Newsletter 35

Monday 13 May 2024

Dear Subscriber,

I hope you had a great weekend. Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.

Question: The composition of the House of Lords, with its mix of appointed and hereditary members, has long been a subject of debate regarding its democratic legitimacy. Despite efforts at reform, the fundamental character of the Lords remains unchanged. Which significant reform measure was enacted by the House of Lords Act 1999?

1. The introduction of 26 elected members to represent regional constituencies
2. The removal of the automatic right of hereditary peers to sit in the House of Lords
3. The establishment of a fully elected second chamber
4. The appointment of life peers by the Monarch without the advice of the Prime Minister
5. The expansion of the Lords to include members of the European Parliament

Study Material: Revise constitutional law by watching the dedicated lecture linked here. If you are looking for reading material on this topic, I recommend the ReviseSQE title you can find here.

Special Offer: We are celebrating passing 200 subscribers by offering a special discount to Practice Works AI-led learning support for SQE1. Visit https://www.practiceworks.io/sqe-prep and use IOANNIS20 for 20% off any paid plan (available only for the first 30 people who use it!). Terms & Conditions apply.

Answer and feedback to last week’s question: Alice and Bob are involved in a civil dispute over a breach of contract regarding the sale of a rare antique vase. Despite attempts at negotiation and mediation, they have been unable to reach a settlement. As a result, Alice decides to file a claim against Bob in the civil court to seek monetary compensation for the breach. What is the primary function of the civil court in resolving disputes like the one between Alice and Bob?

1. To actively investigate and gather evidence on behalf of the parties involved
2. To primarily rely on adversarial proceedings where the judge investigates and gathers evidence
3. To resolve disputes through informal discussions and mediation
4. To compel parties to accept settlement offers made by the opposing party
5. To provide a fair and impartial forum for parties to present evidence and arguments, leading to a judgment

Correct Answer: 5. To provide a fair and impartial forum for parties to present evidence and arguments, leading to a judgment. Feedback: The primary function of the civil court in resolving disputes like the one between Alice and Bob is to provide a fair and impartial forum for the parties to present their evidence and arguments. Unlike inquisitorial systems where the judge actively investigates and gathers evidence, the English civil court system relies on adversarial proceedings. In these proceedings, the parties are responsible for producing evidence to support their claims and counterclaims. The judge evaluates the evidence presented by both parties and makes a decision based on the merits of the case. This process ensures that each party has an opportunity to present their case and that the judge’s decision is based on the evidence and arguments presented during the trial.

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You will hear from me again soon.

All the best

Dr Ioannis Glinavos