* not completed

. Which one of the following statements is false?

Judicial review allows a High Court Judge to examine the lawfulness of the decisions made by public bodies carrying out their public functions. correct incorrect

Judicial review is never available where there is a right of appeal against the decision of a public body. correct incorrect

'Public' means that the body making the decision is governmental and the decisions it makes concern the rights of citizens generally rather than purely private rights. correct incorrect

Judicial review allows the High Court to review enactments. correct incorrect

* not completed

. Which one of the following statements is true?

With the exception of cases involving alleged breaches of Convention Rights incorporated by Se1 of the Human Rights Act 1998, judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it. correct incorrect

In judicial review the court reverses the decision of the defendant public body. correct incorrect

The grounds for judicial review are always contained in the statute conferring powers on public bodies. correct incorrect

In judicial review the court replaces the decision of the defendant public body with its own decision on the merits of the claim. correct incorrect

* not completed

. Which one of the following is the constitutional basis of judicial review?

Common Law correct incorrect

Statute correct incorrect

The rule of Law and the separation of powers. correct incorrect

Equity correct incorrect

* not completed

. Which one of the following statements is false?

The courts look at the origins, history, constitution, and membership of an organization to determine if it is a public body. correct incorrect

A body may be subject to judicial review even if its powers are solely based on agreement if effective public law remedies are available. correct incorrect

A body whose origin and constitution owes nothing to governmental control may be subject to judicial review if it has been woven into the fabric of governmental control or statutory regulation. correct incorrect

A body may be subject to judicial review if it has functions normally carried out by an organ of government or is doing something which would be done by an organ of government if the body in question did not exist. correct incorrect

* not completed

. Which one of the following statements is true?

There is no distinction between private and public law in English law. correct incorrect

Public bodies can never be liable in private law. correct incorrect

Public law was defined by Lord Diplock in O'Reilly v. Mackman (1982). correct incorrect

It is contrary to public policy and an abuse of the process of the court for the claimant to bring a public law matter to court by way of ordinary civil procedure thereby avoiding the protection given to public bodies by judicial review procedure. correct incorrect

* not completed

. Which one of the following statements is false?

The fundamental question in determining whether a claimant has sufficient interest to bring a judicial review claim is whether his personal rights are directly affected by the decision he seeks to challenge. correct incorrect

The question of whether a person has sufficient interest should not be treated as a preliminary issue, but must be considered in the legal and factual context of the whole case. correct incorrect

The merits of the challenge are an important, if not dominant, factor when determining whether a claimant has sufficient interest. correct incorrect

An interested party is anyone other than the claimant and the defendant who is directly affected by the decision. correct incorrect

* not completed

. Which one of following statements is false?

A Quashing Order, Mandatory Order, or Prohibiting Order must be claimed by judicial review. correct incorrect

An injunction or declaration may be claimed by judicial review. correct incorrect

All judicial review remedies are mandatory. correct incorrect

A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but a claimant may not seek such a remedy alone. correct incorrect

* not completed

. Which provisions contain the current procedural rules governing a judicial review claim?

The Senior Courts Act 1981. correct incorrect

The Pre Action Protocol for Judicial Review and Section One of Part 54 the Civil Procedure Rules enacted under the Civil Procedure Act 1997. correct incorrect

Rules of the Supreme Court Order 53. correct incorrect

The Human Rights Act 1998. correct incorrect