End Of Spring Term Revision Test

Question 1

Appeal Courts

Answer 1

Supreme Court
Court of Appeal
Divisional Courts of the High Court
Crown Court

Question 2

First instance

Answer 2

High Court
Crown Court
County Court
Magistrates Court

Question 3

Litigation

Answer 3

Taking a case to court to have the judge decide who is at fault

Question 4

Which civil tracks uses an inquisitorial style?

Answer 4

Small Claims Track
No lawyer
Judge aids in presenting case

Question 5

Three divisions of the High Court

Answer 5

Queen’s Bench Division- Tort and Contract
Chancery- property, mortgages, trusts
Family- matrimonial and children

Question 6

Main type of cases heard in the Magistrate’s Court

Answer 6

Family

Question 7

Why are leap frog appeals sometimes necessary?

Answer 7

To avoid a precedent from the House of Lords which would bind the Court Of Appeal if the case were appealed there

Question 8

In which court do all criminal cases start?

Answer 8

Magistrates’ Court

Question 9

A mid-ranging offence which can be committed in a wide ranging way e.g. Theft of criminal damage

Answer 9

Triable either way offences

Question 10

A minor crime like common assault or speeding

Answer 10

Summary

Question 11

A serious crime like murder, rapr or robbery

Answer 11

Summary

Question 12

A serious crime like murder, rape or robbery

Answer 12

Indictable

Question 13

Will be sorted into either summary or indictable trial through mode of trial proceedings

Answer 13

Triable either way

Question 14

Will be tried in the magistrates court by a bench of lay Magistrates or a single District Judge of the Magistrates Court

Answer 14

Summary

Question 15

Will be tried on indictment in the Crown Court by a judge and jury

Answer 15

Indictable

Question 16

Defence appealing against sentence and/or conviction from the magistrates court

Answer 16

Crown Court

Question 17

Defence or Prosecution making a ‘case States’ appeal from the Magistrates Court

Answer 17

Queen’s Bench

Question 18

Appeal (given leave) on a point of public interest from the Queen’s Bench Divisional Court or the Court of Appeal

Answer 18

Supreme Court

Question 19

A ‘case-stated’ appeal by the defence of prosecution from the Crown Court

Answer 19

Court of Appeal

Question 20

An appeal referred from the Crown Court asking to quash an acquittal because of interference with witnesses or jurors

Answer 20

Queens Bench

Question 21

Defence appeal (with leave) against sentence and/or conviction or the prosecution ask the Attorney- General to make a reference on a point of law

Answer 21

Court of Appeal

Question 22

What is a Scott v Avery clause?

Answer 22

An agreement to arbitrate in the event of a dispute

Question 23

Negotiation

Answer 23

Assisted Settlement

Question 24

Arbitration

Answer 24

Alternative adjudication

Question 25

Conciliation

Answer 25

Assisted settlement

Question 26

Mediation

Answer 26

Assisted settlement

Question 27

ADR- Parties voluntarily agree to accept the adjudication of a third party

Answer 27

Arbitration

Question 28

ADR- Parties resolve their dispute with the assistance of a third party 'go-between'

Answer 28

Mediation

Question 29

ADR- Parties resolve their dispute with the assistance of a third party who has some expertise in the area of the dispute

Answer 29

Conciliation

Question 30

ADR- Parties resolve their dispute informally either in person or via a solicitor or other professional

Answer 30

Negotiation

Question 31

What is the main statute governing police powers?

Answer 31

PACE

Question 32

Which police power is governed by s.1 of this statute?

Answer 32

Stop and searches

Question 33

What is the name of the guidelines which advise police on the correct use of statutory powers?

Answer 33

Codes of Practice

Question 34

What must a police officer act on when stopping and searching a person?

Answer 34

Reasonable grounds of suspicion

Question 35

Power to use reasonable force in affecting a stop and search

Answer 35

S.117

Question 36

Power to seize unlawful articles going in a stop and search

Answer 36

S.1 (6)

Question 37

Safeguard preventing the removal of anything more than outer coat, jacket and gloves

Answer 37

S.29

Question 38

Police Officer doing a stop and search must give name, number, station and reason for the search

Answer 38

S.2 3)

Question 39

What is relevant to a lawful arrest?

Answer 39

That D is involved or suspected of involvement in a crime The D's arrest is necessary by reference to the necessity tests That D is asked to define his/her ethnicity That D is told he/she is under arrest and why

Question 40

What is not relevant to a lawful arrest?

Answer 40

That D must be cautioned

Question 41

On arrival at the station, who decides whether D should be detained?

Answer 41

Custody Officer

Question 42

What are the safeguards upon Detention?

Answer 42

To inform the suspect that he has the right to inform someone if his arrest To inform the suspect that he has the right to an appropriate adult if under 17 or 'vulnerable' To tell the suspect he has the right to consult the Codes of Practice To open a custody record detailing D's detention To inform the suspect he has the right to free legal advice

Question 43

What is not a safeguard upon detention?

Answer 43

To inform D of his right to bail

Question 44

Maximum period of detention authorised by police after any extension by a senior officer

Answer 44

36 hours

Question 45

Absolute maximum period of detention unless being held under terrorist legislation and following extensions by Magistrates

Answer 45

96 hours

Question 46

First review of D's detention by a custody officer

Answer 46

6 hours

Question 47

Regulatory Sample

Answer 47

Breath

Question 48

Non-intimate sample

Answer 48

Fingerprints

Question 49

Intimate

Answer 49

Semen

Question 50

Sentencing aim? An 'eye for an eye', a 'tooth for a tooth'

Answer 50

Retribution

Question 51

Sentencing aim- sorry seems to be the hardest word

Answer 51

Reparation

Question 52

Sentencing aim- Big Brother is watching

Answer 52

Deterrence

Question 53

Sentencing aim- New skills means new choices

Answer 53

Rehabilitation

Question 54

Sentencing Aim- lock em up and throw away the key

Answer 54

Incapacitation

Question 55

What is the main aim when sentencing a youth offender?

Answer 55

Rehabilitation

Question 56

Jurisdiction

Answer 56

The power of a court and the types of cases it is able to hear