re Sigsworth).
15. Describe the mischief rule as set out in Heydon's Case (1584).
ANSWER ✓ The mischief rule requires the court to consider: 1) What was the common
law before the Act? 2) What was the mischief (problem/defect) the common law did not
provide for? 3) What was Parliament's remedy for that mischief? 4) What was the true
reason for the remedy? The court then interprets the Act to suppress the mischief and
advance the remedy (Smith v Hughes).
16. What is the purposive approach to statutory interpretation?
ANSWER ✓ The purposive approach goes beyond the mischief rule. It requires the court
to look at the overall purpose or "spirit" of the legislation and interpret the words in a
way that gives effect to that purpose. It is now the dominant approach, especially for
EU-derived law and human rights issues.
17. What is the significance of Pepper v Hart [1993] in statutory interpretation?
ANSWER ✓ Pepper v Hart established that, where legislation is ambiguous or obscure or
leads to an absurdity, judges may refer to Hansard (Parliamentary debates) to ascertain
the intention of Parliament, but only where the Minister's statement is clear.
18. What are the three main rules of language used in statutory interpretation?
ANSWER ✓ 1) Ejusdem generis ("of the same kind"): where a list of specific words is
followed by general words, the general words are limited to things of the same type as
the specifics. 2) Expressio unius est exclusio alterius ("the mention of one thing
excludes others"). 3) Noscitur a sociis ("a word is known by the company it keeps"):
words must be interpreted in the context of surrounding words.
19. Define what is meant by an "institution" of the European Union.
ANSWER ✓ An EU institution is a body endowed with the authority to carry out the tasks
of the EU. The seven main institutions are: the European Parliament, the European
PART 1: THE ENGLISH LEGAL SYSTEM & SOURCES OF LAW
1. What is the primary distinction between common law and equity, and how are
they administered today?
ANSWER ✓ Common law refers to the body of law developed by judges through
decisions in courts, based on precedent. Equity is a supplementary system of justice
developed by the Court of Chancery to provide remedies (e.g., specific performance,
injunctions) where common law was inadequate or rigid. Since the Judicature Acts 1873-
75, both systems are administered concurrently in all courts, with equity prevailing in
case of conflict.
2. Define the doctrine of judicial precedent (stare decisis).
ANSWER ✓ Stare decisis means "to stand by things decided." It is the principle that
courts are bound by the decisions of courts higher in the hierarchy and, generally, by
their own previous decisions. This ensures consistency, predictability, and fairness in the
law.
3. What is the difference between a binding precedent and a persuasive
precedent?
ANSWER ✓ A binding precedent must be followed by a lower court in the same
hierarchy (e.g., the Supreme Court binds the Court of Appeal). A persuasive precedent is
one which a court may consider and choose to follow but is not obliged to (e.g.,
decisions from courts in other jurisdictions, like the Commonwealth, or obiter dicta
comments).
4. Explain what is meant by the ratio decidendi of a case.
ANSWER ✓ The ratio decidendi is the "reason for the decision." It is the legal principle
necessary to the judgment, which forms the binding part of the precedent. It must be
distinguished from obiter dicta ("things said by the way"), which are persuasive but not
binding.
5. How can a court avoid following a precedent that would otherwise be binding?
ANSWER ✓ A court can avoid a binding precedent by: 1) Distinguishing the facts of the
current case from the precedent case; 2) Overruling (for a superior court) the precedent
in a later, different case; 3) Reversing a decision on appeal in the same case; or 4)
Finding the precedent was made per incuriam (in ignorance of a relevant law).
,6. What is the effect of a Practice Statement?
ANSWER ✓ The Practice Statement 1966 allows the UK Supreme Court (and formerly the
House of Lords) to depart from its own previous decisions "when it appears right to do
so." This provides flexibility to adapt the law to changing social conditions, but it is used
sparingly to maintain legal certainty.
7. Describe the key stages of the Parliamentary law-making process for an Act of
Parliament (Statute).
ANSWER ✓ The main stages are: 1) First Reading (formal introduction); 2) Second
Reading (debate on principle); 3) Committee Stage (detailed scrutiny, often by a Public
Bill Committee); 4) Report Stage (further amendment consideration); 5) Third
Reading (final vote on the bill); 6) The same process is then repeated in the other
House; 7) Royal Assent (formally becomes an Act).
8. What is delegated legislation and why is it used?
ANSWER ✓ Delegated legislation is law made by a body (e.g., a Minister, local authority)
under powers granted by an Act of Parliament (the parent/enabling Act). It is used due
to: lack of Parliamentary time, technical detail, need for expert input, flexibility to amend
quickly, and to deal with urgent or local matters.
9. List three types of delegated legislation.
ANSWER ✓ 1) Statutory Instruments (most common, made by government ministers).
2) By-laws (made by local authorities or public corporations). 3) Orders in
Council (made by the Privy Council, often in emergencies).
10. How is delegated legislation controlled by Parliament?
ANSWER ✓ Control methods include: 1) The Affirmative Resolution Procedure (must
be approved by Parliament); 2) The Negative Resolution Procedure (becomes law
unless annulled within 40 days); 3) Scrutiny by the Joint Select Committee on
Statutory Instruments, which reviews technical and procedural issues.
11. How can the courts control delegated legislation?
ANSWER ✓ Through judicial review. The courts can declare delegated legislation ultra
vires (beyond the powers granted by the parent Act) on grounds of procedural ultra
vires (failure to follow required procedure) or substantive ultra vires (content exceeds
the granted power).
12. What is the distinction between mandatory and directory procedural
requirements?
ANSWER ✓ A mandatory requirement is one that must be strictly complied with for the
legislation/action to be valid. A directory requirement is one where substantial
, compliance is sufficient, and non-compliance does not necessarily invalidate the
outcome, unless prejudice is caused.
13. What is the principle of statutory interpretation known as the literal rule?
ANSWER ✓ The literal rule requires judges to give words in a statute their plain,
ordinary, and grammatical meaning, regardless of the perceived result. It prioritises
certainty and Parliamentary sovereignty but can lead to absurd or unjust outcomes
(Fisher v Bell).
14. What is the golden rule of statutory interpretation?
ANSWER ✓ The golden rule is a modification of the literal rule. It states that if the literal
interpretation leads to an absurdity, repugnancy, or inconsistency, the judge may depart
from the literal meaning to avoid such an outcome (Re Sigsworth).
15. Describe the mischief rule as set out in Heydon's Case (1584).
ANSWER ✓ The mischief rule requires the court to consider: 1) What was the common
law before the Act? 2) What was the mischief (problem/defect) the common law did not
provide for? 3) What was Parliament's remedy for that mischief? 4) What was the true
reason for the remedy? The court then interprets the Act to suppress the mischief and
advance the remedy (Smith v Hughes).
16. What is the purposive approach to statutory interpretation?
ANSWER ✓ The purposive approach goes beyond the mischief rule. It requires the court
to look at the overall purpose or "spirit" of the legislation and interpret the words in a
way that gives effect to that purpose. It is now the dominant approach, especially for
EU-derived law and human rights issues.
17. What is the significance of Pepper v Hart [1993] in statutory interpretation?
ANSWER ✓ Pepper v Hart established that, where legislation is ambiguous or obscure or
leads to an absurdity, judges may refer to Hansard (Parliamentary debates) to ascertain
the intention of Parliament, but only where the Minister's statement is clear.
18. What are the three main rules of language used in statutory interpretation?
ANSWER ✓ 1) Ejusdem generis ("of the same kind"): where a list of specific words is
followed by general words, the general words are limited to things of the same type as
the specifics. 2) Expressio unius est exclusio alterius ("the mention of one thing
excludes others"). 3) Noscitur a sociis ("a word is known by the company it keeps"):
words must be interpreted in the context of surrounding words.
19. Define what is meant by an "institution" of the European Union.
ANSWER ✓ An EU institution is a body endowed with the authority to carry out the tasks
of the EU. The seven main institutions are: the European Parliament, the European
