Legal system of England and Wales

Question 1

A claimant has been injured in a road traffic accident and wishes to bring a claim for compensation for their injuries of £20,000. The claimant would like some advice as to which court their case is likely to be heard in.
a) the county court
b) the court of appeal
c) the magistrates court
d) the high court
e) the crown court

Answer 1

The County Court

Question 2

A lawyer from Europe visits a solicitor based in London to find out more information about making the move over to practice in the UK and has some questions to ask.

What type of legal system operates in England and Wales?
a) a civil law system
b) a common law system
c) a religious law system
d) a hybrid law system
e) a rural law system

Answer 2

A common law system

Question 3

A statute provides that a person found drunk in charge of a carriage may be arrested without a warrant. A man was arrested without a warrant when he was found drunk in charge of a bicycle. Although under its plain meaning a bicycle is not a carriage, the court trying the case found the man guilty.

Which statutory rule of interpretation did the court most likely apply?

a) The court most likely applied the golden rule in finding the man guilty
b) The court most likely applied to mischief rule
c) The court most likely applied the literal rule
d) The court most likely applied the purposive approach
e) The court most likely applied the rule of corpus juris secondum

Answer 3

The court most likely applied the mischief rule

Question 4

Two potential clients come into a solicitors firm for representation. One client requires representation before the Magistrates’ Court in short order, whereas the other client requires representation before the High Court some time later. The firm has a solicitor who is available to handle each case, but the concern is that they do not have rights of audience with each court.

May the solicitor undertake representation of both parties?

A No, because the solicitor does not have an automatic right of audience before the High Court.

B No, because the solicitor does not have an automatic right of audience before the Magistrates’ Court.

C No, because the solicitor does not have an automatic right of audience before either the Magistrates’ Court or the High Court.

D Yes, because the solicitor has an automatic right of audience before the Magistrates’ Court.

E Yes, because the solicitor has an automatic right of audience before the High Court.

Answer 4

No because the solicitor does not have an automatic right of audience before the high court.

Question 5

A man was caught stealing a bicycle. He was charged with an either way theft offence. He denied his guilt before a District Judge in Magistrates’ Court.

Which of the following statements best describes the legal position regarding the trial of the man’s case?

A The case can be tried in either Magistrates’ Court or Crown Court since it is an either way offence, but a jury is available only in Magistrates’ Court.

B The case may be tried in either Magistrates’ Court or Crown Court only, either with or without a jury since it is an either way offence.

C The case may be tried in Magistrates’ Court only, either with or without a jury as it is an either way offence.

D The case can be tried in Crown Court only, either with or without a jury as it is an either way offence.

E The case can be tried in either Magistrates’ Court or Crown Court as it is an either way offence, but a jury is available only in Crown Court.

Answer 5

E The case can be tried in either Magistrates’ Court or Crown Court as it is an either way offence, but a jury is available only in Crown Court.

Question 6

A judge is struggling to ascertain the intention of Parliament when interpreting a statute in a case. As well as the rules of language and other methods of interpretation, the judge can also use extrinsic and intrinsic aids to assist her.

Which of the following is not an extrinsic or intrinsic aid to interpretation?

ResponsesPress Enter or Space to submit the answer

A The Oxford English Dictionary.The Oxford English Dictionary.

B Hansard.Hansard.

C The Short Title to a statute.The Short Title to a statute.

D The Schedules to a statute.The Schedules to a statute.

E Press coverage of Parliamentary debates regarding a statute.

Answer 6

Press coverage of Parliamentary debates regarding statute.

Question 7

A statute required persons operating places of public refreshment, resort, and entertainment to have a licence to run the establishment. A man owned a cafe and argued he did not need a licence because the cafe was not a place of entertainment. After considering the context of the word entertainment, the court held that it did not mean musical entertainment but rather the reception and accommodation of people, so the defendant was guilty.

Which rule of language did the court most likely use to come to this judgement?

A Expressio unius est exclusio alterius.

B Noscitur a sociis.

C In pari materia.

D Ejusdem generis.

E Corpus juris secondum.

Answer 7

B Noscitur a sociis.

Question 8

A UK solicitor is speaking to foreign lawyers about the English Legal System and begins to speak about the different divisions in the High Court.

Which of the following statements correctly describes the divisions?

A Family Division, Criminal Division, Queens Bench Division

B Civil Division, Queens Bench Division, Family Division

C Queens Bench Division, Chancery Division, Dispute Resolution Division

D Criminal Division, Queens Bench Division, Civil Division

E Chancery Division, Family Division, Queens Bench Division

Answer 8

E Chancery Division, Family Division, Queens Bench Division

Question 9

A justice of the Court of Appeal decides that a statute should mean what it says and be applied literally to the case at hand.

In what circumstances would it be appropriate for the justice to use such a literal approach?

A
When the judge decides at his own discretion.

B
When the parties agree to a literal interpretation at the start of trial.

C
When the judge decides that a literal interpretation leads to an absurd result.

D
When there is no ambiguity in the words of the statute.

E
When there is an ambiguity in the words of the statute.

Answer 9

D
When there is no ambiguity in the words of the statute.

Question 10

The Court of Appeal is to consider arguments from a claimant and respondent. There are certain ambiguities in the Act of Parliament involved. The Court decides they must resort to seeking clarification from an extrinsic aid.

Which of the following is an extrinsic aid?

A Definition section

B Hansard

C Preamble

D Marginal notes

E Long title

Answer 10

Hansard

Question 11

A County Court Judge is hearing a case in which a claimant is suing for damages arising from drinking a bottled beverage that contained part of a roach. In making their ruling, the judge explained that a similar case was heard years before that interpreted a statute and so they must considerstare decisis .

What does stare decisis mean?

A
The reason for the decision.

B
Of the same type.

C
Let the decision stand.

D
This judgment is deferred.

E
Upon the same subject matter.

Answer 11

C
Let the decision stand.

Question 12

Parliament has delegated its power to a group of government ministers to create a statutory instrument to give practical effect to a piece of legislation that has recently become law.

What other name can be given to statutory instruments?

Correct
A Statutory instruments can also be called secondary (or subordinate) legislation.

B Statutory instruments can also be called common law.

C Statutory instruments can also be called Acts of Parliament.

D Statutory instruments can also be called statutes.

E Statutory instruments can also be called primary legislation.

Answer 12

Statutory instruments can also be called secondary (or subordinate) legislation.

Question 13

A woman was elected as an MP and had very little prior experience in government. She was told England and Wales follow common law. She is uncertain what this means and asks her solicitor to explain where most laws originate in this common law system.

Which of the following would be the best response from the solicitor?

A The Supreme Court.

B Parliament.

C The High Court.

D The Executive.

E Lower court rulings.

Answer 13

Parliament

Question 14

A law student wants to gain some work experience in an appellate court in order to understand the appeals process in the United Kingdom.

Which of the following courts do not hear appeals?

A
The Court of Appeal.

B
The Magistrates’ Court.

C
The Supreme Court.

D
The High Court.

E
The County Court.

Answer 14

The magistrates court

Question 15

Question
The Administrative Court is hearing an application for judicial review. The barrister for the claimant argues that a particular constitutional convention is involved and was violated.

Which of the following best describes conventions?

A
Conventions are unwritten constitutional rules that must be followed.

B
Conventions are codified parts of the UK Constitution which are binding on the courts.

C
Conventions are unwritten rules regarding how things should be done and carry little weight in court.

D
Conventions generally are unwritten rules regarding how things are done and are given great weight in court.

E
Conventions are unwritten rules regarding how things should be done and are largely inapplicable under the doctrine of Parliamentary Sovereignty.

Answer 15

D Conventions generally are unwritten rules regarding how things are done and are given great weight in court.

Question 16

Four months ago, a council refused a woman’s application for a licence to drive a taxi. The council has not given any reasons for rejecting the woman’s application.

Which of the following best explains why the woman cannot bring judicial review proceedings?

A Because the matters raised do not involve public law.

B Because she does not have any grounds to bring judicial review proceedings.

C Because judicial review proceedings can never be brought to challenge the denial of a taxi licence.

D Because she does not have standing.

E Because she has not complied with the time limit for bringing judicial review proceedings.

Answer 16

E Because she has not complied with the time limit for bringing judicial review proceedings.

Question 17

The owner of a restaurant wishes to seek a judicial review of the local council’s decision to revoke her restaurant operating licence. The local council claimed that the owner was permitting more people in the restaurant than allowed by local law. In her judicial review application, the owner argued that she never allowed the guests in her restaurant to exceed the allowable capacity.

Which of the following best explains why the owner’s judicial review action is likely to be unsuccessful?

A Because the owner’s action is not against a public body.

B Because the owner’s action raises a question of fact.

C Because the owner’s action raises a hypothetical situation.

D Because the owner lacks standing.

E Because the decision defies the owner’s legitimate expectation that she would be consulted before her licence was revoked.

Answer 17

B Because the owner’s action raises a question of fact.

Question 18

In 2021, a case requires the Court of Appeal to interpret a provision of retained EU law. The appellant argues that it should apply a decision of the Supreme Court from 2014. The respondent disagrees, arguing that the court is free to adopt its own interpretation.

Which of the following most accurately describes the legal position?

A The Supreme Court decision forms part of retained EU case law and is binding on the Court of Appeal.

B The Supreme Court decision forms part of retained domestic case law and is not binding on the Court of Appeal.

C The Supreme Court decision forms part of retained EU case law, and is not binding on the Court of Appeal.

D The Supreme Court decision does not form part of either retained EU case law or retained domestic case law, but it is binding on the Court of Appeal.

E The Supreme Court decision forms part of retained domestic case law and is binding on the Court of Appeal.

Answer 18

E The Supreme Court decision forms part of retained domestic case law and is binding on the Court of Appeal.

Question 19

Twenty people have gathered in a public park for a picnic.

Which of the following best describes what has taken place?

Responses

Correct
A A public assembly

B A trespassory assembly.

C A breach of the peace.

D A trespassory procession.

E A public procession.

Answer 19

A A public assembly

Question 20

During a seminar, the concept of limited rights as a category of rights under the European Convention of Human Rights (‘ECHR’) was being discussed.

Which of the following best describes the concept of limited rights?

Responses

A A right that can be limited by the police when they deem it necessary.

B A right that can be limited only in the circumstances outlined in the ECHR article itself.

C A right that can be limited by the state when they believe that it is in the public interest.

D A right that can be limited by the state when proportionately pursuing a legitimate interest.

E A right that can be limited by the domestic courts at their discretion.

Answer 20

B A right that can be limited only in the circumstances outlined in the ECHR article itself.

Question 21

During a case, the Court of Appeal is required to interpret an Act of Parliament to determine whether it complies with Article 6 of the European Convention on Human Rights (‘ECHR’) and the right to a fair trial. The appellant wishes the court to simply make a declaration of incompatibility. The respondent argues that the court should first try to interpret the legislation in a manner that complies with the ECHR.

Which of the following best explains how the court should proceed?

Responses

A The court can make a declaration of incompatibility without attempting to interpret the Act.

Correct
B The court should consider whether it could interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility.

C The court should consider whether it could interpret the Act in a manner that complies with the ECHR, and if it cannot do so, it should refer the case to the Supreme Court.

D The court should consider whether it could interpret the Act in a manner that complies with the ECHR, and if it cannot do so, it should refer the case to the European Court of Human Rights (‘ECtHR’).

E The court should consider whether it could interpret the Act in a manner that complies with the ECHR, and if it cannot do so, it should dismiss the case.

Answer 21

The court should consider whether it could interpret the Act in a manner that complies with the ECHR before going on to make a declaration of incompatibility.

Question 22

Under the Airports (Locations) Act 2021, the Secretary of State for Transport has the power to decide where a new airport can be built. However, the Act requires that the Secretary of State “must” consult with airlines, existing airports, local authorities, and other groups before making a decision. Without consulting anyone, the Secretary of State has just announced that a new airport will be located in South East England. Several local authorities in the North of England who believe that their areas are poorly served by existing airports wish to challenge the decision of the Secretary of State.

Which of the following states the local authorities’ best ground for seeking judicial review?

A The Secretary of State has breached a mandatory procedural requirement.

B The Secretary of State has breached the common law duty to consult.

C The Secretary of State has breached the right to be heard.

D The Secretary of State has breached a directory procedural requirement.

E The Secretary of State has breached the rules against bias.

Answer 22

The Secretary of State has breached a mandatory procedural requirement.

Question 23

A man has applied to the local authority for a licence to operate a grocery shop in the centre of a large city. The local authority has granted his licence on the condition that the man can operate the shop only between the hours of 7am and 8am. The man wishes to challenge this condition via judicial review.

Which of the following will be the man’s best ground for judicial review?

A Improper purpose.

B Irrationality.

C Lack of proportionality.

D Breach of the right to be heard.

E Breach of the Public Sector Equality Duty.

Answer 23

irrationality

Question 24

An individual believes that they were harshly treated by the police at a protest and prevented from lawfully exercising their rights to freedom of association and freedom of assembly under Article 11 of the Human Rights Act 1998 (‘HRA’). A campaign group wants to take up the individual’s case.

Does the campaign group have standing?

A No, because interest groups cannot bring judicial review claims on behalf of others.

B Yes, because the campaign group has a sufficient interest in the individual’s case.

C No, because the campaign group is not the victim of the police conduct.

D Yes, because the campaign group can satisfy the ‘victim’ test.

E Yes, because the campaign group can meet the requirements for representative standing.

Answer 24

No, because the campaign group is not the victim of the police conduct.

Question 25

Following the UK’s exit from the EU, it emerges that an Act of Parliament enacted in 1997 does not comply with an EU regulation. The regulation came into force in 2014 while the UK was a member state of the EU.

Which of the following best explains the status of the Act?

A The Act is a valid Act of Parliament and the regulation is no longer part of UK law.

B The courts can choose whether to apply EU law and disapply the Act, or uphold the Act as a valid Act of Parliament.

C The regulation is part of retained EU law, and the Act should be disapplied in favour of the regulation.

D The government needs to decide whether to apply the regulation or the Act.

E The courts can make a declaration of incompatibility given the conflict between the Act and the regulation.

Answer 25

C The regulation is part of retained EU law, and the Act should be disapplied in favour of the regulation.

Question 26

Prior to Brexit, Members of the Scottish Parliament expressed dissatisfaction with EU law governing agriculture. Thus, in 2021, the Scottish Parliament decides to repeal all retained EU law that relates to agriculture. Agriculture is within the legislative competence of the Scottish Parliament, and the UK government has not passed any regulations barring the Scottish Parliament from amending or repealing retained EU law on this subject.

Which of the following best explains the legality of the Scottish Parliament’s action?

Responses

A The action is invalid because the Scottish Parliament cannot repeal any provisions of retained EU law.

B The action is invalid because the Scottish Parliament can repeal provisions of retained EU law only with the permission of the UK Parliament.

C The action is valid, because the retained EU law at issue is within the Scottish Parliament’s legislative competence and it is not subject to any regulations prohibiting its amendment or repeal.

D The action is valid because the Scottish Parliament can repeal any provisions of retained EU law that are within its legislative competence.

E The action is invalid because the Scottish Parliament can only repeal provisions of retained EU law with the permission of the UK government.

Answer 26

The action is valid, because the retained EU law at issue is within the Scottish Parliament’s legislative competence and it is not subject to any regulations prohibiting its amendment or repeal.

Question 27

The UK Parliament wishes to legislate to change the structure of local government across the UK, including Scotland. However, in Scotland, local government is a devolved matter, to be decided by the Scottish Parliament. The UK government has sought the consent of the Scottish Parliament for the legislation, but the Scottish Parliament has refused to give its consent.

Legally, can the UK Parliament proceed with the legislation?

Responses

A Yes, if the Lord Speaker certifies the bill as being ‘important’.

B No, because the Scottish Parliament has refused consent.
Incorrect

C Yes, because the UK Parliament has the power to do so by constitutional convention

D Yes, because the UK Parliament retains the power to legislate for Scotland.

E No, because the legislation, if enacted, would be struck down by the Supreme Court.

Answer 27

D Yes, because the UK Parliament retains the power to legislate for Scotland.

Question 28

The UK government has become concerned about how the Welsh government and Welsh Parliament have been operating. Because of this concern, the UK government have decided that they wish to abolish those institutions and return to the UK Parliament the power to legislate for Wales.

Who would be required to consent to the abolition of the Welsh government and the Welsh Parliament?

Responses

A The UK Parliament and the Welsh Parliament.

B The UK Parliament and the UK government.
The Welsh Parliament.

D The House of Lords and the Welsh people at a referendum.

E The UK Parliament and the Welsh people at a referendum.

Answer 28

E The UK Parliament and the Welsh people at a referendum.

Question 29

A statute made it an offence ‘to impersonate any person entitled to vote.’ An individual impersonated another person to use their vote, and was taken to court under the relevant statute. However, the person that the individual was impersonating was on the electoral register but had died before the election.

Applying the literal rule of statutory interpretation, what would be the likely judgement in this case?

A The individual would be found guilty because the will of Parliament is clear in the language of the statute.

B The individual would be found guilty because he impersonated another to vote.

C
The individual would be found guilty because any other result would be absurd.

D The individual would be found innocent because a dead person is not entitled to vote.

E The individual would be found innocent because the intent of Parliament cannot be discerned from the language used.

Answer 29

D The individual would be found innocent because a dead person is not entitled to vote.

Question 30

An Act of Parliament prohibited betting in a ‘house, office, room, or other place’. A case came before the court to determine whether an outside parade ring at a racecourse constituted an ‘other place’ for the purposes of the Act. The court held that the general phrase ‘other place’ was preceded by specific words that created a class of indoor places, and therefore betting in the outdoor ring would not fall foul of the Act.

Which rule of statutory interpretation would the court have used to come to this conclusion?

A Ejusdem generis.

B Golden rule.

C In pari materia..

D Mischief rule.

E Noscitur a sociis.

Answer 30

A Ejusdem generis.

Question 31

A solicitor is advising their client who is a respondent in divorce proceedings. The proceeding is quite complex as it involves many assets in different jurisdictions as well as a potential child abduction.

What type of Judge is likely to hear this matter?

A A District Judge.

B A High Court Judge.

C A Deputy District Judge.

D A Recorder.

E None of the above.

Answer 31

B A High Court Judge.
B) is correct, as complex matters like this go to the Family Division at the High Court where a High Court Judge sits

Question 32

A woman fractured her leg when she fell off a rollercoaster at a well-known theme park. The theme park has admitted fault. The woman has submitted a claim for £9,000 for her fractured leg.

In what court would the claim most likely be heard?

A Small Claims Track in the County Court, as claims up to £10,000 can be heard here.

B High Court, as the case involves a well-known theme park.

C Multi-Track, as the matter is too complex for small claims court.

D Multi-Track, as this is a personal injury claim.

E Fast Track, as this is a personal injury claim for not more than £25,000.

Answer 32

E Fast Track, as this is a personal injury claim for not more than £25,000.

Question 33

A truck driver and a construction worker were arguing in a pub about football. The truck driver became aggravated and punched the construction worker. As the construction worker fell to the ground, his head hit a chair and he was knocked unconscious. An off-duty police officer who was also in the pub arrested the truck driver for breach of peace. The construction worker died later that night from a brain injury caused by the fall. Murder charges are brought against the truck driver and the construction worker’s family wants to file a claim in civil court.

Which of the following courts would deal solely with the criminal case?

A Magistrates’ Court.

B Family court.

C High Court.

D Crown Court

E County Court

Answer 33

crown court

Question 34

A woman was charged with a single summary only public order act offence.

If the woman is convicted, which of the following is the maximum sentence the judge could impose?

Responses

A Two-months’ imprisonment.

B One-year imprisonment.

C Two-years’ imprisonment.

D Six months’ imprisonment.

E Five years’ imprisonment.

Answer 34

six months - summary only (magistrates, therefore 6 months max)

Question 35

A judge is delivering judgement. In doing so, the judge states “words must be given their plain, ordinary meaning unless to do so would produce an absurd result”.

What term best describes the judge’s statement?

A The literal rule.

B The golden rule.

C The mischief rule.

D The purposive rule.

E The common law rule.

Answer 35

The golden rule

Question 36

An adult male decides to scare his friend by jumping out of the bushes near his house. When the man jumps out from the bushes, his friend is frightened, jumps into the road, and is hit by a car which breaks his arm.

In which courts and in what order could this case arrive?

A
The Crown court first (for criminal charges), and after that, the case can go to the Supreme Court (for civil proceedings).

B
The Crown court first (for criminal charges), and after that the case can go to the County Court (for civil proceedings).

C The County Court first (for civil proceedings), and after that the case can go to the Crown Court (for criminal proceedings).

D The Crown court first (for criminal proceedings), and after that the case can go to the High Court (for civil proceedings).

E The High Court (for civil proceedings), and after that the case can go to the Crown Court (for criminal proceedings).

Answer 36

B
The Crown court first (for criminal charges), and after that the case can go to the County Court (for civil proceedings).

The prosecution can bring criminal proceedings for the bodily harm suffered and the claimant can bring proceedings in negligence for the bodily harm suffered and potentially win damages. In such instances the civil case takes place once the criminal proceedings have concluded

Question 37

The owners of a retail company want to bring a claim in damages against a manufacturing company. The retail company’s lawyer advises them that damages may be nominal but they are keen to go ahead.

Which of the following does not represent a legitimate path to resolve the dispute?

A
Mediation followed by litigation if mediation fails.

B
Arbitration followed by litigation if arbitration fails.

C
Litigation followed by arbitration if litigation fails.

D
Negotiated settlement followed by alternative dispute resolution if the settlement fails

E
Negotiated settlement followed by litigation if the settlement fails

Answer 37

Litigation followed by arbitration if litigation fails.
- litigation should be last resort.

Question 38

United Against Fracking, a pressure group, want to bring a legal challenge against the local authority for unlawfully awarding a contract to fracking company Peters & Co Fracking Plc.

In which court would the judicial review be first heard?

A
The Chancery Division.

B
The Commercial Court.

C
The Queen’s Bench Division.

D
County Court.

E
The Family Division.

Answer 38

Queens bench division.

A subdivision of the Queen’s Bench Division - the Administrative Court - hears applications for judicial review against decisions made by the government on legal grounds. The Chancery Division (A) hears property disputes. The Commercial Court (B) hears private disputes over contracts involving large sums of money. The County Court (D) hears civil cases but not judicial review cases. The Family Division (E) hears familial dispute

Question 39

A negligence case is being heard on appeal in the Court of Appeal. The lower court found that a fish pond was negligently installed in the claimant’s garden and found the installer liable based on a certain statute. Two years ago, the Court of Appeal heard a case under the same statute but the case involved negligent construction of a garden building. In that case, the Court of Appeal founfd that the installer did come within the statute.

In what circumstances can the Court of Appeal depart from its earlier decision?

Responses

A
The Court of Appeal has generous discretion to depart from its own decisions in criminal cases but rarely in civil cases, and it cannot depart from a Supreme Court decision under any circumstance.

B
The Court of Appeal has generous discretion to depart from its own decision in civil cases but rarely in criminal cases, and it cannot depart from a Supreme Court decision under any circumstance.

C
The Court of Appeal can often depart from its own decisions in criminal cases but rarely in civil cases, and it can depart from Supreme Court decisions in the same circumstances.

D
The Court of Appeal can often depart from its own decision in civil cases but rarely in criminal cases, and it can depart from Supreme Court decisions in the same circumstances.

E
The Court of Appeal can depart from its own previous decisions in both criminal and civil cases regularly, so long as the decision is unanimous.

Answer 39

A
The Court of Appeal has generous discretion to depart from its own decisions in criminal cases but rarely in civil cases, and it cannot depart from a Supreme Court decision under any circumstance.

The Court of Appeal is bound by its own decisions in civil cases but there are exceptions to this rule. In criminal cases the Court of Appeal has a generous discretion to depart from one of its own decisions where it is convinced that the case was wrongly decided. Decisions of the Supreme Court, however, must be followed.

Question 40

A solicitor believes that the process that a court used to arrive at a judgment against the solicitor’s client was ultra vires.

Which of the following statements best describes what ultra vires means?

A Proper.

B Above the minimum required.

C Beyond the scope of the court’s powers.

D Beyond virtuous.

Answer 40

C Beyond the scope of the court’s powers.

Question 41

The Minister for Defence, a member of government, wishes to enter into a bilateral treaty with the United States for the safeguarding of British overseas territories.

Which UK institutions can exercise the prerogative power to enter a bilateral treaty?

Responses

A
Parliament alone.

B
Parliament and the Executive.

C
The Executive alone.

D The Judiciary alone.The Judiciary alone.

E Parliament and the Judiciary.

Answer 41

The executive alone -

The executive has the authority to exercise the royal prerogative without authorisation from the judiciary or Parliament. The Prime Minister has the power to make and ratify treaties alone. The other choices are incorrect because only the executive has the prerogative power

Question 42

A solicitor was asked to speak to lawyers from a civil code jurisdiction. The lawyers were particularly interested in learning about precedent.

Which of the following statements best explains the doctrine of precedent in UK law?

A Under the doctrine of precedent, courts can be bound vertically.

B Under the doctrine of precedent, courts can be bound horizontally.

C Under the doctrine of precedent, courts can be bound vertically and horizontally.

D Under the doctrine of precedent, courts are never bound but are influenced.

Answer 42

C Under the doctrine of precedent, courts can be bound vertically and horizontally.

Question 43

Once a point of law is established by a judge in a case, it becomes part of the common law. The inflexibility of the common law is addressed by the principles of equity, which is designed to provide flexibility and fairness.

Which of the following is true regarding remedies in equity?

A Equitable remedies may be granted only if the court historically could do so.

B A common law remedy and an equitable remedy may be granted by the same court.

C Due to the merger of common law and chancery courts, a party no longer is required to show that the equitable remedy is just and fair.

D The judge has no discretion in whether to grant an equitable remedy.

E The merger of the common law and chancery courts had no effect on either court’s ability to grant equitable remedies.

Answer 43

B A common law remedy and an equitable remedy may be granted by the same court.