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Chapter 3 Self-test questions
Sources of law, statutory interpretation, and the legislative process
Quiz Content
*
not completed
The part of a judgment establishing the precedent is the obiter dicta.
True
correct
incorrect
False
correct
incorrect
*
not completed
Which of the following are sources of the constitution of the United Kingdom:
i) Treaties;
ii) Conventions and customs;
iii) Case law / common law;
iv) Prerogative powers.
i, ii and iii.
correct
incorrect
i and iii.
correct
incorrect
ii, iii, and iv.
correct
incorrect
All of the above.
correct
incorrect
*
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Before an effective and united system of government existed in the UK, laws had been created by the ______. This is known as the 'common law.'
Your response
*
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The 'golden rule' of statutory interpretation involves the judiciary looking at the text of the legislation and giving it its plain and ordinary meaning.
True
correct
incorrect
False
correct
incorrect
*
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When interpreting legislation transposed from the EU or with a Human Rights dimension, which of the following approaches will the judiciary most commonly take:
The common practice of the courts is to adopt the purposive approach to statutory interpretation.
correct
incorrect
The common practice of the courts is to adopt the literal rule of interpretation.
correct
incorrect
The common practice of the courts is to adopt the golden rule of interpretation.
correct
incorrect
The common practice of the courts is to adopt the mischief rule of interpretation.
correct
incorrect
*
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Precedent operates under the doctrine of ______ ______ which means 'stand by what has been previously decided.'
Your response
*
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The judiciary interpreting domestic law in the spirit of, for example, an EU law is known as a purposive/teleological method of statutory interpretation.
True
correct
incorrect
False
correct
incorrect
*
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Which of the following is NOT a form of delegated legislation:
Orders in Council.
correct
incorrect
Statutory Instruments
correct
incorrect
Public Bills.
correct
incorrect
By-laws.
correct
incorrect
*
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The part of the judgment that establishes the precedent is the ____ _________.
Your response
*
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The Bill of Rights was established in December 1688.
True
correct
incorrect
False
correct
incorrect
*
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Which part of the judgment establishes the precedent that is to be followed by lower courts?
The Ratio Decidendi.
correct
incorrect
The facts that are identified as binding by the judge.
correct
incorrect
The section of the judgment entitled 'Precedent.'
correct
incorrect
The Obiter Dicta.
correct
incorrect
*
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One particular legislative aid to assist the judiciary in interpreting statutes has been the ____________ ___ 1978.
Your response
*
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A Private Members' Bill is where an individual MP or private peer in the House of Lords introduces a Bill to be passed into legislation.
True
correct
incorrect
False
correct
incorrect
*
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The supremacy of Parliament established through the 'Glorious Revolution' occurred in which year?
1600
correct
incorrect
1300
correct
incorrect
1866.
correct
incorrect
1688.
correct
incorrect
*
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The case
Re Sigsworth
is an example of the ______ rule of statutory interpretation.
Your response
*
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Statutory instruments, by-laws and Orders in Council are forms of secondary legislation.
True
correct
incorrect
False
correct
incorrect
*
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The committee stage of the legislative process refers to which committee?
A select committee.
correct
incorrect
A standing committee.
correct
incorrect
A interested members committee.
correct
incorrect
A special committee.
correct
incorrect
*
not completed
Under Equity, civil actions were based on a document known as a ____ that identified the legal grounds for the action.
Your response
*
not completed
Statutory instruments are subject to control through negative resolutions only.
True
correct
incorrect
False
correct
incorrect
*
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Judge-made law is referred to as:
Common law.
correct
incorrect
Legislation.
correct
incorrect
Conventions.
correct
incorrect
Delegated Legislation.
correct
incorrect
*
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Primary legislation begins its life as a ____ which outlines the scope and intentions of the law, and this is debated and voted upon by both Houses of Parliament (the Commons and the Lords).
Your response
*
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In relation to delegated legislation being passed through an Order in Council, the 'Council' refers to any local authority council.
True
correct
incorrect
False
correct
incorrect
*
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Following the judgment in which of the following cases were the courts allowed to look to sources such as Hansard when interpreting legislation?
Factortame
.
correct
incorrect
Director of Public Prosecution v Schildkamp
.
correct
incorrect
Grey v Pearson
.
correct
incorrect
Pepper v Hart
.
correct
incorrect
*
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Even when a Bill has successfully passed through both Houses of Parliament, it is not valid until it receives ______ ______.
Your response
*
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A Minister may put a motion to the effect that a Statutory Instrument subject to positive resolution is automatically referred to a Standing Committee.
True
correct
incorrect
False
correct
incorrect
*
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Which of the following is the highest form of law in England?
Common Law.
correct
incorrect
Legislation.
correct
incorrect
Case Law.
correct
incorrect
Equity.
correct
incorrect
*
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Legislation passed by some body other than Parliament is referred to as _________ legislation.
Your response
*
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The courts may question the merits of a Statutory Instrument.
True
correct
incorrect
False
correct
incorrect
*
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The method of controlling delegated legislation through the courts means that the Instrument may be quashed on the grounds of _____ ____, inconsistency with Statutes, uncertainty, or unreasonableness.
Your response
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