A Flaw in Book 1!

[FawkesthePhoenix]

"I've tried a few simple spells myself, and they've all worked for me."

how could hermione try spells before going to hogwarts? she's a muggle-born, so the ministry would know if she tried to do magic when she's at home!

[DucksRMagical]

Maybe she tried them on the train?

[Scellanis]

Maybe she tried them in diagon alley when buying the books but I always assumed that before they got enrolled in Hogwarts the kids were 'allowed' to do magic because to get enrolled in Hogwarts they have to be magical and that means accidents like Harry setting the snake free and untill the get to Hogwarts they don't know how to control it unless perhaps if they are in a wizarding family and the parents teach it so I doubt the ministry would be on the door step of every new Hogwarts student banning them from ever being a wizard each time they used magic before they got to Hogwarts. Likely she never tried anything major, they'd probably make a fuss about something major but I doubt a new first year could on purpose do major works of magic.

[Simatra]

Well, and also you have to take in the fact that the kids don't yet know that they're not supposed to do magic.
And yes, what Scellanis said about acidents leads up to a good point.... How come when Marge went all ballon-like, Harry *cough*would have normally got a warning... We just don't know all the laws of the Wizarding world.

[Run Away!!!]

DD explains to Harry somewhere that they know where magic is cast, but don't they can't actually pinpoint who cast it. They knew when Harry did underage magic because he's the only wizard in Privet drive, but if somebody like Ron does underage magic than the ministry would probably never know, its up to the parents like mr and mrs weasley to punish their own children and keep them under control.
But then of course, Hermione comes from a muggle family so they probably would know if she did it at home, but then she wouldn't know any spells until she got the textbooks from Diagon Alley and knowing her she'd probably want to try them out straight away so they wouldn't know if she was surrounded by wizards.
And on a last note, I can't imagine Hermione not knowing a major law of the wizarding world, even before she started hogwarts.

[Phoenix in the Ashes]

As you say, they know where magic is cast, but can't pinpoint who cast it.

My question is when does a young witch or wizard go on record? For example, if Hermione had been using magic before she got her letter, the Ministry would surely have known about it, but would she be recorded as a witch yet?

Are there lists of the names of witches and wizards, automatically added to when they are born? Surely not, becaue then the Longbottom's wouldn't have worried about Neville becoming a squib, knowing that he was a wizard (that point dependent of course as to whether a said list would be avaliable to the wizarding public).

So if Hermione did magic before she got her letter, the Ministry would know that it occured, but not who by, and on their records would find no witch or wizard living there, therefore... she couldn't get in trouble.

That's an option, but let me put it clearer, the way I see it there are 3 options:

1. From birth, all witches and wizards are identified and their names etc. are recorded in a Ministry database somehow.

2. From their first use of magic, all witches and wizards are identified and their names etc. are recorded in a Ministry database somehow.

3. From the moment they receive their letter form Hogwarts, all witches and wizards are identified and their names etc. are recorded in a Ministry database somehow.

Pick your favourite.

Mine's 2. Seems to be the most appropriate. As for muggle-borns, allowances would be made. They can't do too much and it wouldn't be a major problem.

[DucksRMagical]

But it said she's tried a few simple spells. Surely that must have been after she got her letter and school books. Before that, she would not have known of any spells.

[Run Away!!!]

Exactly. I just don't think they expect students to do any really major spells until they get to hogwarts, and then after they get to hogwarts and learn some spells and learn the rules, then they really start applying the rules.

[Phoenix in the Ashes]

Didn't they get a letter right at the end of first year telling them the rules. And the students going home for Christmas I imagine too. Until they've been to Hogwarts it won't matter.

[Simatra]

Well it could be that or,.... anoother wizard lives in the area. It's a possible explaination. Though I kind of wonder what those simple spells were....?

[FawkesthePhoenix]

one's obviously repairo, seeing as she fixed harry's glasses.

[Simatra]

Ahh,... but in the movie she says "oculus repairer", but in the 2ed movie she fixes his glasses either by saying repairo or just waving her wand. In the books, Herminone dosen't fix Harry's glasses in the 2ed book.(I'm not sure if she even dase in the first)

[Scellanis]

Nope, she never fixes his glasses, I think she does repair a bowl or something in fourth year or later, can't really remember but the glasses were repaired by mr weasley I think.

[Phoenix in the Ashes]

Reparo wasn't used that often until later on. All I can remember about Hermione casting charms on Harry's glasses is when she did that spell to make them water resistant or whatever.

And later on of course, he could repair his own glasses if they got broken, instead of relying on her to do it. So it really would only come up at all in the early books... and as far as I recall, it didn't.

[Alexandra]

About that, in second movie she repairs his glasses outside the bookstore although they are still on holiday. Would Hermione ever do that?
When they are born witches/wizards are signed in register, it's one thing I am sure about. I don't think the Ministry pays much attention on accidental magic but they know where it's performed and by whom.