Final Exam Test - ELS Flashcards
Give a few examples of Primary Sources of Law
Statues, Case Law and International Conventions.
Give a one of secondary Sources of law.
A Bill
What is meant by the term Common Law?
- the law ‘common to the whole of England’
- the law that comes not from legislation but from the decisions of the judges
- the law of the common law courts (as distinguished from the case law of the courts of equity)
- ‘the common law’ is English law in its widest sense, including legislation, custom and equity. It may even mean the law of other countries that have adopted English law as a starting point (you will often hear these described as common law legal systems, to compare them from civil law legal systems such as France and Spain
What Courts deal with Civil Disputes?
The Magistrates Court, The County Court, The Crown Court, the Court of Appeal
. Which of the following are alternative names for primary legislation?
(a) (i) and (ii)
(b) (ii) and (iv)
(c) (ii), (iii) and (iv)
(d) (i), (ii) and (iv)
(b). A bill will become primary legislation when it receives royal assent – at that point it becomes an Act of Parliament or Statute.
Which of the following answers are correct?
(i) An act of parliament is always preceded by a bill
(ii) An act of parliament is always preceded by a green paper
(iii) A bill which is introduced by a member of the House of Lords who is not a government minister is a public bill known as a Private Members’ bill
(iv) If a bill is proposed by a local authority, in order to grant it new powers affecting people in that local authority constituency it will be a private bill
(a) All of the above
(b) (ii), (iii) and (iv)
(c) (i), (iii) and (iv)
(d) (i) and (iv)
The correct answer is (c). (i), (iii) and (iv) are correct.
(i) An act of parliament is always preceded by a bill
(iii) A bill which is introduced by a member of the House of Lords who is not a government minister is a public bill known as a Private Members’ bill
(iv) If a bill is proposed by a local authority, in order to grant it new powers affecting people in that local authority constituency it will be a private bill
- Which of the following is not a reason for the use of delegated legislation?
(a) Delegated legislation is necessary because parliament does not have enough time to debate and scrutinise all of the legislation that needs to be made
(b) Delegated legislation is necessary to deal with some emergency situations
(c) Delegated legislation is necessary to implement European Union directives
(d) Delegated legislation is necessary to deal with complex legislative detail
The incorrect answer is (c). Whilst some European Union directives are implemented through delegated legislation, it is also possible for European Union directives to be implemented through primary legislation, particularly if the directive affects important rights.
By which of the following methods would delegated legislation NOT be scrutinised?
(a) The laying of a statutory instrument before both of the Houses of Parliament for the House or Houses to confirm that the instrument is approved
(b) The laying of a draft statutory instrument before the House of Lords Delegated Powers and Regulatory Reform Committee
(c) The laying of a statutory instrument before the House of Commons upon the basis that it will pass into law unless a motion is passed to annul it
(d) The laying of a draft statutory instrument before the House of Commons upon the basis that it will pass into law unless a motion is passed to disapprove of it
The incorrect answer is (b). The specific remit of the House of Lords Delegated Powers and Regulatory Reform Committee, is to scrutinise bills which propose to delegate legislative-making powers, to ensure powers are not delegated inappropriately. It does not look at secondary legislation therefore but at proposals set out in bills.
A fictitious statute, the Protection of Animals Act 2012, states;
‘for the purposes of section 2 ‘animals’ includes sheep, goats and cows’
‘birds which are included in Schedule 1 are protected.’ Schedule 1 then has a heading “protected birds” and under this heading a long list of birds is provided.
The statute also refers in section 3 to ‘cats, dogs and other animals’.
Which of the following are correct?
(i) For the purposes of section 2 ONLY sheep, goats and cows are animals
(ii) For the purposes of section 3 a giraffe is unlikely to fall into the category of ‘other animals’
(iii) When determining whether a horse is an animal for the purpose of section 2 it would be appropriate to consider the definition of an animal in the Keeping of Domestic Pets Act 1995 (another fictitious statute)
(iv) Only those birds which are listed in Schedule 1 are protected.
(a) (i), (ii) and (iii)
(b) (i), (ii) and (iv)
(c) (ii) and (iii)
(d) (ii) and (iv)
The correct answer is (d).
- Lord Justice Laws suggested in R v Lord Chancellor ex parte Witham [1998] that access to justice is an important constitutional right. Which of the following matters may be seen as preventing ordinary individuals from effectively accessing civil justice?
(i) Complex procedures
(ii) The need to instruct and pay for legal representation
(iii) Court fees
(iv) Time consuming procedures
(a) (i) and (iv)
(b) (i), (iii) and (iv)
(c) (i), (ii) and (iii)
(d) All of the above
The answer we were were looking for here was (b).
- You have been consulted by Brian, who is a builder. He wishes to sue Chloe, who has not paid him for work that he has completed. Brian tells you that Chloe owes him approximately £20,000. Which of the following are correct:
(i) Before issuing his claim Brian must inform Chloe of his intention to bring proceedings
(ii) Because the proceedings are a building dispute Brian need not inform Chloe of his intention to bring proceedings
(iii) If proceedings are issued they are likely to be allocated to the fast track
(iv) If proceedings are issued they are likely to be allocated to the multi-track?
(a) (i) and (iii)
(b) (ii) and (iii)
(c) (i) and (iv)
(d) (ii) and (iv)
The answer here is (a). Propositions (i) and (iii) are correct.
- Brian issues proceedings against Chloe to recover the sum of £20,567 which he alleges is owed to him in respect of building work undertaken. Chloe files a defence and counterclaims against Brian for the sum of £24,000 which she states that she has spent in employing another builder to rectify problems caused by Brian. Which of the following are correct:
(i) If Brian fails to file a defence to Chloe’s counterclaim Chloe may obtain a default judgment against Brian
(ii) If Brian believes that Chloe’s defence and counterclaim are not valid he may apply to the court for summary judgment in his favour
(iii) Chloe may make a part 36 offer to settle Brian’s claim
(iv) If Brian does not accept Chloe’s offer and he fails to obtain a judgment which is better than Chloe’s offer then Chloe will be entitled to all of her costs
(a) All of the above
(b) (i) and (ii)
(c) (i), (ii) and (iii)
(d) (ii) and (iv)
The correct answer is (C).
- John has been charged with the offence of murder. The offence is an offence which is triable only on indictment. Which of the following are correct:
(i) The proceedings will commence in the Magistrates’ Court
(ii) The proceedings will commence in the County Court
(iii) The trial will take place in the Magistrates Court unless the Magistrates Court consider their powers are insufficient
(iv) The trial will take place in the Crown Court
(a) (i) and (iii)
(b) (ii) and (iv)
(c) (i) and (iv)
(d) (iv) only
The correct answer is (C).
- Penny pleads guilty to the offence of theft in the Magistrates’ Court. She is sentenced to six months imprisonment. Penny wishes to challenge the Magistrates’ decision. Which of the following are correct?
(i) Penny may appeal to the Crown Court against her sentence
(ii) Penny may appeal to the Crown Court against conviction and sentence
(iii) Penny may appeal to the High Court by way of case stated if she believes that the Magistrates’ made an error of law
(iv) Penny may appeal to the Court of Appeal against her sentence
(a) (i) and (ii)
(b) (i) and (iii)
(c) (i), (ii) and (iii)
(d) All of the above
The correct answer is (b).
