ACCA F4: Ch 1 - English Legal System

51 Questions | Total Attempts: 363

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ACCA Quizzes & Trivia

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!


Questions and Answers
  • 1. 
    Which of the following relate to Criminal Law 
    • A. 

      Relates to conduct of which the State disapproves and which it seeks to control.

    • B. 

      Purpose - the enforcement of particular forms of behaviour by the State, which acts to ensure compliance.

    • C. 

      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'.

    • D. 

      Burden of proof – guilt must be shown beyond reasonable doubt (high standard of proof).

    • E. 

      Object – to regulate society by the threat of punishment.

    • F. 

      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.

    • G. 

      Is a form of private law and involves the relationships between individual citizens.

    • H. 

      Purpose - to settle disputes between individuals and to provide remedies.

    • I. 

      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.

    • J. 

      Burden of proof – liability must be shown on the balance of probabilities (lower standard of proof).

    • K. 

      Object – usually financial compensation to put the claimant in the position he would have been in had the wrong not occurred.

    • L. 

      The court will order the defendant to pay damages or it may order some other remedy, e.g. specific performance or injunction.

  • 2. 
    To which English civil court does this despcription refer: "Five Law Lords hear appeals from Cort of Appeal and exceptionally from High Court"
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      Magistrates' Court

    • F. 

      European Court of Justice

    • G. 

      European Court of Human Rights

  • 3. 
     To which English civil court does this despcription refer:  "Three Lord Justices of Appeal hear appeals from the High Court and County courts"
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      Magistrates' Court

    • F. 

      European Court of Justice

    • G. 

      European Court of Human Rights

  • 4. 
     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"
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      Magistrates' Court

    • F. 

      European Court of Justice

    • G. 

      European Court of Human Rights

  • 5. 
     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"  
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      Magistrates' Court

    • F. 

      European Court of Justice

    • G. 

      European Court of Human Rights

  • 6. 
    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."
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      Magistrates' Court

    • F. 

      European Court of Justice

    • G. 

      European Court of Human Rights

  • 7. 
     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"
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      Magistrates' Court

    • F. 

      European Court of Justice

    • G. 

      European Court of Human Rights

  • 8. 
     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"
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      County Court

    • D. 

      High Court of Justice

    • E. 

      European Court of Justice

    • F. 

      European Court of Human Rights

  • 9. 
     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"
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      Crown Court

    • D. 

      High Court

    • E. 

      Magistrates' Court

  • 10. 
    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"
    • A. 

      Supreme Court

    • B. 

      Crown Court

    • C. 

      High Court

    • D. 

      Court of Appeal

    • E. 

      Magistrates' Court

  • 11. 
     To which English criminal court does this despcription refer:    "Three judges preside. Hears appeals from Magistrates Court on points of law. Appeals go directly to the Supreme Court"
    • A. 

      Supreme Court

    • B. 

      Crown Court

    • C. 

      High Court

    • D. 

      Court of Appeal

    • E. 

      Magistrates' Court

  • 12. 
     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.    
    • A. 

      Supreme Court

    • B. 

      Crown Court

    • C. 

      High Court

    • D. 

      Court of Appeal

    • E. 

      Magistrates' Court

  • 13. 
     The First-tier Tribunal is divided into the following chambers: 
    • A. 

      General Regulatory Chamber

    • B. 

      Social Entitlement Chamber

    • C. 

      Health, Education and Social Care Chamber

    • D. 

      War Pensions and Armed Forces Compensation Chamber

    • E. 

      Tax Chamber

    • F. 

      The Immigration and Asylum Chamber

    • G. 

      Social Regulatory Chamber

    • H. 

      Pensions, Tax and Social Care Chamber

    • I. 

      The Immigration Entitlement Chamber

    • J. 

      The Asylum Chamber

  • 14. 
    Employment tribunals are composed of one employment judge, plus one expert layman who is drawn from panels representing the industry. 
    • A. 

      True

    • B. 

      False

  • 15. 
    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. 
    • A. 

      True

    • B. 

      False

  • 16. 
    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. 
    • A. 

      Court

    • B. 

      Tribunal

  • 17. 
    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.   
    • A. 

      Court

    • B. 

      Tribunal

  • 18. 
    Which of the following relate to Common Law
    • A. 

      Developed from local customs

    • B. 

      Introduced the system of precedent

    • C. 

      The only remedy is damages

    • D. 

      May be rigid and inflexible.

    • E. 

      Developed as a petition by a party who felt the common law had led to injustice

    • F. 

      It introduced new discretionary remedies, e.g. injunctions and specific performance

    • G. 

      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).

  • 19. 
     Which of the following relate to Equity:
    • A. 

      Developed from local customs

    • B. 

      Introduced the system of precedent

    • C. 

      The only remedy is damages

    • D. 

      May be rigid and inflexible

    • E. 

      Developed as a petition by a party who felt the common law had led to injustice

    • F. 

      It is more flexible than the common law

    • G. 

      It introduced new discretionary remedies, e.g. injunctions and specific performance

    • H. 

      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).

  • 20. 
    Which court  binds all lower courts.  from 1966 does not bind itself.
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      High Court

  • 21. 
    Which court binds all lower courts and itself in civil cases unless earlier decision overruled or is inconsistent with European law. 
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      High Court

  • 22. 
     Which court is not bound by it's own decisions, but strong pursuasive authority.
    • A. 

      Supreme Court

    • B. 

      Court of Appeal

    • C. 

      High Court

  • 23. 
     The ratio decidendi is the _____ reason for the decision  the legal reason for the decis
  • 24. 
    Obiter dicta  are other ___________ made by the judges
  • 25. 
    A precedent is not binding where it: 
    • A. 

      Has been overruled by a higher court

    • B. 

      Has been overruled by statute

    • C. 

      Was made without proper care (per incuriam)

    • D. 

      Can be distinguished from the earlier case, i.e. the material facts differ

    • E. 

      The material facts of the two cases are the same