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Chapter 6 Self-test questions
Return to Human Rights Law Concentrate 4e Resources
Chapter 6 Self-test questions
Right to family and private life
Quiz Content
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not completed
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The right to family and private life is
An absolute right
correct
incorrect
A limited right
correct
incorrect
A qualified right
correct
incorrect
A social right
correct
incorrect
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not completed
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Which of the following relationships would be unlikely to fall under family life for the purposes of article 8?:
Grandparent and grandchild
correct
incorrect
Homosexual partners
correct
incorrect
Non resident parent and child
correct
incorrect
Flatmates
correct
incorrect
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not completed
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In which case did the European Court of Human Rights define private life under article 8 as including a 'person's physical and psychological integrity' for which respect is due in order to 'ensure the development, without outside interference, of the personality of each individual in his relations with other human beings'?
Botta v Italy
(1998)
correct
incorrect
Connors v UK
(1994)
correct
incorrect
Gillow v UK
(1986)
correct
incorrect
Lebbink v Netherlands
(2004)
correct
incorrect
*
not completed
.
In
Niemietz v Germany
(1993) the European Court of Human Rights
Expanded the meaning of 'home' in article 8 to include business premises
correct
incorrect
Excluded hotel stays from the meaning of 'home' under article 8
correct
incorrect
Expanded the meaning of 'home' under article 8 by including a general right to a home
correct
incorrect
Included social networks in the meaning of 'correspondence' under article 8
correct
incorrect
*
not completed
.
Which of the following statements is false?:
To be 'in accordance with law', a state measure must be communicated directly to the applicant
correct
incorrect
To be 'in accordance with law', a state measure must be precise
correct
incorrect
To be 'in accordance with law', a state measure must be predictable
correct
incorrect
To be 'in accordance with law', a state measure must have a legal basis in domestic law
correct
incorrect
*
not completed
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Which of the following is
not
a legitimate aim as listed in article 8(2)?:
National security
correct
incorrect
Prevention of disorder or crime
correct
incorrect
Protection of health and morals
correct
incorrect
Good administration of the state
correct
incorrect
*
not completed
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Which of the following statements is the most accurate?:
Proportionality is the same test as reasonableness
correct
incorrect
Proportionality is applicable to all the rights in the ECHR
correct
incorrect
Proportionality is only relevant to article 8
correct
incorrect
Proportionality is a tool used to examine whether a fair balance has been struck between the rights of the individual and the needs of the community/state
correct
incorrect
*
not completed
.
Which of the following factors are
not
taken into account when the European Court of Human Rights applies the doctrine of margin of appreciation?:
Lack of European consensus
correct
incorrect
Number of treaties and protocols signed by the state
correct
incorrect
Nature/importance of the legitimate aim or state interest
correct
incorrect
Issues that involve state resources or social policy
correct
incorrect
*
not completed
.
In which case did the Grand Chamber of the European Court of Human Rights give a wide margin of appreciation to the state and find no violation where the applicants claimed noise pollution caused by night flights violated article 8?
Lopez Ostra v Spain
(1994)
correct
incorrect
Fedeyeva v Russia
(2005)
correct
incorrect
Hatton v UK
(2003)
correct
incorrect
Guerra v Italy
(1998)
correct
incorrect
*
not completed
.
In
Mosley v News Group Newspapers Ltd
[2008], the UK Court found that
Private life claims should always outweigh freedom of expression
correct
incorrect
Freedom of expression should always outweigh private life claims of individuals
correct
incorrect
The private life of the claimant outweighed the freedom of expression rights of the newspaper
correct
incorrect
The freedom of expression rights of the newspaper outweighed the private life claims of the defendant
correct
incorrect
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