Chapter 1 Self-test questions

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. Which one of the following is not considered by philosophers to be a definition of law?

Law is a tool for oppression used by the ruling class to advance its own interests. correct incorrect

Law is a system of rules laid down by a body or person with the power and authority to make law. correct incorrect

Law is a system of rules grounded in fundamental principles of morality. correct incorrect

Law is what legislators, judges and lawyers think the rules should be. correct incorrect

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. Which of the following is not an institutional source of English law?

The police. correct incorrect

The English courts. correct incorrect

Parliament. correct incorrect

The European Convention on Human Rights. correct incorrect

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. Which of the following are other terms used to describe a statute? (select all that apply)

Order in Council. correct incorrect

Primary legislation. correct incorrect

Act of Parliament. correct incorrect

Delegated legislation. correct incorrect

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. Acts of Parliament are considered to be the supreme form of English law because..?

The common law world respects the UK legal tradition. correct incorrect

The European Union has designated Acts of Parliament to be supreme. correct incorrect

Parliament is sovereign and therefore statute law enacted by Parliament is considered to be supreme. correct incorrect

The Queen has decreed that Acts of Parliament are supreme. correct incorrect

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. Which of the following statements most accurately describes a consequence of the sovereignty of Parliament?

It limits the ability of any UK court to disapply an Act of Parliament. correct incorrect

It prevents Parliament from amending or repealing 'constitutional' statutes. correct incorrect

It limits the powers of the judges as a legislative body. correct incorrect

It permits the Justices of the Supreme Court to sit in the House of Lords when it is conducting legislative business. correct incorrect

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. The term 'delegated legislation' includes (select all that apply)

Regulations. correct incorrect

Statutory instrument. correct incorrect

Case law. correct incorrect

Codes of Practice. correct incorrect

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. Delegated legislation derives its authority from the provisions of an Act of Parliament. This authorising Act is called the _______ Act.

Your response

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. Non-legislative guidance issued by government officials which is not tertiary legislation is commonly referred to as '_____ law'?

Your response

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. The Health and Safety Commission is empowered by statute to produce Codes of Practice providing employers with advice on meeting their legal obligations. The Codes have a special legal effect. In legal proceedings, the Commission may use an employer's failure to abide by the Codes as evidence of fault by the employer, unless they can show that they have complied with the law in some other way. On the basis of this information, what is the most likely legal form of these Codes?

Soft law. correct incorrect

Tertiary legislation. correct incorrect

By-law. correct incorrect

Statutory instrument. correct incorrect

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. Match the appropriate definition to the two legal traditions.

Civil law

Select an answer choice This legal tradition relies on a conceptual approach to law. It relies heavily on codified law and tends to adopt inquisitorial court processes. This legal tradition relies on descriptive factual categories of law. It operates on a case-by-case basis and is based in the system of precedent. Court proceedings tend to be adversarial in form.

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Common law.

Select an answer choice This legal tradition relies on descriptive factual categories of law. It operates on a case-by-case basis and is based in the system of precedent. Court proceedings tend to be adversarial in form. This legal tradition relies on a conceptual approach to law. It relies heavily on codified law and tends to adopt inquisitorial court processes.

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. Match the definitions of function to the court type.

Trial courts

Select an answer choice Their function is to hear cases at 'first instance', including considering submissions from the parties to the action and relevant evidence including witness submissions, if relevant and admissible. Their function is to reconsider the application of legal principles to the case (which may be by way of case stated) or, in some instances, it may include a reconsideration of the facts.

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Appellate courts

Select an answer choice Their function is to reconsider the application of legal principles to the case (which may be by way of case stated) or, in some instances, it may include a reconsideration of the facts. Their function is to hear cases at 'first instance', including considering submissions from the parties to the action and relevant evidence including witness submissions, if relevant and admissible.

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. Match each civil court against its trial and appellate court status.

County Court

Select an answer choice Trial court. Appellate court. Trial court and appellate court. Appellate court.

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High Court

Select an answer choice Trial court and appellate court. Appellate court. Appellate court. Trial court.

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Court of Appeal

Select an answer choice Trial court and appellate court. Appellate court. Appellate court. Trial court.

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Supreme Court.

Select an answer choice Trial court and appellate court. Appellate court. Appellate court. Trial court.

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. Match each criminal court against its trial and appellate court status.

Magistrates Court.

Select an answer choice Appellate court. Appellate court. Trial court. Trial court and appellate court.

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Crown Court

Select an answer choice Trial court. Appellate court. Trial court and appellate court. Appellate court.

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Court of Appeal

Select an answer choice Trial court. Appellate court. Trial court and appellate court. Appellate court.

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Supreme Court

Select an answer choice Appellate court. Appellate court. Trial court and appellate court. Trial court.

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. Cases in the Supreme Court are normally heard by a panel of five Justices, but the Court has a discretion to increase the number of judges sitting. Which of the following is not a factor that the Court takes into account when determining panel size?

The case raises an important point in relation to the European Convention on Human Rights. correct incorrect

The case is of high constitutional or public importance. correct incorrect

There is a conflict between decisions in the House of Lords, Privy Council, and/or the Supreme Court which has to be reconciled. correct incorrect

The Court is being asked to depart, or may decide to depart from a previous decision. correct incorrect

The result of the case is of particular significance to the parties. correct incorrect

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. If a judge has the title 'Lady Justice', to which court has she been appointed?

High Court. correct incorrect

Judicial Committee of the Privy Council. correct incorrect

Court of Appeal. correct incorrect

Supreme Court. correct incorrect

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. A fact is said to be '_____' if it's presence or absence would affect the outcome of the case.

Your response

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. Why is the decline in civil trials, in the face of rising private dispute resolution, a matter of some potential importance to legal method?

There is no significant risk to legal method. correct incorrect

If people prefer private dispute resolution, then that may undermine the role of the courts in the legal system. correct incorrect

If the system favours private dispute resolution, this may reduce the opportunity for courts to establish points of legal principle through the public deciding of cases and the development of precedent. correct incorrect

Because it threatens to put judges out of work. correct incorrect

The shift in the civil justice system to more private dispute resolution and pre-trial settlement hides the effects of escalating legal costs on access to justice. correct incorrect

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. Following the UK's withdrawal from the European Union in January 2021, the only part of European Law that remains in force is that which is '_____' EU law.

Your response