Intro to law Flashcards

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1
Q

What or whom is the principal law-maker?

A

Parliament

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2
Q

What is the final point of approval for draft legislation whereupon draft legislation is recognised as an Act of Parliament within the law?

A

Agreement by secretary of state

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3
Q

Why is it important to know when (the date) a law or amendment was passed in order to understand how the law applies in particular cases (Hint: you may want to reflect on the law relating to parental responsibility ot assist with your answer)

A

Because new law can make judges think differently about statues

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4
Q

What is meant by the doctrine of binding precedent as it applies to the action of judges?

A

When considering cases judges must follow the law by rote, without discretion

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5
Q

What title is used by a judge who practises in the Appeal Court?

A

Sir/Madam

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6
Q

What title is conferred on judges who practise in the High Court?

A

Sir/Madam

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7
Q

Why is hierarchy critical in respect of the operation of the courts in England?

A

Depending on the nature of the case, cases must be first lodged in a higher court before they can be heard in a lower court

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8
Q

How would you address a judge practising in a County Court?

A

Master

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9
Q

In conjunction with which Act was the Court of Protection created?

A

The disability discrimination bill

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10
Q

What standard of proof governs judgements in civil proceedings?

A

that upon the balance of probabilities, the facts are proven beyond reasonable doubt

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11
Q

Which of the following would be classed as ‘secondary legislation’ ?

A

A case law precedent

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12
Q

How would the Children Act 1989 be classified?

A

As an act of parliament

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13
Q

What distinguishes a statutory duty from a statutory power?

A

A statutory duty refers to actions that a local authority must take, before it exercises its statutory powers

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14
Q

What is a Judicial Review?

A

A formal court proceeding undertaken when an individual seeks to appeal a judgement made in a lower court

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15
Q

Which statement best describes the function and purposes of a government Select Committee?

A

To aid the media in exposing failings of government departments

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16
Q

Which statement best describes the primary role of the European Court of Human Rights

A

To consider individual cases which specifically concern the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

17
Q

Why was the Human Rights Act 1998 passed in the UK?

A

To create a mechanism for ensuring domestic compatibility with English Law and the European Convention on Human Rights

18
Q

In April 2013, the Legal Services Commission was renamed. Which new service was created as a result?

A

Low pay commission

19
Q

Under which section of the Local Authority Social Services Act 19780 (LASSA) does government continue to issue guidance/directions to local authority departments?

A

Section 20

20
Q

Which of the following would be classed as a ‘general’ duty?

A

to provide an advocate for a child requesting this service, according to statutory guidance laid out in the national guidance for Independent Reviewing Officers.