MCQ revision Flashcards by E descrivan

Edwina wants to claim compensation from Alex who crashed his car into her garden, causing two thousand pounds worth of damage. In which court would her claim commence? Supreme Court

Magistrates Court

Crown Court

County Court

County court

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Alex has now also been accused of shoplifting a jacket worth £200 from a local store. In which court would this action commence?

Supreme Court

Magistrates Court

Crown Court

County Court

B. Magistrates Court

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What is the English Legal system?

Common Law

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What are the two sources of Domestic Law

Legislation and Cases

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Statutes cannot be overruled by Judges but can be subject European Law. True or False?

True

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What are Primary Legislation

Statutes/Acts of Parliament

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What is are examples of delegated or secondary legislation

Statutory instruments: regulations, orders in council

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Once Royal Assent is given
A) The Act always comes into force
B) All parts of the Act have to come into force at the same time
C) It is possible that na Act might never be brought into foce.
D) Acts always take effect retrospectively

C) it is possible that an Act may never be brought into force.
This is because situations and Govt changes over time

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The Party who brings a case to a criminal trial is called:
a) the prosecution
b) the claimant
C) the complainant
d) the Victim

A) the prosecution

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Which of the following types of cases are considered to be too important for trial at county court?
a.
Bankruptcy proceedings

b.
Repayment of debts

c.
Claims against the police

d.
Housing disputes

c) claims against the police

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Identify the correct statement regarding the use of the 1966 Practice Statement (Judicial Precedent): a.
The Supreme Court is keen to overturn its own decisions so as to avoid injustice

b.
There have been numerous and many instances where the Supreme Court / House of Lords has overruled itself

c.
The Supreme Court is reluctant to exercise the power because of the need for certainty

d.
In order to overturn a previous decision, it is enough that it was passed by a narrow majority

c. The Supreme Court is reluctant to exercise the power because of the need for certainty

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Which of the following courts does not form part of the High Court
a) The Divisional Court
B) The Criminal Division
C)The Kings bench Division
D) The Chancery Division

B) The Criminal Division- The criminal division is part of the Court of Appeal

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The Court of Appeal (Civil Division) deals with
a.
Appeals from the High Court

b.
Appeals from the County Court

c.
Appeals from tribunals

d.
All of the above

All of the Above

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Which is the highest form of law?

Question 7Select one:

a.
Case law

b.
Acts of Parliament

c.
Delegated legislation

d.
Books and journals

B) Acts of Parliament

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Which statement about the circumstances where Hansard may be used as an aid to statutory interpretation is incorrect?

Question 8Select one:

a.
Hansard may always be used as an extrinsic aid

b.
When the literal meaning amounts to an absurdity

c.
The statements by a minister are clear as to the meaning of the words

d.
Parliamentary material is necessary to understand the effect of statements made by the promoter of a bill

a) Hansard may always be used as an intrinsic aid

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Which of the following is not a primary source of law?

a.
Academic or practitioner books

b.
Statutes

c.
Secondary legislation

d.
Case Law

A) academic or pracitioner books

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Which of the following phrases means ‘of the same type’?

a) Expression unius est exclusio alterius
b) Ejusdem generis
c) Ultra Vires
d) Noscitur a sociis

B) Ejusdem generis

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Which of the following is not an approach used by the judiciary when faced with an issue of statutory interpretation?
a)The rule in Young v Bristol Aeroplane Co Ltd
b.
The mischief rule

c.
The purposive approach

d.
The literal rule

a) Young v Bristol Aeroplane Co Lts- this relates to circumstances in which the Court of Appeal is not bound by its own previous decisions

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Which of the following statements regarding the headnote of cases is incorrect?

Question 12Select one:

a.
It contains a summary of the case

b.
It carries full legal authority

c.
It is prepared by a reporter and not the judge

d.
It is a useful aid in identifying the ratio decidendi of a case

B) It carries full legal authority

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Which is the incorrect answer?

Question 13Select one:

a.
High Court decisions do not bind the Divisional Court

b.
High Court decisions do not bind other High Court judges

c.
The Divisional Courts bind the appropriate division of the High Court

d.
The decisions of the Divisional Court never bind the same division

d) The decisions of the Divisional court never bind the same division

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The party against whom a civil case is brought is called the

Question 14Select one:

a.
The defendant

b.
The accused

c.
The petitioner

d.
The Respondent

The Defendant

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Which of the following statements is false?

Question 15Select one:

a.
The Supreme Court replaced the Appellate Committee of the House of Lords

b.
The Supreme Court was created by the Constitutional Reform Act 2005

c.
The Supreme Court is the final court of appeal for the whole of the UK

d.
The Supreme Court does not hear evidence from witnesses

c. The Supreme Court is the final court of appeal for the whole of the UK

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How many tracks are there in the civil jurisdiction?

Question 16Select one:

a.
Three: small claims, fast track and multi track

b.
Three: King’s Bench, Chancery Division and Family Division

c.
Two: County Court and High Court

d.
Two: Civil Division and Criminal Division

a.
Three: small claims, fast track and multi track

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Which of the following statements about legislation is not true? Question 17Select one: a. The King must personally approve all Bills before Royal Assent is granted b. Government Bills can be introduced in either House c. Codifying statutes restate a topic contained in several earlier statutes d. The Human Rights Act 1998 requires that all Bills must be accompanied by a statement of compatibility

A) The king must personally approve all bills before royal assent is granted

Which of the following statements about judicial precedent is incorrect? Question 18Select one: a. The European Court of Justice is not bound by its own decisions b. Per Incuriam means 'through carelessness' c. UK courts are never bound by the European Court of Justice d. Persuasive precedents may be followed in later cases, but courts are not compelled to follow them

c. UK courts are never bound by the European Court of Justice

Which of the following falls under the broad term of ‘legislation’? Question 19Select one: a. Statutes b. Acts of Parliament c. Regulations d. all of the above

d. All of the above

Which definition correctly identifies the meaning of a decision being overruled? Question 20Select one: a. The court in the present case agreed with the decision of a lower court in a different case b. The court in the present case has overturned a decision in a different case c. The court in the present case on appeal overturned the decision of a lower court in the same case d. The court finds sufficient difference between this case and a previous case so that it can avoid being bound by it

b) The court in the present case has overturned a decision in a different case

What is a binding Precedent

A precedent that binds- generally from a higher court

What is a persuasive precedent

Other arguments relating to the case that are not binding but can be persuasive authority in future cases

What is Obiter Dictum

meaning "other things said"- parts of the discussion that are not binding but may be persuasive

What is Ratio Decidendi

Meaning: the rationale for the decision- the key points in the case that lead to the final judgement and establishes legal precedent

What does distinguishing mean

When a binding case is avoided as it is sufficiently different

1) A system of reporting cases 2) A hierarchy for 'ranking' previous rulings 3) a technique of extracting a main binding principle of a case

What ate the essential ingredients of precedent

What is the system of binding precedent called

Stare decisis- meaning stand by what has been decided

Res Judicata

The ruling of a case is binding on the parties concerned one all avenues have been exhausted

What are the 4 elements of a ruling?

1. Ratio decidendi 2. Obiter Dictum 3. Decision 4. Material Facts

Which of the following statements is closest to a true representation of ratio? a)legal principle from a case which may bind a future court depending on the level of court b)reasoning employed by the judge during the course of the judgment in the case c)the main facts of the case which the judge considers material d)the final outcome of the case which binds the parties once avenues of appeal have been exhausted

A) A legal principle form a case which may bind a future court depending on the level of court

What is horizontal precedent?

When a court must follow a previous tatio of its own for example A supreme Court or court of appeal

What does the Practice Statement (1966) 1 WLR 1234 determine

That too rigid adherence to precedent may lead to injustice- they may depart when it appears right to do so. However, it is not often done as it can lead to uncertainty

What is this and exception to: there are two conflicting authorities from Court of Appeal (CA may choose which to follow);

The Court of Appeal binding itself

What is this and exception to: later conflicting authority from House of Lords (CA must follow House of Lords) NB may also choose to follow a later conflicting decision from the Privy Council

The Court of Appeal binding itself

What is this an exception to: Precedent CA judgment was per incuriam (CA may follow the original uncited authority)

The Court of Appeal binding itself

What does Per incuriam mean

In ignorance: i.e failing to consider a relevant authority

What is Young v Bristol Aeroplanes Co

Governs horizontal precedent in court of appeal- establishes 3 exceptions to CA binding itself

What terms are used to denote how courts deal with precedents

-Applied -Distinguished -Approved -Overruled -Considered

What are the terms Affirmed and Reversed used for

To indicate how appeals are decided

Define Applied

Where a court in a later case considers itself bound by the ruling in a previous case and uses the same reasoning.

Define approved

where a higher court in a later case considers a precedent from a lower court and says it was rightly decided

Overruled

Where a court in a later case considers that a precedent which is not binding on them is wrong and therefore needs to be overruled- no longer good law

What are the lower criminal courts

Magistrates Courts, Crown Courts

What is the difference between the crown court and the magistrates court

The Magistrate court deals with summary offences, the crown court deals with indictable offences and appeals from magistrates courts

What are the lower courts for Civil cases

County courts

What are the different Divisions in the High Court

Kings Bench Division, Family Divison, Cahncery Division

What are the divisions of the Court of Appeal

Criminal Division, Civil Division

What is the Supreme Court

The Final Court of appeal for all UK civil and criminal cases

Approaches to judges interpreting law: giving plain ordinary meaning, regardless of it leading to an absurd result

The Literal Rule

Approaches to judges interpreting law: Give words their plain ordinary meaning unless it would lead to an absurdity

The Golden Rule

Approaches to judges interpreting law: The rule in Heydon's case, identify what was wrong with the previous law used before the Act was established

The mischief rule

Approaches to judges interpreting law: looking beyond the words to try to find the intention of parliament

The Purposive approach

Section 3 so far is it is possible to do so, primary...and subordinate legislation must be read and given effect in a way that is compatible with the Convention rights...."

Effect of Human Rights Act 1998 to on interpretation of statutes

Primary legislation cannot be overruled by HRA, secondary legislation can be but only where this would not conflic with the parent act.

Effect of Human Rights Act 1998 to on interpretation of statutes

May encourage a more purposive approach, especially since new legislation must address compatibility issue

Effect of Human Rights Act 1998 to on interpretation of statutes

Aids to construction of statutes: Ejusdem generis

specific words followed by 'or other' interpret according to the class of the specific words

Aids to construction of statutes : Noscitur a sociis

judge the word by the company it keeps: i.e the immediate context of the words is important.

Aids to construction of statutes: Expression unius est exclusion alterius

specific mention of particular member of class (without the words or other) by implication excludes other members of the class- I.e Guide dogs allowed

Looking at the whole statute, reading the preamble etc is an example of what kind of aid

Intrinsic Aid

Primary legislation gives power to a minister from the primary legislation to make further laws. This is called a

statutory instrument

If a primary legislation delegates to public authorities it is called

a bye law

A court of law can quash delegate legislation if it is made outside of the power granted in the primary legislation. True or false?

true

Smith V Jones

standard civil case

R V Smith

Standard criminal case

(In) RE Smith

Concerning ot in the matter of

Re S

Converning or in the matter of

R v MMC ex parte Smith

Judicial review

R (on the application of Smith) v Manchester CC

Modern form of judicial review citation

Can the Criminal Division depart from its rulings?

exceptions from Young v Bristol Aeroplane apply to Criminal division with the addition of R v Gould

What is R v Gould

Ruling tat determined the Court of appeal can give itself a wider discretion in criminal cases where the liberty of an individual is at stake

Divisional courts are bound to their own decisions with the same exceptions as Civil Devision, court fo appeal and sometimes Criminal Division. Decisions of the Divisional COurts are binding on the High court of that particular division. True or false?

True

Decisions of High Court judges are always binding on other high court judges. True or false

False- they can be strongly persuasive

Do the crown court, country court, family court and magistrates bind any courts?

Which court is under the supreme court and what is it composed of

Court of appeal- criminal division and civil division

What are the 3 divisions of the High Court

The Kings bench Division, Chancery Division, and Family Division

What do the divisional courts do

One hears appeals from the magistrates Courts. One from Divisional court

claimant

the person bringing the case at civil court

Defendant

The person against whom a criminal case is brought

Appellant

the person lodgiing appeal

Respondent

the person against whom the appeal is brought

Which statement about the circumstances where Hansard may be used as an aid to statutory interpretation is incorrect? Question 4Select one: a. Hansard may always be used as an extrinsic aid b. When the literal meaning amounts to an absurdity c. The statements by a minister are clear as to the meaning of the words d. Parliamentary material is necessary to understand the effect of statements made by the promoter of a bill

a. Hansard may always be used as an extrinsic aid