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Chapter 1 MCQs
Return to Law for Social Workers 15e Student Resources
Chapter 1 MCQs
The legal system in England and Wales
Quiz Content
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How does statute law change when cases are taken to court?
Through a parliamentary process
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Following 'Court case decisions' made by judges
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The statute can be ignored
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Where a criminal element is central to the case
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incorrect
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What is meant by 'Public Law' cases?
These are cases held in an 'open court'
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The general public have a right to see the details of each case
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These cases ensure public bodies (or those exercising statutory functions on behalf of public bodies) conform to established standards
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Such cases lead to better public awareness of professional social work
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The 'Wednesbury principles' established in 1948 are still utilised today by Courts to test the 'reasonableness' of a decision, with regard to Local Authorities, what does this test of reasonableness do?
Establish whether a Local Authority has made a decision beyond its powers 'ultra vires'
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Confirm that the Judge agrees with the Local Authority decision
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Ensure that all staff act in a 'reasonable' manner when carrying out their role
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Check that decisions are made in a person's best interests
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Any intervention into a family's life must meet the Human Rights Act 1998 and not overstep their rights, how is this expressed in professional practice?
Rights based interventions
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Person Centred engagement
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Socio-effective risk management
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Proportionate action to the degree of risk
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Social Workers will primarily use law set out in 'statutory instruments' which are also described as 'delegated or secondary legislation', what is their purpose?
To highlight errors within the original legislation
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To offer finer detail and practical direction on how the legislation should be followed
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To allow Local Authorities to challenge Court decisions
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To determine how effective the primary or underlying legislation is in practice
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Which of the following definitions of a 'power' and a 'duty' within legislation are true?
A power is something you must always perform to address need and a duty identifies what the role is of the relevant professional enacting the legislation
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A power is something that may be exercised but an individual or authority is not always obliged to, whilst a duty is something that must be done no matter what challenges may need to be overcome
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There are key differences between Criminal and Civil Court proceedings and how a conviction is established, Which of the following definitions are correct? (there may be more than one correct answer)
Criminal convictions are acceptable when most of the Jury agree with the prosecution arguments
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Civil convictions are established if it is at least 50% likely that the unlawful act took place
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Civil convictions can only be made when the case is heard in Crown Court
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Criminal convictions must prove guilt beyond 'reasonable doubt'
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Family proceedings, which deal with (for example) child arrangement orders, adoption and non-molestation orders are managed by the Family Court which was established as a single entity by which of the following?
The Adoption and Children Act 2002
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The Children and Families Act 2014
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The Crime and Courts Act 2013
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The Family Court Act 2012
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Which tribunal would consider a case where a professional such as a social worker had been barred from working with children?
Employment Tribunal
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Unfair Dismissal Tribunal
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Care Standards Tribunal
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Disclosure and Barring Tribunal
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The Children's Commissioner for England was established by which legislation?
Care Standards Act 2000
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Children Act 2004
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incorrect
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