Diagnostic test

. Chapter 1. Which one of the statements below is false?

The war crimes trials at Nuremberg and Tokyo took place immediately after the First World War

The war crimes trials introduced a 'crime against humanity' as an offence

The war crimes trials held individuals legally responsible for acts such as war crimes and crimes against humanity

The war crimes trials found that 'superior orders' could not be used as a defence for war crimes or crimes against humanity

. Chapter 1. The UN Vienna Declaration 1993 declared that…

Third generation rights are of primary importance

Civil and political rights are core rights

All types of rights are indivisible, interrelated and interdependent

Social and economic rights are non-enforceable

. Chapter 2. The European Convention on Human Rights is predominantly concerned with which of the following?

Economic and social rights

Environmental rights

Civil and political rights

Economic freedom

. Chapter 2. In Osman v UK (1998), the European Court laid down a test, which can be used to apply a general positive obligation on a State. Which of the following statements is not part of the Osman test?

The risk must emanate from a State agent

…Of a real and imminent risk (of death/harm)

A State should take reasonable steps to prevent death/harm occurring

A State knows or ought to have known…

. Chapter 3. Under S7 of the Human Rights Act, a person can bring a case if he/she is a victim. To be a victim, the applicant has…

To be directly affected by the act/measure complained of

To have sufficient interest in the act/measure complained of

A representative of a person who has sufficient interest

Be part of a class action

. Chapter 3. Which of the following House of Lords (now known as the Supreme Court) judgments sets out the principles used to decide if a body is a public authority under S6 of the Human Rights Act 1998?

R v A (No 2) (2001)

Donoghue v Poplar Housing & Regeneration Community Association & Sec State DETR (2001)

Bellinger v Bellinger (2003)

YL v Birmingham City Council and others (2007)

. Chapter 4. Which of the following statements is false?

The State may justify the use of lethal force in order to effect a lawful arrest or to prevent the escape of a person lawfully detained

The State may justify the use of lethal force in defence of any person from violence

The State may justify the use of lethal force where it can be demonstrated it was reasonable to use the force in the circumstances

The State may justify the use of lethal force if lawfully taken for the purpose of quelling a riot or insurrection

. Chapter 4. In which of the following domestic cases did the House of Lords (now known as the Supreme Court) find that there was a violation of article 2?

Van Colle v. Chief Constable of Hertfordshire (2008)

Savage v South Essex Partnership NHS Foundation Trust (2008)

Mitchell v Glasgow City Council (2009)

R. (on the application of Smith) v Ministry of Defence (2013)

. Chapter 5. The right to liberty and the right to a fair trial are…

Absolute rights

Limited rights

Qualified rights

Social rights

. Chapter 5. Which of the following statements is false?

The right to a fair trial under article 6 in the ECHR covers criminal charges

The right to a fair trial under article 6 in the ECHR covers civil law where civil rights and obligations are in question

The right to a fair trial under article 6 in the ECHR covers civil law cases involving employment rights

The right to a fair trial under article 6 in the ECHR covers administrative and public areas of civil law

. Chapter 6. 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)

Connors v UK (1994)

Gillow v UK (1986)

Lebbink v Netherlands (2004)

. Chapter 6. Which of the following is not a legitimate aim as listed in article 8(2)?

National security

Prevention of disorder or crime

Protection of health and morals

Good administration of the State

. Chapter 7. Which of the following statements is not accurate?

J.S Mill argued that without freedom to express thoughts and beliefs then truth cannot be found or questioned

J.S Mill argued that freedom of expression can be limited where it can be shown that the expression is causing direct and immediate harm

J.S Mill argued that freedom of expression is essential to democracy but it can be limited in certain circumstances

J.S Mill argued that freedom of expression is so important that it can never be restricted by the State

. Chapter 7. The case of Guerra v Italy (1998) decided that freedom of expression under article 10(1)…

Does include a positive obligation on the State to prevent attacks on a newspaper office

Does not include a positive obligation on the State to prevent attacks on a newspaper office

Does not include a positive obligation on the State to provide information

Does include a positive obligation on the State to provide information

. Chapter 8. The right to freedom of assembly and association is…

An absolute right

A limited right

A qualified right

A social right

. Chapter 8. Which of the cases below decided that although a State may impose penalties following a demonstration, the penalties must not be disproportionate?

Le Compte, Van Leuven and De Meyere v Belgium (1981)

Young, James and Webster v UK (1981)

Ezelin v France (1991)

Christians against racism and fascism v UK (1980)

. Chapter 9. Indirect discrimination can be defined as…

Treating a person differently compared to a person in a similar situation on the basis of a personal characteristic

Where a law or policy, which is applied equally to everyone, has an adverse and disproportionate impact on a particular group

Failure to remove barriers to equality

Failure to give preference to minority groups

. Chapter 9. Which of the following statements is false?

In D.H v Czech Republic (2007), the European Court of Human Rights held that adverse impact on a particular group could amount to discrimination

In D.H v Czech Republic (2007), the European Court of Human Rights held that the burden of proof still needed the applicant to prove motive and effect

In D.H v Czech Republic (2007), the European Court of Human Rights held that the burden of proof could shift to the State to justify a difference of treatment without proving motive if compelling evidence was provided of adverse impact

In D.H v Czech Republic (2007), the European Court of Human Rights held that statistics alone could amount to compelling evidence of adverse impact

. Chapter 10. Which of the following is not accurate?

It is argued that there is no need for anti-terrorism law because there has never been a terrorist threat

It is argued that there is no need for anti-terrorism law because criminal law is adequate

It is argued that there is no need for anti-terrorism law because special powers under terrorism law are open to abuse

It is argued that there is no need for anti-terrorism law because special laws may be targeted at certain groups and become discriminatory, alienating minority groups

. Chapter 10. Which of the following statements is not accurate?

The House of Lords in A and Others v SSHD (2005) found that indefinite detention under S23 of the Anti-Terrorism, Crime and Security Act 2001 was incompatible with article 5 of the ECHR

The House of Lords in A and Others v SSHD (2005) found that the measures which only targeted non nationals were discriminatory

The House of Lords in A and Others v SSHD (2005) found that the measures were not strictly necessary

The House of Lords in A and Others v SSHD (2005) found that there was no public emergency

Diagnostic test

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