Intro to law Flashcards
What or whom is the principal law-maker?
Parliament
What is the final point of approval for draft legislation whereupon draft legislation is recognised as an Act of Parliament within the law?
Agreement by secretary of state
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)
Because new law can make judges think differently about statues
What is meant by the doctrine of binding precedent as it applies to the action of judges?
When considering cases judges must follow the law by rote, without discretion
What title is used by a judge who practises in the Appeal Court?
Sir/Madam
What title is conferred on judges who practise in the High Court?
Sir/Madam
Why is hierarchy critical in respect of the operation of the courts in England?
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
How would you address a judge practising in a County Court?
Master
In conjunction with which Act was the Court of Protection created?
The disability discrimination bill
What standard of proof governs judgements in civil proceedings?
that upon the balance of probabilities, the facts are proven beyond reasonable doubt
Which of the following would be classed as ‘secondary legislation’ ?
A case law precedent
How would the Children Act 1989 be classified?
As an act of parliament
What distinguishes a statutory duty from a statutory power?
A statutory duty refers to actions that a local authority must take, before it exercises its statutory powers
What is a Judicial Review?
A formal court proceeding undertaken when an individual seeks to appeal a judgement made in a lower court
Which statement best describes the function and purposes of a government Select Committee?
To aid the media in exposing failings of government departments
Which statement best describes the primary role of the European Court of Human Rights
To consider individual cases which specifically concern the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
Why was the Human Rights Act 1998 passed in the UK?
To create a mechanism for ensuring domestic compatibility with English Law and the European Convention on Human Rights
In April 2013, the Legal Services Commission was renamed. Which new service was created as a result?
Low pay commission
Under which section of the Local Authority Social Services Act 19780 (LASSA) does government continue to issue guidance/directions to local authority departments?
Section 20
Which of the following would be classed as a ‘general’ duty?
to provide an advocate for a child requesting this service, according to statutory guidance laid out in the national guidance for Independent Reviewing Officers.
