ACCA F4: Ch 1 - English Legal System
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Is the following refering to Court or Tribunal: - Case will be heard by someone who has expertise in that area. - A much quicker process. - Legal aid is not available (except for land and employment) but can be a much cheaper procedure - Much less formal and can be less intimidating - Not bound by the doctrine of judicial precedent, therefore risk of making inconsistent decisions.
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Court
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Tribunal
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The English legal system is made up of different courts. The decisions made by courts in any situation stand when a similar case is bought forward. How well do you the different courts that exist in England and wales? Take up the quiz below to find out. All the best!
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- 2.
Statute interpretation: "Words must be given their ordinary dictionary meaning, even if this produces an undesirable outcome." Which rule is this?
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Literal rule
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Goldern rule
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Mischief rule
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Purposive Rule
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Eiusdem generis
Correct Answer
A. Literal ruleExplanation
The given explanation is in line with the Literal rule. The Literal rule states that words in a statute should be given their ordinary dictionary meaning, even if the outcome is undesirable. This means that the court must interpret the law based on the literal meaning of the words used, without considering any underlying intentions or purposes. The focus is solely on the plain and ordinary meaning of the words themselves.Rate this question:
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- 3.
In order to become an Act of Parliament, a Bill must go through a number of stages in both Houses: At the end of this process in both Houses, the Bill must receive the _____ ______.
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First reading
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Second reading
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Committee stage
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Report stage
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Third reading
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Royal Assent
Correct Answer
A. Royal AssentExplanation
After going through various stages in both Houses of Parliament, a Bill must receive Royal Assent in order to become an Act. Royal Assent is the formal approval given by the monarch, signifying that the Bill has been passed by both Houses and can now become law. This is the final step in the legislative process, and without Royal Assent, the Bill cannot become an Act of Parliament.Rate this question:
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- 4.
To which English criminal court does this despcription refer: "Five justices of XXXX hear appeals from the Court of Appeals and exceptionally from High Court"
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Supreme Court
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Court of Appeal
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Crown Court
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High Court
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Magistrates' Court
Correct Answer
A. Supreme CourtExplanation
This description refers to the Supreme Court. The Supreme Court is the highest court in the English legal system and is composed of five justices. They hear appeals from the Court of Appeals and, in exceptional cases, from the High Court.Rate this question:
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- 5.
Expressio unius exclusio alterius means: "Where a statute seeks to establish a list of what is covered by its provisions, then anything not expressly included in that list is specifically excluded."
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True
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False
Correct Answer
A. TrueExplanation
Expressio unius exclusio alterius is a Latin legal principle that means "the expression of one thing is the exclusion of another." This principle is used in statutory interpretation to determine the scope and meaning of a law. If a statute explicitly lists what is covered by its provisions, then anything not mentioned in that list is considered to be intentionally excluded. Therefore, the correct answer is true.Rate this question:
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- 6.
Is the following refering to Court or Tribunal:
- Case may not be heard by a specialist in that particular area of law.
- A slower process.
- Legal aid maybe available, but if not can be an expensive process
- Strict rules relating to evidence, pleading and procedure.
- Are bound by the doctrine of judicial precedent, therefore make consistent decisions.
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Court
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Tribunal
Correct Answer
A. CourtExplanation
The given answer "Court" is correct because the characteristics mentioned in the question are typically associated with courts rather than tribunals. Courts often handle cases that require specialized knowledge, have a slower process, can be expensive without legal aid, have strict rules regarding evidence and procedure, and are bound by the doctrine of judicial precedent to ensure consistent decisions. Tribunals, on the other hand, are often designed to be more accessible, informal, and specialized in specific areas of law.Rate this question:
- 7.
Delegated legislation has a number of disadvantages:
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Its volume and lack of publicity means that it can be difficult to keep up with the changes introduced.
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It is criticised as being undemocratic as it is made without recourse to the elected House of Commons.
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It saves Parliamentary time
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It may benefit from access to technical expertise, thus leaving Parliament free to consider and debate the underlying principles.
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Flexibility – it is quick and easy to make and to change.
Correct Answer(s)
A. Its volume and lack of publicity means that it can be difficult to keep up with the changes introduced.
A. It is criticised as being undemocratic as it is made without recourse to the elected House of Commons.Explanation
Delegated legislation can be difficult to keep up with due to its large volume and lack of publicity. This means that individuals may struggle to stay informed about the changes that are being introduced. Additionally, it is criticized for being undemocratic as it is made without involving the elected House of Commons.Rate this question:
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- 8.
To which English civil court does this despcription refer: "Five Law Lords hear appeals from Cort of Appeal and exceptionally from High Court"
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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Magistrates' Court
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. Supreme CourtExplanation
This description refers to the Supreme Court. The Supreme Court is the highest court in the English civil court system. It consists of five Law Lords who hear appeals from the Court of Appeal and, in exceptional cases, from the High Court. The Supreme Court is the final court of appeal in the UK for civil cases, and its decisions are binding on all other courts.Rate this question:
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- 9.
Statute interpretation: Used to interpret a statute in a way which provides a remedy for the mischief the statute was enacted to prevent. Which rule is this?
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Literal rule
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Goldern rule
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Mischief rule
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Purposive Rule
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Eiusdem generis
Correct Answer
A. Mischief ruleExplanation
The correct answer is the Mischief rule. The Mischief rule is used to interpret a statute in a way that provides a remedy for the mischief or problem that the statute was enacted to prevent. It focuses on the intention of the lawmakers and aims to give effect to the purpose of the statute. This rule allows the court to go beyond the literal interpretation of the words and consider the underlying purpose and intention of the law.Rate this question:
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- 10.
Delegated legislation has a number of advantages:
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It saves Parliamentary time.
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It may benefit from access to technical expertise, thus leaving Parliament free to consider and debate the underlying principles.
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Flexibility – it is quick and easy to make and to change.
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Its volume and lack of publicity means that it can be difficult to keep up with the changes introduced.
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It is criticised as being undemocratic as it is made without recourse to the elected House of Commons.
Correct Answer(s)
A. It saves Parliamentary time.
A. It may benefit from access to technical expertise, thus leaving Parliament free to consider and debate the underlying principles.
A. Flexibility – it is quick and easy to make and to change.Explanation
Delegated legislation saves Parliamentary time by allowing the government to make laws without the need for extensive debate and discussion in Parliament. It also benefits from access to technical expertise, as experts in specific fields can be involved in the drafting of legislation, freeing up Parliament to focus on the broader principles and policy considerations. Additionally, delegated legislation offers flexibility as it can be quickly and easily amended or revoked when necessary. However, its high volume and lack of publicity can make it challenging for the public to keep up with the changes introduced. Critics argue that delegated legislation is undemocratic as it bypasses the elected House of Commons.Rate this question:
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- 11.
Statute interpretation: Where the Literal rule gives more than one meaning or provides an absurd result, xxxxx rule is used to ensure that preference is given to the meaning that does not result in the provision being an absurdity. WHich rule is this?
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Literal rule
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Goldern rule
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Mischief rule
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Purposive Rule
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Eiusdem generis
Correct Answer
A. Goldern ruleExplanation
The given correct answer is "Golden rule." The Golden rule is used in statute interpretation to ensure that preference is given to the meaning that does not result in the provision being an absurdity. It is applied when the Literal rule provides more than one meaning or leads to an absurd result. The Golden rule helps to avoid unreasonable or illogical interpretations of statutes.Rate this question:
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- 12.
Which court binds all lower courts. from 1966 does not bind itself.
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Supreme Court
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Court of Appeal
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High Court
Correct Answer
A. Supreme CourtExplanation
The Supreme Court is the highest court in the judicial system and has the power to make decisions that are binding on all lower courts. This means that the decisions made by the Supreme Court must be followed by lower courts, but the Supreme Court itself is not bound by its own previous decisions made after 1966.Rate this question:
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- 13.
To which English civil court does this despcription refer: "First instance civil claims in contract, tort, landlord and tenant, probate and insolvency. One district judge hears small claims. The hearing is informal and no costs are awarded. One circuit judge hears most fast-track, and some multitrack, cases"
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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Magistrates' Court
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. County CourtExplanation
The description provided refers to the County Court. This court handles first instance civil claims in various areas such as contract, tort, landlord and tenant, probate, and insolvency. Small claims are heard by one district judge in an informal setting with no costs awarded. Fast-track and some multitrack cases are heard by one circuit judge.Rate this question:
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- 14.
In order to become an Act of Parliament, a Bill must go through a number of stages in both Houses: ______ _______ : the name of the Bill and the its proposer is read out
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First reading
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Second reading
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Committee stage
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Report stage
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Third reading
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Royal Assent
Correct Answer
A. First readingExplanation
During the first reading of a Bill, the name of the Bill and its proposer are read out. This stage is mainly a formal introduction of the Bill to the House, where no debate or voting takes place. It allows Members of Parliament to be aware of the Bill's existence and its general content. The first reading is an essential step in the legislative process as it marks the beginning of the Bill's journey through Parliament.Rate this question:
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- 15.
In order to become an Act of Parliament, a Bill must go through a number of stages in both Houses: _____ _____: the Bill is read for the final time
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First reading
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Second reading
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Committee stage
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Report stage
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Third reading
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Royal Assent
Correct Answer
A. Third readingExplanation
The third reading is the final stage that a bill must go through in order to become an Act of Parliament. At this stage, the bill is read for the final time and any further amendments or changes to the bill can be made. After the third reading, the bill will proceed to receive the Royal Assent, which is the final step in the legislative process.Rate this question:
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- 16.
Delegated legislation is made on behalf of Parliament. _______ made by local authorities
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Statutory instruments
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Bye-laws
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Orders in Council
Correct Answer
A. Bye-lawsExplanation
Delegated legislation refers to laws made by a body or person other than Parliament, but on its behalf. In this context, bye-laws are a form of delegated legislation made by local authorities. Bye-laws are specific rules and regulations that are enacted by local authorities to govern certain local issues or activities within their jurisdiction. They are typically created to address matters that are not covered by national or general legislation and are enforced at a local level. Therefore, bye-laws are a correct example of delegated legislation made by local authorities.Rate this question:
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- 17.
To which English civil court does this despcription refer: "One high Court judge in first instance. Queen's Bench Division (QBD) hears first instance cases of contract and tort. Chancery Division (ChD) deals with land law, trust, company law, partnership law, insolvency etc. It hears appeals from County courts on probate and insolvency. Family Division hears matrimonial cases"
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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Magistrates' Court
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. High Court of JusticeExplanation
The given description refers to the High Court of Justice. It mentions that the High Court has one high court judge in the first instance and that the Queen's Bench Division hears first instance cases of contract and tort. The Chancery Division deals with various areas of law such as land law, trust, company law, partnership law, and insolvency. The Family Division specifically handles matrimonial cases. Therefore, the High Court of Justice is the correct answer.Rate this question:
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- 18.
Statute interpretation: This is a more modern approach. Here the court is not just looking to see what the gap was in the old law, it is making a decision as to what they felt Parliament meant to achieve. Which rule is this?
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Literal rule
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Goldern rule
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Mischief rule
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Purposive Rule
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Eiusdem generis
Correct Answer
A. Purposive RuleExplanation
The given correct answer is the Purposive Rule. The explanation provided states that the court, when using this approach, goes beyond just identifying gaps in the old law and instead tries to determine what Parliament intended to achieve. This suggests that the court looks at the purpose or objective behind the law when interpreting it.Rate this question:
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- 19.
Delegated legislation is made on behalf of Parliament. ________ ________ made by Government Ministers using powers delegated by Parliament
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Statutory instruments
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Bye-laws
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Orders in Council
Correct Answer
A. Statutory instrumentsExplanation
Delegated legislation refers to laws that are made by Government Ministers using powers delegated by Parliament. Statutory instruments are a type of delegated legislation. They are rules, regulations, or orders that are made by a government minister under the authority of an existing Act of Parliament. Statutory instruments allow the government to make detailed changes to legislation without the need for full parliamentary scrutiny and debate. Therefore, the correct answer for this question is "Statutory instruments".Rate this question:
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- 20.
Delegated legislation is made on behalf of Parliament. ______________________made by the Privy Council in the name of the Monarch on the advice of the Prime Minister.
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Statutory instruments
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Bye-laws
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Orders in Council
Correct Answer
A. Orders in CouncilExplanation
Orders in Council are a form of delegated legislation that are made by the Privy Council in the name of the Monarch on the advice of the Prime Minister. This means that the Privy Council, acting on behalf of Parliament, has the authority to create laws and regulations. Orders in Council are often used for matters that require immediate attention or for implementing government policies. They have the same legal force as Acts of Parliament and are an important tool for the government to make laws without the need for full parliamentary scrutiny.Rate this question:
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- 21.
To which English civil court does this despcription refer: "Three Lord Justices of Appeal hear appeals from the High Court and County courts"
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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Magistrates' Court
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. Court of AppealExplanation
The correct answer is Court of Appeal. The description states that three Lord Justices of Appeal hear appeals from the High Court and County courts, which matches the role and function of the Court of Appeal in the English civil court system. The Court of Appeal is the second-highest court in England and Wales, and it primarily handles appeals from lower courts, providing a higher level of review and judgment.Rate this question:
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- 22.
What is Convention law?
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Convention law means the Convention and the decisions of the European Court of Human Rights.
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Convention law means the Convention and the decisions of the European Court of Appeal.
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Convention law means the Convention and the decisions of the Supreme Court.
Correct Answer
A. Convention law means the Convention and the decisions of the European Court of Human Rights.Explanation
Convention law refers to the legal framework established by the Convention and the decisions made by the European Court of Human Rights. This means that Convention law encompasses the principles, rules, and standards set forth in the Convention, as well as the interpretations and judgments made by the European Court of Human Rights in relation to the Convention. It is important to note that Convention law specifically pertains to the European Court of Human Rights and not other courts such as the European Court of Appeal or the Supreme Court.Rate this question:
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- 23.
To which English civil court does this despcription refer: "Deals with actions between the EU institutions and the member states Is the ultimate authority on the interpretation of European Law. Is superior to the House of Lords. Case refered to this court by national courts"
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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Magistrates' Court
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. European Court of JusticeExplanation
The description refers to the European Court of Justice because it deals with actions between the EU institutions and member states, is the ultimate authority on the interpretation of European Law, is superior to the House of Lords, and cases can be referred to this court by national courts.Rate this question:
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- 24.
Appeals are to the employment appeal tribunal (EAT) and can only be made on a point of law. The EAT is composed of one High Court judge, plus two or four expert laymen.
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True
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False
Correct Answer
A. TrueExplanation
The explanation for the correct answer, which is True, is that appeals to the employment appeal tribunal (EAT) can only be made on a point of law. The EAT consists of one High Court judge and two or four expert laymen.Rate this question:
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- 25.
In order to become an Act of Parliament, a Bill must go through a number of stages in both Houses: _________ ______: a smaller number of MP's consider the wording of the Bill. This stage can last several months depending on the contentiousness of the Bill
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First reading
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Second reading
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Committee stage
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Report stage
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Third reading
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Royal Assent
Correct Answer
A. Committee stageExplanation
During the Committee stage, a smaller number of MPs carefully examine and discuss the specific wording and details of the Bill. This stage can take a significant amount of time, especially if the Bill is controversial or contentious. MPs have the opportunity to propose amendments, debate the provisions of the Bill, and make changes to improve its content. The Committee stage allows for a thorough examination of the Bill before it progresses further in the legislative process.Rate this question:
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- 26.
The ratio decidendi is the _____ reason for the decision the legal reason for the decis
Correct Answer
legalExplanation
The correct answer is "legal" because the ratio decidendi refers to the legal reasoning or legal principle that forms the basis of a court's decision. It is the essential part of a court's decision that sets a precedent for future cases. The ratio decidendi is the legal justification or rationale that explains why the court arrived at its decision.Rate this question:
- 27.
To which English criminal court does this despcription refer: "Court of first instance. Deals with Criminal cases in various ways: - Summary offences - decides whether defendant is guilty of the offence and imposes the penalty - Indictable offences where there is to be trial by jury. WIll conduct committal proceedings to make sure the defendant has a case to answer.
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Supreme Court
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Crown Court
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High Court
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Court of Appeal
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Magistrates' Court
Correct Answer
A. Magistrates' CourtExplanation
The description refers to the Magistrates' Court. This court is the court of first instance and deals with criminal cases in various ways. For summary offences, it determines whether the defendant is guilty and imposes the penalty. For indictable offences, it conducts committal proceedings to ensure that the defendant has a case to answer before a trial by jury.Rate this question:
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- 28.
In order to become an Act of Parliament, a Bill must go through a number of stages in both Houses: ______ _____: the Bill as amended by the Committee is reported back to the full House
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First reading
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Second reading
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Committee stage
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Report stage
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Third reading
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Royal Assent
Correct Answer
A. Report stageExplanation
The report stage is the stage in which the Bill, after being amended by the Committee, is reported back to the full House. This allows all members of the House to review the amendments made and discuss any further changes or concerns. It is an important stage in the legislative process as it ensures transparency and accountability before the Bill moves on to the final reading and potential enactment.Rate this question:
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- 29.
The disadvantages of judicial precedent :
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Reaching decisions as a result of the doctrine of precedent makes the system consistent. It becomes easier to predict the result of litigation
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It allows the English legal system to be flexible. Decisions can be adapted and extended to reflect changes in society
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The law is clear. As it is only the ratio decidendi that is followed it is easy to see what law is being applied
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Decisions arise from actual events, therefore the system is practical
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The law is very complex because there is a vast number of cases, and inconsistencies can arise. The same judgement may contain differing, and even conflicting, arguments making the precedent hard to understand and even harder to apply
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The law can become rigid, leading to inflexibility and loss of development
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Case law is reactive rather than proactive. Rather than dealing with issues in advance and stating the law, a case is considered and a decision made once a particular situation has arisen
Correct Answer(s)
A. The law is very complex because there is a vast number of cases, and inconsistencies can arise. The same judgement may contain differing, and even conflicting, arguments making the precedent hard to understand and even harder to apply
A. The law can become rigid, leading to inflexibility and loss of development
A. Case law is reactive rather than proactive. Rather than dealing with issues in advance and stating the law, a case is considered and a decision made once a particular situation has arisenExplanation
The given answer highlights the disadvantages of judicial precedent. It explains that the law can become complex due to the large number of cases, leading to inconsistencies and conflicting arguments within judgments. This complexity makes it difficult to understand and apply precedent. Additionally, the answer mentions that the law can become rigid, lacking flexibility and hindering development. It also points out that case law is reactive, as decisions are made in response to specific situations rather than proactively addressing issues in advance.Rate this question:
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- 30.
Parliament consists of the House of Commons, the House of Lords and the _______
Correct Answer(s)
MonarchExplanation
Parliament consists of the House of Commons, the House of Lords, and the Monarch. The Monarch is an essential part of the parliamentary system in countries like the United Kingdom. While the House of Commons represents the elected members of Parliament and the House of Lords represents appointed and hereditary members, the Monarch represents the head of state. The Monarch's role in Parliament includes granting royal assent to legislation, giving speeches during the State Opening of Parliament, and providing guidance and advice to the government.Rate this question:
- 31.
To which English civil court does this despcription refer: "Jurisdiction is mainly criminal but does have civil jurisdiction in family matters such as contact orders, adoption, and maintenance. There are also powers of recovery of council tax arrears and charges for water, gas and electricity."
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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Magistrates' Court
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. Magistrates' CourtExplanation
The Magistrates' Court is the correct answer because it has mainly criminal jurisdiction but also has civil jurisdiction in family matters such as contact orders, adoption, and maintenance. Additionally, it has powers to recover council tax arrears and charges for water, gas, and electricity.Rate this question:
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- 32.
To which English civil court does this despcription refer: "The final court of appeal in relation to matters concerning HRA 1998. Proceedings in the English court must have been exhausted before they will hear the case"
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Supreme Court
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Court of Appeal
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County Court
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High Court of Justice
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European Court of Justice
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European Court of Human Rights
Correct Answer
A. European Court of Human RightsExplanation
The given description states that the court being referred to is the final court of appeal for matters concerning the HRA 1998 (Human Rights Act 1998). It also mentions that proceedings in the English court must have been exhausted before the case can be heard by this court. The European Court of Human Rights is the correct answer because it is the final court of appeal for human rights matters and it requires exhaustion of domestic remedies before hearing a case.Rate this question:
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- 33.
To which English criminal court does this despcription refer: "Presided over by judge whose role is to decide questions of law and impose punishment, Case will be heard before a jury whose role is to decide questions of fact i.e. whether defendant is guilty of the offence"
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Supreme Court
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Crown Court
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High Court
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Court of Appeal
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Magistrates' Court
Correct Answer
A. Crown CourtExplanation
The given description refers to the Crown Court. In the Crown Court, a judge presides over the proceedings and is responsible for deciding questions of law and imposing punishment. The case is heard before a jury, whose role is to determine questions of fact, such as whether the defendant is guilty of the offense. The Crown Court is the appropriate court for more serious criminal cases that require a jury trial.Rate this question:
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- 34.
Statute interpretation: General words mean the same kind of thing as the specific words they follow. Which rule is this?
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Literal rule
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Goldern rule
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Mischief rule
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Purposive Rule
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Eiusdem generis
Correct Answer
A. Eiusdem generisExplanation
The correct answer is Eiusdem generis. This rule states that general words in a statute are interpreted to mean the same kind of thing as the specific words that come before them. In other words, when there is a list of specific words followed by general words, the general words are limited in meaning to the same category or class as the specific words. This rule helps to ensure that the interpretation of statutes is consistent and avoids any ambiguity.Rate this question:
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- 35.
Which of the following relate to Criminal Law
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Relates to conduct of which the State disapproves and which it seeks to control.
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Purpose - the enforcement of particular forms of behaviour by the State, which acts to ensure compliance.
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The case is brought by the State in the name of the Crown and will be reported as Regina v ..., where Regina means the latin for 'queen'.
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Burden of proof – guilt must be shown beyond reasonable doubt (high standard of proof).
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Object – to regulate society by the threat of punishment.
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If found guilty the court will sentence the accused and it may fine him or impose a period of imprisonment. If innocent the accused will be acquitted.
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Is a form of private law and involves the relationships between individual citizens.
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Purpose - to settle disputes between individuals and to provide remedies.
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The case is brought by the claimant, who is seeking a remedy. The case will be referred to by the names of the parties involved in the dispute, such as Brown v Smith.
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Burden of proof – liability must be shown on the balance of probabilities (lower standard of proof).
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Object – usually financial compensation to put the claimant in the position he would have been in had the wrong not occurred.
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The court will order the defendant to pay damages or it may order some other remedy, e.g. specific performance or injunction.
Correct Answer(s)
A. Relates to conduct of which the State disapproves and which it seeks to control.
A. Purpose - the enforcement of particular forms of behaviour by the State, which acts to ensure compliance.
A. The case is brought by the State in the name of the Crown and will be reported as Regina v ..., where Regina means the latin for 'queen'.
A. Burden of proof – guilt must be shown beyond reasonable doubt (high standard of proof).
A. Object – to regulate society by the threat of punishment.
A. If found guilty the court will sentence the accused and it may fine him or impose a period of imprisonment. If innocent the accused will be acquitted.Explanation
Criminal law relates to conduct that the State disapproves of and seeks to control. Its purpose is to enforce specific forms of behavior by the State, ensuring compliance. The case is brought by the State in the name of the Crown, indicated by the use of "Regina v ..." in the case name. The burden of proof is high, requiring guilt to be shown beyond reasonable doubt. The object of criminal law is to regulate society through the threat of punishment. If found guilty, the court will impose a sentence, such as a fine or imprisonment. If innocent, the accused will be acquitted.Rate this question:
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- 36.
In order to become an Act of Parliament, a Bill must go through a number of stages in both Houses: _______ _______: debate takes place on the principles of the Bill and it is then voted upon
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First reading
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Second reading
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Committee stage
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Report stage
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Third reading
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Royal Assent
Correct Answer
A. Second readingExplanation
The second reading stage is where debate takes place on the principles of the Bill and it is then voted upon. This is an important stage in the legislative process as it allows Members of Parliament to discuss and scrutinize the content of the Bill. The outcome of the vote at the second reading determines whether the Bill will proceed to the next stage or not.Rate this question:
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- 37.
Which court binds all lower courts and itself in civil cases unless earlier decision overruled or is inconsistent with European law.
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Supreme Court
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Court of Appeal
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High Court
Correct Answer
A. Court of AppealExplanation
The Court of Appeal binds all lower courts and itself in civil cases unless an earlier decision is overruled or inconsistent with European law. This means that the decisions made by the Court of Appeal have a binding effect on lower courts and must be followed unless there is a valid reason to depart from them. The Court of Appeal plays a crucial role in establishing legal precedents and ensuring consistency in the application of the law.Rate this question:
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- 38.
Judges will not be bound by a previous interpretation of existing legislation where it did not take into account Convention rights. The European Court of Human Rights bound by its own previous decisions.
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True
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False
Correct Answer
A. FalseExplanation
Note that the ECtHR is free to depart from its own previous decisions.Rate this question:
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- 39.
Name three means of controlling delegated legislation:
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Parliamentary, Judicial, Human Rights Act 1998
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Parliamentary, Judicial, EC Law
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Monarch, Judicial, Human Rights Act 1998
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Parliamentary, EC Law, Human Rights Act 1998
Correct Answer
A. Parliamentary, Judicial, Human Rights Act 1998Explanation
Parliamentary control refers to the power of the Parliament to create, amend, or revoke delegated legislation. Judicial control refers to the power of the courts to interpret and review the legality of delegated legislation. The Human Rights Act 1998 allows individuals to challenge delegated legislation if it violates their human rights. Therefore, the correct answer is Parliamentary, Judicial, Human Rights Act 1998 as all three means provide a way to control delegated legislation.Rate this question:
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- 40.
Employment tribunals are composed of one employment judge, plus one expert layman who is drawn from panels representing the industry.
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True
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False
Correct Answer
A. FalseExplanation
Employment tribunals are composed of one employment judge, plus two expert laymen who are drawn from panels representing both sides of the industry.Rate this question:
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- 41.
Obiter dicta are other ___________ made by the judges
Correct Answer
statementsExplanation
Obiter dicta are other statements made by the judges.Rate this question:
- 42.
Which of the following relate to Equity:
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Developed from local customs
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Introduced the system of precedent
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The only remedy is damages
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May be rigid and inflexible
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Developed as a petition by a party who felt the common law had led to injustice
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It is more flexible than the common law
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It introduced new discretionary remedies, e.g. injunctions and specific performance
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It is concerned with fairness and therefore will not be granted if there is undue delay in bringing the case or if the petitioner has himself acted unfairly, or where there is no mutuality (both parties should be able to bring a case).
Correct Answer(s)
A. Developed as a petition by a party who felt the common law had led to injustice
A. It is more flexible than the common law
A. It introduced new discretionary remedies, e.g. injunctions and specific performance
A. It is concerned with fairness and therefore will not be granted if there is undue delay in bringing the case or if the petitioner has himself acted unfairly, or where there is no mutuality (both parties should be able to bring a case).Explanation
Equity is a legal system that developed as a response to perceived injustices in common law. It was created through petitions by individuals who believed that common law had led to unfair outcomes. Equity is more flexible than common law and introduced new discretionary remedies such as injunctions and specific performance. It is concerned with fairness and will not be granted if there is undue delay in bringing the case, if the petitioner has acted unfairly, or if there is no mutuality between the parties.Rate this question:
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- 43.
A precedent is not binding where it:
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Has been overruled by a higher court
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Has been overruled by statute
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Was made without proper care (per incuriam)
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Can be distinguished from the earlier case, i.e. the material facts differ
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The material facts of the two cases are the same
Correct Answer(s)
A. Has been overruled by a higher court
A. Has been overruled by statute
A. Was made without proper care (per incuriam)
A. Can be distinguished from the earlier case, i.e. the material facts differExplanation
A precedent is not binding when it has been overruled by a higher court, meaning that a court of higher authority has made a decision that contradicts or overturns the previous ruling. It is also not binding if it has been overruled by statute, which means that a law or legislation has been enacted that supersedes or invalidates the previous precedent. Additionally, a precedent is not binding if it was made without proper care, known as per incuriam, indicating that the court made an error or oversight in its decision-making process. Lastly, a precedent is not binding if it can be distinguished from the earlier case, meaning that there are significant differences in the material facts between the two cases.Rate this question:
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- 44.
Advantages of judicial precedent are :
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Reaching decisions as a result of the doctrine of precedent makes the system consistent. It becomes easier to predict the result of litigation
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It allows the English legal system to be flexible. Decisions can be adapted and extended to reflect changes in society
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The law is clear. As it is only the ratio decidendi that is followed it is easy to see what law is being applied
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Decisions arise from actual events, therefore the system is practical
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The law is very complex because there is a vast number of cases, and inconsistencies can arise. The same judgement may contain differing, and even conflicting, arguments making the precedent hard to understand and even harder to apply
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The law can become rigid, leading to inflexibility and loss of development
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Case law is reactive rather than proactive. Rather than dealing with issues in advance and stating the law, a case is considered and a decision made once a particular situation has arisen
Correct Answer(s)
A. Reaching decisions as a result of the doctrine of precedent makes the system consistent. It becomes easier to predict the result of litigation
A. It allows the English legal system to be flexible. Decisions can be adapted and extended to reflect changes in society
A. The law is clear. As it is only the ratio decidendi that is followed it is easy to see what law is being applied
A. Decisions arise from actual events, therefore the system is practicalExplanation
The advantages of judicial precedent include consistency in the legal system, as decisions reached through the doctrine of precedent ensure predictability in litigation outcomes. It also allows for flexibility in the English legal system, as decisions can be adapted and extended to accommodate changes in society. Following the ratio decidendi ensures clarity in the law, making it easy to identify the law being applied. Additionally, decisions are based on actual events, making the system practical. However, the complexity of the law and potential inconsistencies can make it difficult to understand and apply precedents. It can also lead to rigidity and hinder the development of the law, as it is reactive rather than proactive.Rate this question:
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- 45.
Which court is not bound by it's own decisions, but strong pursuasive authority.
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Supreme Court
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Court of Appeal
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High Court
Correct Answer
A. High CourtExplanation
The High Court is not bound by its own decisions but has strong persuasive authority. This means that while the High Court is not legally obligated to follow its own previous decisions, it often takes them into consideration and gives them significant weight when making future decisions. This allows for flexibility and adaptability in the legal system, as the High Court can reassess and potentially change its stance on certain issues based on new evidence or changing societal norms.Rate this question:
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- 46.
Which of the following relate to Common Law
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Developed from local customs
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Introduced the system of precedent
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The only remedy is damages
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May be rigid and inflexible.
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Developed as a petition by a party who felt the common law had led to injustice
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It introduced new discretionary remedies, e.g. injunctions and specific performance
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It is concerned with fairness and therefore will not be granted if there is undue delay in bringing the case or if the petitioner has himself acted unfairly, or where there is no mutuality (both parties should be able to bring a case).
Correct Answer(s)
A. Developed from local customs
A. Introduced the system of precedent
A. The only remedy is damages
A. May be rigid and inflexible.Explanation
Common Law is a legal system that developed from local customs and introduced the system of precedent. It is characterized by the fact that the only remedy available is damages, and it can be rigid and inflexible in its application. It was not developed as a petition by a party who felt the common law had led to injustice. Additionally, it introduced new discretionary remedies such as injunctions and specific performance. Common Law is concerned with fairness and will not be granted if there is undue delay, unfair actions by the petitioner, or lack of mutuality.Rate this question:
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- 47.
To which English criminal court does this description refer: "Three judges preside. Hears appeals from Magistrates Court on points of law. Appeals go directly to the Supreme Court"
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Supreme Court
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Crown Court
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High Court
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Court of Appeal
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Magistrates' Court
Correct Answer
A. High CourtExplanation
The description refers to the Court of Appeal. It is the English criminal court where three judges preside and hears appeals from the Magistrates Court on points of law. Appeals from the Court of Appeal go directly to the Supreme Court. The High Court is not the correct answer because it is a different court that deals with a wide range of civil and criminal cases.Rate this question:
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- 48.
Statutory interpretations - Presumptions: There are presumptions which will generally apply unless the legislation specifically states otherwise, for example
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A statute will not bind the Crown.
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A statute cannot conflict with international law. An Act should therefore be interpreted as giving effect to international obligations.
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A statute does not have any retrospective effect.
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A statute does not alter the common law.
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A statute does not exclude the jurisdiction of the court
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Legislation does not extend beyond the territorial jurisdiction of the UK
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A statute may alter common law
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A statute may bind the Crown
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A statute could possibly conflict with international law. An Act should therefore be interpreted as giving effect to overriding obligations.
Correct Answer(s)
A. A statute will not bind the Crown.
A. A statute cannot conflict with international law. An Act should therefore be interpreted as giving effect to international obligations.
A. A statute does not have any retrospective effect.
A. A statute does not alter the common law.
A. A statute does not exclude the jurisdiction of the court
A. Legislation does not extend beyond the territorial jurisdiction of the UKExplanation
The answer includes a list of presumptions related to statutory interpretations. These presumptions provide general rules that apply unless the legislation explicitly states otherwise. The answer states that a statute will not bind the Crown, meaning that the Crown (the monarchy or government) is not subject to the same legal obligations as ordinary individuals or organizations. It also mentions that a statute cannot conflict with international law and should be interpreted in a way that aligns with international obligations. Additionally, the answer states that a statute does not have retrospective effect, meaning it cannot apply to events that occurred before its enactment. It also mentions that a statute does not alter the common law, meaning it does not change the existing legal principles established by court decisions. The answer further states that a statute does not exclude the jurisdiction of the court, meaning it does not prevent the court from hearing and deciding cases related to its provisions. Finally, the answer states that legislation does not extend beyond the territorial jurisdiction of the UK, meaning it only applies within the geographical boundaries of the United Kingdom.Rate this question:
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- 49.
The courts can use the following aids to help them interpret a statute:
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The legislation itself
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Judicial precedents
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The Interpretation Act 1978
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The Oxford English Dictionary
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Hansard
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Sources of EC law
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Human Rights Act 1998
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Legal precedents
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Sources of UK law
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The Interpretation Act 1967
Correct Answer(s)
A. The legislation itself
A. Judicial precedents
A. The Interpretation Act 1978
A. The Oxford English Dictionary
A. Hansard
A. Sources of EC law
A. Human Rights Act 1998Explanation
Courts can use various aids to help them interpret a statute. These aids include the legislation itself, judicial precedents, the Interpretation Act 1978, the Oxford English Dictionary, Hansard, sources of EC law, the Human Rights Act 1998, and legal precedents. These aids provide additional information and context to understand the meaning and intention behind a statute, ensuring a fair and accurate interpretation.Rate this question:
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Feb 15, 2024Quiz Edited by
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Sep 22, 2011Quiz Created by
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