2024 Paper 1, one-markers Flashcards
Which one of the following statements about the role of magistrates is false?
C Magistrates can try indictable only offences.
Which of the following is not part of the role of a judge during a civil trial?
C To decide the sentence.
Which of the following is most likely to use ‘lobbying’ as a way of influencing Parliament?
B Pressure groups.
Which of the following is a source of law involving judges making a new law?
B Common law.
Which of the following best describes what happens in an action for breach of contract?
B The claimant sues the defendant.
Which of the following best describes where the rules of contract law can be found?
D Partly in common law and partly in statute law.
In the context of a statutory instrument (a form of delegated legislation), what does the term ‘ultra vires’ mean?
C The statutory instrument has gone beyond the powers granted by Parliament to make laws.
When interpreting a statute, which of the following requires a judge to give words their plain, ordinary meaning even if the outcome is absurd?
B Literal Rule.
Which statement best describes a ‘binding precedent’ within the doctrine of judicial precedent?
C A judgement made in a previous case which must be followed by judges in later cases.
Public funding is sometimes available for criminal cases, as long as the ‘interests of justice’ test is met. Which of the following is not relevant to the ‘interests of justice’ test?
B The financial status of the defendant.
In a claim for negligence, the court must decide if there has been a breach of the duty of care. Which of the following will the court not take into account when reaching this decision?
D Whether the defendant was using the standard of the reasonable person.
Which of the following is not part of the work of the Law Commission?
B Enacting new laws.
When new legislation is enacted in Parliament, which of the two Houses of Parliament is usually more powerful?
A The House of Commons.
Which statement best describes the availability of legal aid in a civil case?
D rarely available, and is subject to means testing.
Select the true statement about misrepresentation in the Law of Contract.
A A false statement can be misrepresentation even if it is not the only factor which induces the claimant to make the contract.
Select the false statement about the rules of contract.
B A party’s performance of a contract will be a breach only if it was negligent.
Select the false statement about the rule of law.
C Public officials should be given maximum freedom to make decisions affecting the legal rights of citizens.
Select the true statement about the independence of the judiciary.
C Judges in superior courts cannot easily be removed from office.
Select the false statement about delegated legislation.
B It is generally well publicised.
Select the statement that most accurately describes the aim of the purposive approach to statutory interpretation.
B. Finding what Parliament intended to achieve
A defendant who pleads guilty to an offence in the Magistrates’ Court can appeal to the Crown Court against:
D. Sentence only
Select the false statement about lay magistrates.
C. Lay magistrates do not hear either-way offences
Which type of judge normally hears appeals in the Civil Division of the Court of Appeal?
D. Lord Justice of Appeal
In the House of Commons, a bill will have a second reading. Which statement best describes a second reading?
A. A debate on the main principles of the bill, followed by a vote
Select the false statement. The concept of parliamentary supremacy (parliamentary sovereignty) states that Parliament has the power to:
C. Enact a statute which cannot be repealed
Select the false statement about delegated legislation.
B. Delegated legislation is made by a person or body under powers given by the Government.
Select the false statement about judges.
D. Supreme Court judges can only be removed from office by the Prime Minister.
Select the true statement about advice and funding in civil cases.
B. A conditional fee agreement may result in a successful claimant having to pay a significant amount of the damages to the claimant’s solicitor.
Within statutory interpretation, which one of the following is not an intrinsic (internal) aid to interpretation?
A. A Law Commission Report
Select the true statement about the role of the jury within the criminal justice system. The jury will
C. reach a verdict based on the facts presented.
A pressure group may try to influence Parliament and persuade it to pass certain laws. Which of the following statements about pressure groups is false?
B. Pressure groups always put forward candidates for election to Parliament in order to promote their ideas.
Select the true statement about judges in civil cases.
C. District judges try small claims cases in the County Court.
Select the false statement about the independence of the judiciary.
D. The Lord Chancellor is the only government minister allowed to influence the decision of a judge in a case.
Delegated legislation in the form of statutory instruments is subject to various controls. Select the true statement about controls on statutory instruments.
C. Many statutory instruments become law unless Parliament votes to reject them within a specified time (usually 40 days) of being issued.
In criminal law, which one of the following statements best describes the rules on burden and standard of proof in most cases?
C. The prosecution must prove the case against the defendant beyond all reasonable doubt.
In which one of the following situations could a case be heard in the Supreme Court?
C. An appeal raising a point of law that is of public importance.
Which one of the following is a role of the jury?
B. Deciding the guilt or innocence of the defendant.
Which one of the following statements is false in relation to The Law Commission?
A. The Law Commission’s proposals are always accepted by the Government.
Which one of the following statements is true in relation to superior judges?
C. They cannot be dismissed by the Government.
