ELS MCQ test prep

Which of the following may be considered, in whole or part, to be public authorities? Please select all that apply. a) A court or tribunal. b) A Parochial Church Council. c) The police. d) Railtrack.

a) A court or tribunal. c) The police. d) Railtrack. The meaning of public authority has given rise to much litigation due to the lack of a complete definition in the Human Rights Act 1998. By s.6(3) a court or tribunal is a public authority. Where all the functions of a person or body are public, such as the police, then they are a public authority. Where a body has some public and some private functions it may be a public authority in respect of the public functions but not the private ones. Such may be the case with Railtrack. A Parochial Church Council is not a public authority as it does not exercise a governmental function of the state.

Which of the following statements is correct? a) A solicitor may operate as a sole practitioner, as a member of a partnership covered by the Partnership Act 1890 or as a member of a limited liability partnership. b) The Legal Services Act 2007 prohibits solicitors from operating in partnerships. c) Solicitors may not operate as sole practitioners. d) The Solicitors Regulation Authority sets limits on the size of legal firms.

a) A solicitor may operate as a sole practitioner, as a member of a partnership covered by the Partnership Act 1890 or as a member of a limited liability partnership. Solicitors used to only have the choice of operating as either sole practitioners or in partnerships (under the Partnership Act 1890). Since the Limited Liability Partnerships Act 2000 was introduced in April 2001, solicitors have been able to form limited liability partnerships.

What is the difference between an adversarial and inquisitorial approach to the legal system? a) An adversarial system is based on a contest between the parties with the judge regulating the conduct of the parties. An inquisitorial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed. b) An inquisitorial system is based on a contest between the parties with the judge regulating the conduct of the parties. An adversarial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed. c) An adversarial approach is used in criminal cases whereas an inquisitorial approach is used in civil cases. d) An inquisitorial approach is used in criminal cases whereas an adversarial approach is used in civil cases.

a) An adversarial system is based on a contest between the parties with the judge regulating the conduct of the parties. An inquisitorial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed. An adversarial legal system is based on a contest between the parties with the judge acting as an impartial arbiter of law. An inquisitorial approach, however, is concerned with an investigation into the truth of what happened in the present case.

Which of the following is the most accurate description for the Rule of Law? a) An idealistic concept of how the legal system should function to further civilized society b) The law must be made up of strict rules with punishment for breach of those rules c) A rule made by Parliament d) Guidance on how rules should be applied

a) An idealistic concept of how the legal system should function to further civilized society The Rule of Law is an idealistic concept which recognises a set of characteristics designed to secure the functioning of a civilised state. The Rule of Law ensures that the legal system is, essentially, in good working order. Although the use of strict rules may ensure that society is functioning well, it is not a general understanding of the Rule of Law.

Which of the following provisions of EU law are capable of horizontal direct effect? [Please select all that apply.] a) Articles of the TFEU. b) Provisions within regulations. c) Provisions within directives. d) Provisions within recommendations.

a) Articles of the TFEU. b) Provisions within regulations. "Direct effect" refers to those provisions of EU legislation which are enforceable in national courts. "Horizontal direct effect" means that a provision of EU legislation is enforceable against an individual. Articles of the TFEU, and provisions within regulations and directives, are capable of direct effect, provided that they satisfy the criteria of being sufficiently clear, precise and unconditional. However, provisions within directives are not capable of horizontal direct effect (Marshall). Provisions within recommendations, meanwhile, are not capable of direct effect at all because recommendations do not have legal force.

Which of the following are forms of 'private members' Bills?' Please select all that apply. a) Ballot Bills. b) Ten-minute Rule Bills. c) Thirty-minute Rule Bills. d) Presentation Bills.

a) Ballot Bills. b) Ten-minute Rule Bills. d) Presentation Bills. There are twenty 'Ballot Bills' every Parliamentary session. Back-bench MP's can also introduce Bills using the Ten-minute Rule, or under the Presentation procedure. There is no such thing as a 'Thirty-minute Rule Bill.'

Which of the following courts are bound by their previous precedents? Please select all that apply. a) Court of Appeal. b) Divisional court of the High Court exercising appellate jurisdiction. c) High Court at first instance. d) Crown Court.

a) Court of Appeal. b) Divisional court of the High Court exercising appellate jurisdiction. The Court of Appeal (both Civil and Criminal Divisions) is bound by its own previous precedents, subject to certain exceptions (see particularly Young v Bristol Aeroplane Co Ltd [1944] KB 718). A divisional court of the High Court when exercising appellate jurisdiction is bound by its previous precedents, subject to certain exceptions. Neither the High Court at first instance nor the Crown Court, as courts of trial, are bound by their own previous decisions.

'Money Bills,' once passed by the House of Commons, cannot be delayed by the House of Lords. a) False b) True

a) False Although the normal Parliament Act procedure does not apply to 'money bills,' the House of Lords can delay them by one month.

Which of the following are funded by the Legal Services Commission in civil cases? Please select all that apply. a) Legal Help. b) Help at Court. c) Police Station Advice and Assistance. d) Advocacy Assistance.

a) Legal Help. b) Help at Court. Although Legal Help and Help at Court are funded by the Legal Services Commission in civil cases, Police Station Advice and Assistance and Advocacy Assistance are only available in criminal cases.

According to the Senior Courts Act 1981, which cases are suitable for jury trial in the Queen's Bench Division of the High Court? Please select all that apply. a) Libel and slander. b) Fraud. c) Private nuisance. d) False Imprisonment.

a) Libel and slander. b) Fraud. d) False Imprisonment. Defamation cases are often heard by juries in the High Court - often with newspapers as the defendant. The High Court can also hold jury trials in fraud cases, false imprisonment cases, and cases of malicious prosecution. Private nuisance is actionable in the High Court, but would be heard by a single judge.

Which of the following are criteria for jury service? Please select all that apply. a) Must be aged at least 18. b) Must be a British national. c) Must be ordinarily resident in the UK. d) Must be registered to vote.

a) Must be aged at least 18. c) Must be ordinarily resident in the UK. d) Must be registered to vote. Although jurors must have been ordinarily resident in the UK for at least five years since the age of 13, British nationality is not a criterion. The minimum age is 18, which links to the minimum age to participate in elections. Potential jurors are selected from the electoral register.

When must the first review of a person's detention take place? a) No later than 6 hours after detention was first authorised. b) No later than 9 hours after detention was first authorised. c) No later than 24 hours after detention was first authorised. d) No later than 36 hours after detention was first authorised.

a) No later than 6 hours after detention was first authorised. The review officer is required to review a person's detention no later than 6 hours after detention was first authorised. Regular reviews must take place at intervals of no more than 9 hours thereafter.

What is the difference between private law and public law? a) Private law refers to the relationship between individual citizens. Public law refers to the relationship between individual citizens and the state. b) Public law refers to the relationship between individual citizens. Private law refers to the relationship between individual citizens and the state. c) Private law relates to crimes committed inside the home. Public law relates to crimes committed in public places. d) Private law relates to court hearings conducted in private. Public law relates to court hearings conducted in public.

a) Private law refers to the relationship between individual citizens. Public law refers to the relationship between individual citizens and the state. Both private and public law relate to whom the law is applicable to. The classic distinction is that private law relates to the relationship between individual citizens, whereas public law relates to the relationship between the citizen and the state.

Which of the following is a defining characteristic of every directive? a) Require implementation into national law. b) May not contain directly effective provisions. c) Has direct applicability. d) Are binding on every Member State

a) Require implementation into national law. Directives are not directly applicable - unlike Regulations, for example - but are 'binding as to the result to be achieved', according to Article 288 TFEU, and therefore must be implemented into national law.Many directives contain provisions which are enforceable in national courts. The proposition that provisions within directives may be given "direct effect", albeit only vertically, dates from Van Duyn (Case 41/74).Directives are not necessarily addressed to every Member State; they are defined in Article 288 TFEU as binding only upon those Member States to which they are addressed.

Which of the following are stages in the passage of primary legislation? Please select all that apply. a) Second reading. b) Committee stage. c) Third Reading. d) Fourth Reading.

a) Second reading. b) Committee stage. c) Third Reading. Bills receive a total of three readings - first, second, and third reading, with the committee and report stage between the second and third readings. There is therefore no 'fourth reading.'

Which of the following statements accurately describe the relationship between Parliamentary Sovereignty and the European Convention on Human Rights? Please select all that apply. a) The European Convention on Human Rights has been incorporated by Parliament into UK law by the Human Rights Act 1998. b) UK courts may strike down legislation which is incompatible with the European Convention on Human Rights c) The UK courts must read and give effect to primary legislation and subordinate legislation in a way which is compatible with the Convention rights in 'so far as it is possible to do so.' d) Certain UK courts may declare that legislation is incompatible with the European Convention on Human Rights.

a) The European Convention on Human Rights has been incorporated by Parliament into UK law by the Human Rights Act 1998. c) The UK courts must read and give effect to primary legislation and subordinate legislation in a way which is compatible with the Convention rights in 'so far as it is possible to do so.' d) Certain UK courts may declare that legislation is incompatible with the European Convention on Human Rights. Under the doctrine of parliamentary sovereignty Parliament is supreme, being able to make and unmake any laws and the courts cannot challenge the validity of an Act of Parliament. The incorporation of the European Convention on Human Rights into UK law gave the courts potentially a yardstick against which to measure the validity of legislation in terms of compatibility with the Convention. The Humans Rights Act 1998 avoided this possibility by enacting ss.3 and 4. Section 3 places a duty upon the UK courts to read and give effect to primary legislation and subordinate legislation in a way which is compatible with the Convention rights in 'so far as it is possible to do so.' Should this not be possible then certain UK courts may declare that legislation is incompatible with the European Convention on Human Rights. It is then for the Government and Parliament to address this compatibility.

Which of the courts below exercise appellate jurisdiction? Please select all that apply. a) The High Court. b) The Crown Court. c) Magistrates' courts. d) House of Lords

a) The High Court. b) The Crown Court. d) House of Lords It is important to note the functions performed by the courts. Some courts act as trial courts, some as appeal courts and some as both. The High Court is both a court of trial and in some instances hears appeals as does the Crown Court. The House of Lords in effect has exclusively appellate jurisdiction.Magistrates' courts are courts of first instance and do not hear appeals.

Which of the following statements are correct? Please select all that apply. a) The Lord Chancellor can reject the candidate selected by the Judicial Appointment Commission for appointment to judicial office. b) The Lord Chancellor can ask the Judicial Appointment Commission to reconsider their decision on a candidate selected for appointment to judicial office. c) The Lord Chancellor has an ultimate right of veto in relation to candidates recommended for appointment to judicial office by the Judicial Appointment Commission. d) The Lord Chancellor must eventually accept the candidate selected for appointment to judicial office by the Judicial Appointment Commission if the three stage process in the Constitutional Reform Act 2005 has been followed.

a) The Lord Chancellor can reject the candidate selected by the Judicial Appointment Commission for appointment to judicial office. b) The Lord Chancellor can ask the Judicial Appointment Commission to reconsider their decision on a candidate selected for appointment to judicial office. d) The Lord Chancellor must eventually accept the candidate selected for appointment to judicial office by the Judicial Appointment Commission if the three stage process in the Constitutional Reform Act 2005 has been followed. The JAC panel will submit a report to the Lord Chancellor with the name of the person recommended for appointment. At this stage the Lord Chancellor can either accept the selection, reject the selection, or ask the panel to reconsider their selection. If the Lord Chancellor rejects a selection, the selection panel may not select that person again. Where the Lord Chancellor requires the panel to reconsider, the panel may select the same person again, or somebody else. There are three stages in the Act through which the selection process can progress if the Lord Chancellor rejects a selection or asks the panel to reconsider. At the third stage, the Lord Chancellor must accept the selection. The new process cannot therefore be thwarted by the Lord Chancellor continually asking a panel to reconsider or rejecting their selection.

The preliminary rulings procedure allows the Court of Justice of the European Union to give rulings concerning the interpretation of... Please select all that apply. a) The Treaty of the European Union. b) The Treaty on the Functioning of the European Union. c) National legislation implementing EU directives. d) EU secondary legislation.

a) The Treaty of the European Union. b) The Treaty on the Functioning of the European Union. d) EU secondary legislation. Article 267 TFEU gives jurisdiction to the ECJ to give preliminary rulings on the Treaties and 'acts of the institutions, bodies, offices or agencies of the Union' - meaning legislative acts, primarily directives and regulations. The Court has no jurisdiction over the interpretation of national legislation.

Which of the following statements concern civil proceedings? Please select all that apply. a) The burden of proof generally falls on a claimant in civil proceedings. b) The standard of proof applicable is that of the balance of probabilities. c) Following a civil trial a defendant may be found to be liable. d) The standard of proof applicable is that of beyond reasonable doubt.

a) The burden of proof generally falls on a claimant in civil proceedings. b) The standard of proof applicable is that of the balance of probabilities. c) Following a civil trial a defendant may be found to be liable. It is important to use the correct terminology when describing civil and criminal proceedings. The language is not interchangeable and there are a number of significant differences, for example, the different standards of proof.

In using Hansard as an aid to the interpretation of a statute which of the following are requirements for such use? Please select all that apply. a) The legislation must be ambiguous or obscure or a literal interpretation would lead to an absurdity. b) The statement or statements relied on were made by the minister or other promoter of a Bill. c) The statements relied upon are clear. d) Any statements made in Parliament about the meaning of the words used in a Bill.

a) The legislation must be ambiguous or obscure or a literal interpretation would lead to an absurdity. b) The statement or statements relied on were made by the minister or other promoter of a Bill. c) The statements relied upon are clear. Hansard may only be used in limited circumstances. These are threefold: the legislation must be ambiguous or obscure or a literal interpretation would lead to an absurdity; the statement or statements relied on were made by the minister or other promoter of a Bill; and the statements relied upon are clear. Only statements made by a minister or other promoter of a Bill may be used; it is not permissible to use statements by other members of Parliament even if about the meaning of the words of a Bill.

Which of the following are internal aids to construction and may be used in the interpretative process? Please select all that apply. a) The long title. b) Headings. c) Side or marginal notes. d) Punctuation.

a) The long title. b) Headings. c) Side or marginal notes. d) Punctuation. All of the features identified are internal aids to construction and may be used to some degree in interpreting an Act of Parliament. While the long title may be amended during the passage of a Bill through Parliament, cross-headings, side or marginal notes and punctuation may not be so amended and in consequence it was argued do not represent the intention of Parliament. Nonetheless Lord Reid in DPP v Schildkamp [1971] AC 1 said 'it may be more realistic to accept the Act as printed as being the product of the whole legislative process, and to give due weight to everything found in the printed Act ...'

All English courts are bound by the decisions of the Court of Justice of the European Union. a) True b) False

a) True All English courts, including the House of Lords/Supreme Court, are bound by the Court of Justice of the European Union.

A Bill becomes an Act only when it receives Royal Assent. a) True b) False

a) True Although it is now a formality, it is nevertheless a vital stage in the passage of an Act of Parliament. Only when a Bill receives Royal Assent does it become an 'Act of Parliament.' Note that the Act will not necessarily have legal force. Many sections of statutes are only brought into force later (by commencement order), if ever!

A suspect can usually only be questioned about an offence at a police station or other authorised place of detention. a) True b) False

a) True Code C provides that any questioning of a suspect about an offence is to be regarded as an interview. Code C also provides that an interview may normally only be conducted at a police station or other authorised place of detention.

Juries are responsible for deciding the verdict in less than 5% of all criminal trials in England & Wales. a) True b) False

a) True Magistrates deal with approximately 95% of all criminal trials. Even in those cases where the jury is involved, the defendant may choose to plead guilty in which case the jury is not required.

The impact of Part 3 of the Legal Services Act 2007 will be to allow other authorised persons, for instance non-solicitors and barristers, to undertake 'reserved legal activity'. a) True b) False

a) True Part 3 allows authorised persons to undertake reserved legal activity, outlined in section 12 of the Act and including probate, exercising rights of audience and the administration of oaths.

The courts may refer to the side or marginal notes of a statute as an aid to interpretation. a) True b) False

a) True The side notes to a section may be used as an indication of the purpose of the section. However, the notes must be used with caution as they are not debated in Parliament and therefore must be accorded less weight.

The creation of a Supreme Court for the whole of the UK reinforces the separation of legislative and judicial power and strengthens judicial independence. a) True b) False

a) True With the creation of the Supreme Court, the Law Lords will no longer be entitled to sit in the legislative chamber of the House of Lords.

Jury waiver... [Please select all that apply.] a) describes the situation where the defendant can request trial without a jury. b) is widely available in many Commonwealth countries, such as Australia and Canada. c) is available in England & Wales, on request by the defendant. d) is available in England & Wales, but only where the trial judge gives their approval.

a) describes the situation where the defendant can request trial without a jury. b) is widely available in many Commonwealth countries, such as Australia and Canada. Jury waiver is widely available in many Commonwealth countries (see e.g. R v Turpin & Siddiqui [1989] 1 SCR 1296, Supreme Court of Canada). It is the situation where the accused requests trial without a jury. It is not available in England & Wales in any circumstances. The government proposed introducing 'jury waiver' in the 'Justice for All' White Paper in 2002 and included it in the Criminal Justice Bill in 2002 but objections in Parliament led to the clause being dropped.

The Parliament Act procedure - allowing the passage of a Bill without the consent of the House of Lords - includes the requirements that... Please select all that apply. a) the Bill must have been rejected twice by the House of Lords. b) the Bill must have been passed by the House of Commons in successive sessions. c) at least two years must have elapsed between the date of the second reading in the first Commons session and the date of the third reading in the Commons in the second session. d) the Bill must deal with a matter of major constitutional importance.

a) the Bill must have been rejected twice by the House of Lords. b) the Bill must have been passed by the House of Commons in successive sessions. At least one year must have elapsed between the date of the second reading in the first Commons session and the date of the third reading in the Commons in the second session. There is no requirement that the Bill deal with any particular subject area (although 'money bills' are subject to a special procedure). For example, the Hunting Act 2004 was passed under the Parliament Act procedure and that Bill did not deal with a matter of major constitutional importance.

Section 17 of the Juries Act 1974 permits majority verdicts. Assuming a normal Crown Court jury of 12 people, what is the minimum number of jurors needed to agree on a guilty verdict? a) 11 b) 10 c) 9 d) 8

b) 10 Ten is the minimum number. Although nine is permitted by s.17(1)(b) of the Juries Act 1974, this is only when the total number of jurors has dropped to ten.

What kind of "system" does England and Wales operate under? a) A civil law system b) A common law system c) An equitable system d) None of the options given are correct

b) A common law system The English legal system is a common law system. A common law system is judge-centred based on judicial precedent established through case law. Civil law systems, on the other hand, are codified bodies of principles which control the exercise of judicial discretion. Most European countries adopt a civil law approach.

A case will always only have one ratio decidendi. a) True b) False

b) False A case may have more than one ratio decidendi. Whether a case has more than one ratio decidendi depends upon the number of issues that a court is asked to decide and which impact upon the decision to be reached in a case.

A conditional fee agreement and a contingency fee agreement are the same. a) True b) False

b) False A conditional fee agreement is not the same as a contingency fee agreement. A conditional fee agreement, where a client is successful, allows a solicitor to claim costs plus a success fee calculated on the basis of a percentage of the solicitor's costs. A contingency fee agreement would allow a lawyer to claim a percentage of the damages recovered in a court case. The latter agreement is not enforceable in English law as linking the lawyer's remuneration to the amount of damages awarded, it is argued, may lead to unscrupulous practices as the lawyer tries to win a case.

A breach of any of the requirements of PACE or the Codes of Practice means that evidence obtained as a result of the breach will always be inadmissible in any subsequent criminal proceedings. a) True b) False

b) False A failure to comply with the requirements of PACE or the Codes of Practice does not automatically mean that any evidence obtained as a result will be inadmissible in subsequent criminal proceedings. A breach of PACE or the Codes of Practice is merely a factor that may be taken into account by the court in deciding whether or not evidence is admissible (PACE s.67).

Judgments of the European Court of Human Rights are not binding on the UK courts and therefore need not be considered by such courts. a) True b) False

b) False By s.2(1) of the Human Rights Act 1998 a court or tribunal when determining an issue relating to a Convention Right 'must take into account,' inter alia, any judgment of the European Court of Human Rights whenever made or given. So the UK courts, while not bound by judgments of the European Court of Human Rights, must consider such judgments.

A consolidating Act brings together all statutory provisions and case law on a particular subject area. a) True b) False

b) False Consolidating legislation brings together in one Act of Parliament all the statutory provisions on a particular subject area. The description in the statement is that of a codifying, not a consolidating, statute.

The courts when interpreting a statute may not refer to the records of parliamentary debates. a) True b) False

b) False Following the case of Pepper v Hart [1993] AC 593 the House of Lords said that reference could be made to the reports of parliamentary debates when interpreting a statute but within limits. Subsequent judicial statements have cast doubt on the usefulness of such references.

The UK Parliament must adopt primary legislation in order to incorporate EU directives into UK law. a) True b) False

b) False It is correct to say that the UK Parliament must adopt legislation in order to incorporate EU directives into UK law, but it is not correct to say that this must be primary legislation. In fact, most directives are incorporated using secondary legislation.

Magistrates are appointed following the recommendation of a local advisory committee and must be qualified as a solicitor or barrister. a) True b) False

b) False Magistrates need have no legal training, although they are required to undertake practical training to prepare them for their role.

The UK Government by signing the European Convention on Human Rights incorporated the Convention into UK law. a) True b) False

b) False Merely being a signatory to an international treaty does not incorporate treaty obligations into UK law. An Act of Parliament is required to incorporate such obligations in to UK law. So the Convention on Human Rights only became part of UK law when the Human Rights Act 1998 came into effect.

Obiter dicta have binding precedent authority. a) True b) False

b) False Obiter dicta are not binding but do have precedent authority in that they are said to be persuasive. This means that later courts may use obiter statements of law, but are not bound to do so.

Public Defenders are employed directly by the Legal Services Commission to undertake civil defence work. a) True b) False

b) False Public Defenders are employed directly by the Legal Services Commission to undertake criminal defence work.

A person who attends a police station voluntarily has the same status as an arrested person and may not leave the police station without permission. a) True b) False

b) False Section 29 of PACE provides that a person who attends a police station voluntarily may leave at any time unless he is arrested.

Where the defence contend that a confession is inadmissible under s.76 PACE, it is for the defence to prove beyond reasonable doubt that the confession was obtained by oppression or as a consequence of something said or done that, in the circumstances, rendered it unreliable a) True b) False

b) False Section 76 of PACE provides that a confession will be inadmissible either if it was obtained by oppression or if it was obtained in consequence of anything said or done that was likely, in the circumstances, to render it unreliable. However, it is the prosecution who will seek to rely on the confession and it is therefore for the prosecution to prove beyond reasonable doubt that the confession was not so obtained.

A police officer always requires a warrant to enter and search premises. a) True b) False

b) False Sections 17, 18 and 32 of PACE all allow police officers to enter and search premises without a warrant where the conditions set out in those sections are met. For example, under s.17 of PACE, a police officer may enter and search premises without a warrant for the purpose of saving life or limb, or to arrest a person for an indictable offence.

Solicitors may not be sued in negligence where a failure to perform their work with reasonable care and skill has caused loss to someone to whom they owe a duty of care. a) True b) False

b) False Solicitors may be sued for negligence, where a failure to perform their work with reasonable care and skill has caused loss to someone to whom they owed a duty of care, such as a client or beneficiaries under a will - see White v Jones [1995] 2 AC 207.

When a defendant in a Crown Court trial is from an ethnic minority, they can insist that three members of the jury are also from an ethnic minority. a) True b) False

b) False The Court of Appeal rejected such a request in R v Ford [1989] QB 868, which was confirmed in R v Smith (Lance Percival) [2003] EWCA Crim 283.

In criminal proceedings an indictable offence must be tried before the Crown Court. a) True b) False

b) False The answer depends upon whether or not the offence is triable either way. If the offence is triable either way then it may be tried either in the Crown Court or in a magistrates' court. Only indictable offences triable on indictment must be tried in the Crown Court.

The European Court of Justice determines issues relating to the interpretation or application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950). a) True b) False

b) False The court determining issues relating to the interpretation or application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) is the European Court of Human Rights. The European Court of Justice determines issues relating to European Union law.

"Indirect Effect" requires judges in national courts to re-write national legislation so that it is compatible with any relevant EU directive. a) True b) False

b) False The doctrine of indirect effect requires judges in national courts to adopt an interpretation of national legislation so that it is compatible with any relevant EU directive, but only insofar as it is possible to do this without distorting the national legislation. In any case, judges are not permitted to re-write legislation.

The Treaty of Lisbon contains all of the fundamental rules of EU law. a) True b) False

b) False The fundamental rules of EU law are contained in the Treaty on European Union (as amended by the Treaty of Lisbon) and the Treaty on the Functioning of the European Union.

The courts must apply the literal, golden and mischief rules in interpreting a statute. a) True b) False

b) False There is no compulsion on the courts to apply the rules of statutory interpretation. The so called 'rules' are tools that may be used by the courts in the process of interpretation.

In criminal trials if the burden of proof is placed on a defendant, the standard of proof is that of beyond reasonable doubt. a) True b) False

b) False When a burden of proof falls on a defendant in a criminal trial, the standard of proof is that of the balance of probabilities. In criminal trials the burden of proving the guilt of a defendant falls on the prosecution and such guilt must be established beyond reasonable doubt.

The House of Lords Act 1999 removed all of the hereditary peers from the House of Lords. a) True b) False

b) False When the House of Lords Bill was introduced into Parliament, it stated that 'no-one' shall be a member of the House of Lords by virtue of a hereditary peerage. However, the Bill was amended in Parliament and a clause was added allowing 92 hereditary peers to remain.

Which of the following categories are ineligible to become M.P.s? Please select all that apply. a) Anyone aged under 21. b) Members of the House of Lords. c) Aliens. d) Anyone aged over 65.

b) Members of the House of Lords. c) Aliens. The minimum age limit for someone to become an M.P. is 18 (lowered from 21 by the Electoral Administration Act 2006) and there is no upper age limit. No-one can be a member of both Houses of Parliament simultaneously, so members of the House of Lords cannot also be M.P.s. Generally speaking, 'aliens' are excluded, although Commonwealth and Irish nationals would be eligible to a seat in the house of Commons if elected.

PC Smith sees a man climbing into a house through a broken window. PC Smith suspects that the man is burgling the house and wishes to arrest him. Which of the following definitely would not on its own give PC Smith the power to arrest the man under s.24 of the Police and Criminal Evidence Act (PACE) 1984? a) PC Smith asks the suspect his name and the suspect replies 'Mickey Mouse!' b) PC Smith is aware that if charged and convicted of burglary, the suspect is likely to receive a prison sentence. c) Upon seeing PC Smith, the suspect begins to run away. d) Upon seeing PC Smith, the suspect says 'I know it was John who called the police. I'm going to go straight round to his house and stab him for grassing me up!'

b) PC Smith is aware that if charged and convicted of burglary, the suspect is likely to receive a prison sentence. A police officer may arrest without a warrant anyone whom the officer has reasonable grounds to suspect is in the act of committing an offence (s.24 PACE). PC Smith appears to have reasonable grounds to believe that the man is committing burglary. However, under s.24 PACE, a police officer may only exercise his power of arrest if he also has reasonable grounds to believe that the arrest is necessary for one of the reasons specified in s.24(5).One of these reasons is that the arrest is necessary to enable the person's name or address to be ascertained. Here the suspect has given an obviously false name, so the arrest appears to be necessary.Another includes preventing any prosecution for the offence from being hindered by the disappearance of the person in question. Here the suspect is attempting to run away, so the arrest appears to be necessary to prevent his disappearance.Also included is preventing the person in question causing physical injury to himself or any other person. Here the arrest would appear to be necessary to prevent the suspect from causing physical harm to John.The fact that a custodial sentence is likely to result if the suspect is eventually convicted, does not of itself make arrest necessary under s.24(5).

Which of the following accurately reflects the distinction between substantive and procedural law? a) Substantive law reflects the rules on procedure and evidence. Procedural law reflects the elements or conditions for the law to apply b) Procedural law reflects the rules on procedure and evidence. Substantive law reflects the elements or conditions for the law to apply c) Substantive law and procedural law are synonymous d) None of the options given are correct

b) Procedural law reflects the rules on procedure and evidence. Substantive law reflects the elements or conditions for the law to apply Procedural law deals with the practical application and operation of the substantive law which is concerned with the law itself and the elements of the law which must be satisfied before they apply to an individual.

Which of the following is the correct statement of law? a) The law of the United Kingdom b) The law of England and Wales c) The law of England, Wales and Northern Ireland d) The law of England and Scotland

b) The law of England and Wales We speak of the English legal system given that Scotland and Northern Ireland have a legal system separate to our own, through the process of devolution.

Which of the following is not a right that a detainee normally has whilst in police custody? a) The right to consult a solicitor. b) The right to be transferred to a police station of his choosing. c) The right to have someone notified of his whereabouts. d) The right to three meals within every 24 hour period.

b) The right to be transferred to a police station of his choosing. This selection is correct. The rights that a detainee has whilst in police custody are set out in PACE and in Code C. They do not include the right to be transferred to a police station of his choosing. All of the other rights are included.

Which of the following are ineligible for jury service? a) Members of Parliament. b) Those with a mental disorder. c) Police officers. d) Judges.

b) Those with a mental disorder. Prior to the Criminal Justice Act 2003, MPs were entitled to be excused, but they were not ineligible. The excusal entitlement was removed when the 2003 Act came into force.Police officers and the judiciary were ineligible prior to the Criminal Justice Act 2003, but that ineligibility was removed when the 2003 Act came into force.

A Private Members' Bill may be described as a prospective piece of legislation which.... a) contains elements of public and private bills. b) has been introduced by a back-bench MP. c) is for the benefit of a particular locality or person. d) has been introduced by a member of the general public.

b) has been introduced by a back-bench MP. Back-bench MPs have opportunities throughout the Parliamentary session to introduce Bills. For example, the Abortion Act 1967 was originally a Private Members' Bill.

The 'negative laying procedure' for statutory instruments requires... a) that both Houses of Parliament give their approval. b) that a statutory instrument is laid before Parliament for 40 days, during which time the instrument may be annulled. c) that a statutory instrument is laid before Parliament for 40 weeks, during which time the instrument may be annulled..incorrect d) the approval of the Parliamentary Joint Committee on Statutory Instruments.

b) that a statutory instrument is laid before Parliament for 40 days, during which time the instrument may be annulled. The Parliamentary Joint Committee on Statutory Instruments may have a role to play, in that they examine statutory instruments to see if the Instrument has any unusual features, such as retrospective effect, or makes 'unusual or unexpected' use of the powers conferred by the enabling Act, etc. However, the approval of the Committee is not a requirement.

Which of the following statements is correct? a) A barrister can be instructed directly by any member of the public in all types of legal work. b) The Bar Council undertakes both a representative and regulatory role for barristers. c) Barristers can be sued for negligence in relation to anything done by them in preparing a case for court or in court itself. d) All barristers are self employed.

c) Barristers can be sued for negligence in relation to anything done by them in preparing a case for court or in court itself. The restriction on suing a barrister in negligence was removed in July 2000 following Arthur JS Hall & Co v Simons [2002] 1 AC 615

Which of the following statements best describes a "legal personality"? a) Natural persons only b) Artificial persons only c) Both natural and artificial persons d) None of the options given are correct

c) Both natural and artificial persons The Law only affects legal personalities which includes both natural and artificial persons.

Which of the following courts are bound by precedents of a divisional court of the High Court? Please select all that apply. a) Court of Appeal b) Divisional court of the High Court exercising supervisory jurisdiction c) Crown Court d) A county court

c) Crown Court d) A county court The hierarchy of the courts indicates that as the Crown Court and county courts are lower in the hierarchy than a divisional court they are bound by precedents of that court. The Court of Appeal stands above a divisional court in the hierarchy and is therefore not bound. A divisional court when exercising appellate jurisdiction is normally bound by its previous precedents but in relation to supervisory jurisdiction, which is in the nature of first instance jurisdiction, a divisional court is not bound by its own previous precedents.

What was the effect of the Scotland Act 1998? a) It legally renamed the Scottish Executive to the Scottish Government b) Allowed Scotland to set their own income tax rates c) Established the Scottish Parliament d) None of the options given are correct

c) Established the Scottish Parliament The Scotland Act 1998 was one of the first major pieces of legislation which granted devolved power to Scotland. In turn, it created the Scottish Parliament and the Scottish Executive (which was later renamed by the Scotland Act 2012). The Scotland Act 2016 allowed Scotland to set their own income tax rates.

Which of the following statements is correct? a) Judges may be sued in connection with the exercise of their jurisdiction. b) To preserve their independence, judges are not allowed to chair politically related inquiries. c) Judges salaries are charged on the Consolidated Fund, a Fund that is not subject to an annual Parliamentary vote. d) Judges may be sued in defamation in respect of statements made by them in the exercise of their judicial office.

c) Judges salaries are charged on the Consolidated Fund, a Fund that is not subject to an annual Parliamentary vote. The Consolidated Fund is not subject to an annual Parliamentary vote, so judicial salaries are not the matter of political debate.Judges are immune from being sued in connection with the exercise of their jurisdiction.Judges may be requested to chair royal commissions and tribunals of inquiry. Inevitably, such activity places judges in the political arena.In relation to defamation, absolute privilege attaches to statements made by judges in the execution of their judicial office.

Identify the main permanent body established to keep the law under review with 'a view to its systematic development and reform'. a) Royal Commissions. b) The Ministry of Justice. c) The Law Commission. d) The courts.

c) The Law Commission. The Law Commission is a permanent body under a duty 'to take and keep under review all the law with which they are respectively concerned with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law...' Royal Commissions have a law reform function but they are not permanent bodies. Royal Commissions are appointed to deal with particular issues or events. While the Ministry of Justice has some law reform functions it is not the main permanent body responsible for recommending changes to the law. The courts do have a role to play in changing the law, but it is limited. First within the constraints of the doctrine of judicial precedent the courts may change the common law. However, sometimes the doctrine prevents further development of the law and so the courts signal to Parliament that the law needs to be amended.

Identify the statement which most accurately describes the precedent practice in the Supreme Court/House of Lords. a) The Supreme Court/House of Lords is bound, but may depart from its previous decisions if they are considered to be wrong. b) The Supreme Court/House of Lords is always bound by its previous decisions. c) The Supreme Court/House of Lords is normally bound, but may depart from its previous decisions when it appears right to do so. d) The Supreme Court/House of Lords is not bound by its previous decisions.

c) The Supreme Court/House of Lords is normally bound, but may depart from its previous decisions when it appears right to do so. The Practice Statement (Judicial Precedent) [1966] 1 WLR 1234 states that the House of Lords is not strictly bound by its previous decisions and may depart when it appears right to do so.

In Coltman v Bibby from which source did Lord Oliver discover the purpose of the Employer's Liability (Defective Equipment) Act 1969? a) The purpose was to be found by reading s.1(3) of the 1969 Act which gave a partial definition of the word 'equipment.' b) The purpose was to be found by use of the golden rule. c) The purpose of the 1969 Act was to be found in the long title to the Act. d) The purpose of the 1969 Act was to be found in a dictionary.

c) The purpose of the 1969 Act was to be found in the long title to the Act. Lord Oliver found that the long title to the Act indicated the Act's purpose. The long title is a legitimate aid to interpretation.

Which of the following statements most accurately states the approach of the UK courts to the interpretation of legislation under s.3 of Human Rights Act 1998? a) The UK courts must find an ambiguity in legislation in order to be able, under s.3, to read the legislation in a way which is compatible with the Convention rights. b) The UK courts cannot give an interpretation to the words used in a piece of legislation that the words will not bear. c) Under s.3 of Human Rights Act 1998 the UK courts may give a linguistically strained meaning to the words used in legislation, even reading words in, to ensure compatibility with Convention rights. d) The UK courts may give the words used in a piece of legislation a linguistically strained meaning but cannot read words into legislation.

c) Under s.3 of Human Rights Act 1998 the UK courts may give a linguistically strained meaning to the words used in legislation, even reading words in, to ensure compatibility with Convention rights. The UK courts may give a linguistically strained meaning to the words used in legislation in order to ensure compatibility with Convention rights. It is also possible under s.3 for the courts to read words into legislation to achieve compatibility. However, the duty to ensure compatibility is qualified by the words 'in so far as it is possible to do so.'

When do Acts of Parliament come into force? a) Acts of Parliament always come into force at the beginning of the day on which Royal assent is given. b) Acts of Parliament always come into force on the date of the Royal Assent. c) Acts of Parliament always come into force on a date specified by the minister responsible for the passage of the Act. d) Acts of Parliament come into force on the date of the Royal Assent, unless another commencement date is expressly stated.

d) Acts of Parliament come into force on the date of the Royal Assent, unless another commencement date is expressly stated. When Acts of Parliament come into operation depends upon the presence or absence of a Commencement section in an Act. If there is no commencement section an Act of Parliament comes into effect on the date of the Royal Assent; if there is a Commencement section then an Act will come into force in accordance with such provisions. If an Act of Parliament comes into force on the date of the Royal Assent then the Act will come into operation at the beginning of that day

Which of the following statements best describes the function of a legal system? a) Protection of individual rights and liberties b) Maintenance of public order c) Conferral of obligations d) All of the options given are correct

d) All of the options given are correct Law plays an important part in all of these areas, plus more. The list is not, however, exhaustive.

Which of the following are not entitled to invoke the preliminary rulings procedure? a) The Supreme Court of the UK. b) An Employment Tribunal. c) A magistrates' court. d) An arbitrator.

d) An arbitrator. Article 267 TFEU states that any national court may seek a ruling, and one against whose decisions there is no judicial remedy 'shall' do so. The UK's Supreme Court is therefore not only entitled to seeking a ruling but must do so (subject to certain exceptions). An arbitrator resolves legal disputes but does not satisfy the criteria for being a 'court or tribunal', according to the ECJ in Nordsee (Case 102/81), because of the lack of compulsory jurisdiction.

Which of the following is the most accurate description of civil law? a) Civil law is an aspect of public law b) Civil law relates to controlling conduct or wrong-doing of which it disapproves c) Civil law relates to the enforcement of particular forms of behaviour d) Civil law is a form of private law and involves the relationships between individuals

d) Civil law is a form of private law and involves the relationships between individuals Civil law is the legal mechanism through which individuals can assert claims against others and have those rights adjudicated and enforced. It aims to settle disputes between individuals; it is not concerned with punishment as such. Civil law involve a matter of public law (i.e. it involves an arm of the state) but this is not always the case.

Which of the following statements most accurately reflects the approach to be adopted by a UK court when faced by a binding precedent under domestic law which conflicts with the European Convention on Human Rights? a) All courts may ignore the binding precedent. b) By s6(1) of Human Rights Act 1998 it is unlawful for a court to act incompatibly with a Convention right and so a court must ignore a conflicting binding precedent. c) The superior courts may refuse to follow a conflicting precedent. d) Courts lower than the House of Lords must follow a binding precedent even where it conflicts with a Convention right; any conflict may be dealt with by the House of Lords.

d) Courts lower than the House of Lords must follow a binding precedent even where it conflicts with a Convention right; any conflict may be dealt with by the House of Lords. Not all courts have a discretion to ignore a binding precedent even where it conflicts with a Convention Right. Only the Supreme Court may attempt to resolve such a conflict.Following Kay and others v Lambeth London Borough Council [2006] 2 AC 465 the House of Lords has indicated that lower courts are to follow binding precedents even if such precedent conflicts with a Convention right.In Kay and others v Lambeth London Borough Council [2006] 2 AC 465 it was decided that the ordinary rules of precedent applied, the lower courts should follow the decisions of the higher courts.

Which of the following statements best describes the process of distinguishing? a) Distinguishing occurs when a higher court changes the decision reached by a lower court. b) Distinguishing occurs when a court changes the law stated in a previous case. c) Distinguishing occurs when a court indicates that the facts of a previous case and those of the instant case are different. d) Distinguishing occurs when a court indicates that the material facts of a previous case and those of the instant case are different.

d) Distinguishing occurs when a court indicates that the material facts of a previous case and those of the instant case are different. Distinguishing is based upon highlighting differences in the material facts of cases. Such differences allow a court to avoid applying the ratio decidendi of a previous case. Distinguishing does not change either the decision or the rule of law in the previous case.

To what extent may Explanatory Notes be used when interpreting a statute? a) Explanatory Notes may only be used in instances of ambiguity. b) Explanatory Notes may only be used in instances of uncertainty in the words of a statute. c) Explanatory Notes as part of a statute may always be used in determining what the words of a statute mean. d) Explanatory Notes may be used as they cast light on the context of the statute and the mischief at which it is aimed.

d) Explanatory Notes may be used as they cast light on the context of the statute and the mischief at which it is aimed. The Explanatory Notes give the context of an Act and an indication of what the Act is intended to achieve. The courts may look at the Explanatory Notes to determine the mischief behind the statute.

The Court of Appeal (Civil Division) is bound by its own previous decisions, subject to certain exceptions. Which of the following is not an exception? a) The Court of Appeal is not bound where it is faced by two conflicting decisions of its own; it must choose which decision to follow. b) The Court of Appeal is not bound where one of its previous decisions, though not expressly overruled, cannot stand with a decision of the House of Lords. c) The Court of Appeal is not bound where its previous decision was given per incuriam. d) The Court of Appeal is not bound where its previous decision is wrong.

d) The Court of Appeal is not bound where its previous decision is wrong. Even if the Court of Appeal believes that one of its previous decisions is wrong this is not sufficient to allow the court to depart from it. The necessity for certainty in the law is the main concern and any change to the law should be left to the final court of appeal the House of Lords. The other answers show an exception which was established by Young v Bristol Aeroplane Co Ltd [1944] KB 718.

'Ping pong' is the informal name given to which of the following situations? a) When a Bill moves from its second reading in the House of Commons to committee and then back to the House of Commons for the report stage. b) When a Bill has not completed all its stages by the end of the Parliamentary session, when Parliament is prorogued, but the Bill is allowed to continue at the start of the next session. c) When the provisions of a statute have been declared incompatible with the European Convention of Human Rights, and a government minister uses his powers under the Human Rights Act 1998 to amend the Act. d) When a Bill has been passed by one House, and then passed by the other House but with amendments, it then has to pass back and forth between the two Houses until full agreement is reached (if ever).

d) When a Bill has been passed by one House, and then passed by the other House but with amendments, it then has to pass back and forth between the two Houses until full agreement is reached (if ever). Note: the term 'ping pong,' although rather informal, is used on the official UK Parliament website, www.parliament.uk to refer to the situation when a Bill shuttles back and forth between the two Houses of Parliament. Answer b) describes the 'carry over' situation. The power in answer c) does exist. Judges may make a 'declaration of incompatibility' under s.4 of the Human Rights Act 1998, after which a government minister can pass a remedial order in order to remove the incompatibility under s.10 of the 1998 Act. However, 'ping pong' refers to the situation when a Bill shuttles back and forth between the two Houses of Parliament.