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Diagnostic test
Return to English Legal System Concentrate 2e Student Resources
Diagnostic test
Quiz Content
*
not completed
What kind of "system" does England and Wales operate under?
A civil law system
correct
incorrect
A common law system
correct
incorrect
An equitable system
correct
incorrect
None of the options given are correct
correct
incorrect
*
not completed
What is the difference between an adversarial and inquisitorial approach to the legal system?
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.
correct
incorrect
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.
correct
incorrect
An adversarial approach is used in criminal cases whereas an inquisitorial approach is used in civil cases.
correct
incorrect
An inquisitorial approach is used in criminal cases whereas an adversarial approach is used in civil cases.
correct
incorrect
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not completed
Which of the following statements accurately describes a summary-only offence?
An offence that can only be tried in the Crown Court
correct
incorrect
An offence that can only be tried in the magistrates' court
correct
incorrect
An offence that can be tried in either the Crown Court or the magistrates' court
correct
incorrect
An offence that can only be tried in the High Court
correct
incorrect
*
not completed
What was the effect of the Constitutional Reform Act 2005?
The House of Lords was abolished in its entirety
correct
incorrect
The Court of Appeal ceased to exist
correct
incorrect
The House of Lords and Supreme Court sit alongside each other and the person bringing the case now has a choice of which court to bring their case
correct
incorrect
The appellate function of the House of Lords ceased to exist and the Supreme Court came into existence
correct
incorrect
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not completed
When does an Act of Parliament enter into force?
Upon Royal Assent always
correct
incorrect
Either on the commencement date stated in the statute, or where the statute is silent, upon Royal Assent.
correct
incorrect
On the day the House of Lords pass the Bill.
correct
incorrect
None of the options given are correct
correct
incorrect
*
not completed
What is a convention?
Rules of law that provide when Ministers must resign
correct
incorrect
Unwritten principles relating to appropriate constitutional behaviour
correct
incorrect
Rules about when Parliament should sit
correct
incorrect
Written rules on the role of the Monarch
correct
incorrect
*
not completed
According to
Bristol Aeroplane
, the Court of Appeal is generally bound by its own previous decisions subject to three exceptions. Which one of the following is
not
an exception to the rule?
Where a previous Court of Appeal decision conflicts with a House of Lords or Supreme Court decision
correct
incorrect
Where the previous decision was made
per incuriam
.
correct
incorrect
Where there are two or more conflicting Court of Appeal authorities and the present court must choose between them
correct
incorrect
Where the defendant's liberty is at stake
correct
incorrect
*
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Which of the following is
not
a form of persuasive authority?
Judgments from the Court of Justice of the European Union
correct
incorrect
Decisions from other countries
correct
incorrect
Academic commentary
correct
incorrect
Judgments from the European Court of Human Rights
correct
incorrect
*
not completed
In relation to the supremacy of the EU, which of the following statements is most accurate?
The UK is not bound by European law in any way whatsoever
correct
incorrect
In areas where it is applicable, UK law supersedes any European law to the contrary
correct
incorrect
In areas where it is applicable, European law supersedes any existing UK law to the contrary
correct
incorrect
The UK may choose to apply European law if it wishes
correct
incorrect
*
not completed
Which for the following is
not
an absolute right guaranteed by the European Convention on Human Rights?
Right to life
correct
incorrect
Freedom from slavery
correct
incorrect
Freedom from torture
correct
incorrect
Right to a private and family life
correct
incorrect
*
not completed
What is the meaning of a "puisne judges"
A District Judge
correct
incorrect
A High Court Judge
correct
incorrect
A Recorder
correct
incorrect
A Circuit Judge
correct
incorrect
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The justices' clerk is permitted to advise magistrates on which matters?
Fact only
correct
incorrect
Fact and Law
correct
incorrect
Law only
correct
incorrect
None of the options given is correct
correct
incorrect
*
not completed
In order to try a defendant for a summary offence in the magistrates' court, the information must be laid before him within what time period?
Within 6 months of the alleged offence
correct
incorrect
Within 6 months of being first questioned by the police
correct
incorrect
Within 12 months of the alleged offence
correct
incorrect
There is no time period
correct
incorrect
*
not completed
An appeal "by way of case stated" is appeal from what, and to which, court?
From the magistrates' court to the Crown Court
correct
incorrect
From the magistrates' court to the Divisional Court
correct
incorrect
From the Crown Court to the Court of Appeal
correct
incorrect
From the Divisional Court to the Supreme Court
correct
incorrect
*
not completed
Which of the following is the most accurate description of arbitration?
An informal meeting between the parties involving a discussion as to how the issue may be resolved
correct
incorrect
An adjudicative process where the parties submit their dispute, for a binding decision, to an impartial tribunal.
correct
incorrect
A meeting between the parties where an impartial third party facilitates discussions
correct
incorrect
None of the options given is correct
correct
incorrect
*
not completed
The Ombudsman is responsible for investigating what kind of conduct?
Maladministration
correct
incorrect
Poor administration
correct
incorrect
Deficient administration
correct
incorrect
None of the options given is correct
correct
incorrect
*
not completed
Which of the following is excluded from the provision of legal aid as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
Human rights cases
correct
incorrect
Employment cases
correct
incorrect
Habeas corpus
cases
correct
incorrect
Protection from harassment cases
correct
incorrect
*
not completed
Which of the following accurately describes the position of legal aid in relation to the right to a fair trial?
A defendant has a qualified right to legal aid where there is a lack of means to pay for services and such aid is necessary in the interests of justice
correct
incorrect
A defendant has an absolute right to legal aid
correct
incorrect
A defendant has a qualified right to legal aid where there is a lack of means to pay for services
correct
incorrect
A defendant had no right to legal aid
correct
incorrect
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