Chapter 3 Self-test questions

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. Which of the following will always be included as a required element of any modern Act of Parliament (select all that apply)?

Preamble correct incorrect

Date of royal assent correct incorrect

Commencement section. correct incorrect

Citation correct incorrect

Explanatory notes correct incorrect

Textual amendments and annotations. correct incorrect

Short title. correct incorrect

Schedules and tables correct incorrect

Long Title correct incorrect

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. Match the type of title with its definition.

The short title

This is the title that describes the scope of the Act This is the title that is used for the purposes of citing the Act

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The long title

This is the title that is used for the purposes of citing the Act This is the title that describes the scope of the Act

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. Preambles in older Acts and long titles in modern Acts are both aids to interpretation when reading an Act.

True correct incorrect

False correct incorrect

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. All Acts are divided into sections, but sections may be further subdivided. Which of the following lists the correct division of statutes from largest to smallest?

Sections, sub-sections, sub-sub-sections, schedules correct incorrect

Sections, sub-sections, parts, sub-parts. correct incorrect

Sections, paragraphs, sub-paragraphs, sub-sub-paragraphs. correct incorrect

Sections, sub-sections, paragraphs, sub-paragraphs. correct incorrect

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. The date of commencement of an Act of Parliament is always the date on which it receives royal assent.

True correct incorrect

False correct incorrect

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. What do the square brackets indicate in the text of an Act of Parliament published in Statutes in Force?

The drafter included square brackets in the original text for clarity. correct incorrect

The text within the brackets is explained further in a marginal note. correct incorrect

These words are notes to the reader and do not have the force of law. correct incorrect

The brackets denote that the text within them is an amendment to the Act. correct incorrect

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. Schedules can be found at the end of most Acts of Parliament. They are often subdivided. Which of the following is the correct terminology for the divisions of a schedule, from larger to smaller?

Parts and sub-parts. correct incorrect

Schedules are divided into two levels, paragraphs and sub-paragraphs.
Section reference: 3.1.2 correct incorrect

Sub-schedules and sub-sub-schedules. correct incorrect

Sections, subsections. correct incorrect

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. The purpose in passing a Statute Law Revision Act is to repeal obsolete legislation.

True correct incorrect

False correct incorrect

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. Which of the following statements is the most accurate explanation of what the positioning of the names tells us about the case of Baxter v Hirst (2012), a civil (non-family) case being heard at first instance?

Baxter is the claimant and Hirst is the respondent. correct incorrect

Baxter is the plaintiff and Hirst is the defendant. correct incorrect

Baxter is the applicant and Hirst is the defendant. correct incorrect

Baxter is the claimant and Hirst is the defendant. correct incorrect

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. 'Ex parte' in the title of a case denotes that the person or group named after the words 'ex parte' has since withdrawn from the proceedings before the court.

True correct incorrect

False correct incorrect

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. If you were correctly to read out the case name of R v Alexander in full, how would you say it?

'R V Alexander'. correct incorrect

'The Crown against Alexander'. correct incorrect

'R versus Alexander'. correct incorrect

'R against Alexander'. correct incorrect

'The Crown V Alexander'. correct incorrect

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. Match each word with its definition.

Affirmed

This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it. This indicates that the court has agreed with the decision of a lower court in respect of the same case. This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case. This indicates that the higher court believes that the lower court correctly decided the case. This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision.

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Applied

This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it. This indicates that the higher court believes that the lower court correctly decided the case. This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case. This indicates that the court has agreed with the decision of a lower court in respect of the same case. This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word.

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Approved

This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word. This indicates that the higher court believes that the lower court correctly decided the case. This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it. This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case. This indicates that the court has agreed with the decision of a lower court in respect of the same case.

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Considered

This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word. This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision. This indicates that the court has agreed with the decision of a lower court in respect of the same case. This indicates that the higher court believes that the lower court correctly decided the case. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case.

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Distinguished

This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision. This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case. This indicates that the court has agreed with the decision of a lower court in respect of the same case. This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word. This indicates that the higher court believes that the lower court correctly decided the case.

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Overruled

This indicates that the court has agreed with the decision of a lower court in respect of the same case. This indicates that the higher court believes that the lower court correctly decided the case. This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it. This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case. This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word.

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Reversed

This indicates that the court has agreed with the decision of a lower court in respect of the same case. This indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has rejected or invalidated that earlier decision. This means the opposite of 'affirmed'. It indicates that the court has considered the decision of the previous court (at the same level or lower than itself) and has decided that the previous court reached the wrong decision. This indicates that the court regards itself as bound by an earlier decision and has therefore employed the same reasoning in this case. This indicates that the court has considered and discussed the earlier cases, but has not applied it in the strict sense of the word. This indicates that the higher court believes that the lower court correctly decided the case. This indicates that the court does not regard itself as bound by an earlier decision because it states that the previous case is in some way different to the current one. The court has therefore not followed the earlier case, nor has it overruled it.

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. Distinguishing is called 'restrictive' where the judge deciding the present case interprets the distinguished authority so as to restrict the principle in that case to its own particular facts.

True correct incorrect

False correct incorrect

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. Where a decision that is of persuasive authority has been cited to the court, but the court has declined to apply the reasoning in that case, it is said that the earlier authority was _______.

Your response

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. Exceptionally, the 'leapfrog' procedure allows a case to be appealed from the High Court directly to the Supreme Court, provided only that the Supreme Court grants leave to appeal.

True correct incorrect

False correct incorrect

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. Match each word with its definition.

Extempore.

The court did not reserve its judgment but gave its decision and reasons as soon as the parties had completed their submissions to the court. This is the equivalent of cur. adv. Vult. used in reporting decisions of the House of Lords/Supreme Court. Meaning 'the court wishes to be advised'. This means that the court took time over reaching its decision by reserving judgment to a later date, rather than providing a decision immediately after the parties had completed their submissions.

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Curia advisari vult (cur. adv. vult.).

Meaning 'the court wishes to be advised'. This means that the court took time over reaching its decision by reserving judgment to a later date, rather than providing a decision immediately after the parties had completed their submissions. The court did not reserve its judgment but gave its decision and reasons as soon as the parties had completed their submissions to the court. This is the equivalent of cur. adv. Vult. used in reporting decisions of the House of Lords/Supreme Court.

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'Their Lordships took time for consideration'.

Meaning 'the court wishes to be advised'. This means that the court took time over reaching its decision by reserving judgment to a later date, rather than providing a decision immediately after the parties had completed their submissions. This is the equivalent of cur. adv. Vult. used in reporting decisions of the House of Lords/Supreme Court. The court did not reserve its judgment but gave its decision and reasons as soon as the parties had completed their submissions to the court.

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. Cases before the European Court of Justice may be heard in chambers, that is, by application before a single judge, with the application normally being heard privately in the judge's office.

True correct incorrect

False correct incorrect

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. In the European Court of Justice, the function of the Advocate General is to assist the court in the interpretation and application of EU law. S/he does this by researching the law and delivering a written opinion on the issues raised by the specific case, which is published as part of the law report, although it does not form part of the court's ruling in that case.

True correct incorrect

False correct incorrect

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. The principle that judicial decision-making in the CJEU is 'collegial' means that all decisions of the court must be unanimous.

True correct incorrect

False correct incorrect