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Chapter 12 Multiple Choice questions
Return to Land Law Student Resources
Chapter 12 Multiple Choice questions
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not completed
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Which of the following statements best reflects the relationship between land law and human rights?
Land law, like human rights, is concerned with human dignity and universal rights
correct
incorrect
Land law, like human rights, takes a non-financial, non-transactional focus
correct
incorrect
Land law, unlike human rights, is concerned to achieve equality between all parties
correct
incorrect
Land law, unlike human rights, adopts a financial, transactional, self-serving focus
correct
incorrect
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Which of the following human rights provisions are arguably the most significant to land law?
Art. 1 of the First Protocol to the ECHR and Art. 8 of the ECHR
correct
incorrect
Art. 1 of the First Protocol to the ECHR and Art. 6 of the ECHR
correct
incorrect
Arts. 1, 2, and 3 of the ECHR
correct
incorrect
Arts. 1 and 8 of the HRA 1998
correct
incorrect
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Which of the following statements is correct as to the incorporation of the ECHR into domestic law?
The ECHR was incorporated into domestic law by the LPA 1925
correct
incorrect
The ECHR was incorporated into domestic law by the LRA 2002
correct
incorrect
The ECHR was incorporated into domestic law by the HRA 1998
correct
incorrect
The ECHR was incorporated into domestic law by the EA 2010
correct
incorrect
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Which of the following statements is correct as to the judgment in the case of
McDonald v McDonald
(2016)?
The Supreme Court in
McDonald
confirmed that the HRA 1998 has vertical and horizontal effect
correct
incorrect
The Supreme Court in
McDonald
confirmed that the HRA 1998 has horizontal but not vertical effect
correct
incorrect
The Supreme Court in
McDonald
confirmed that the HRA 1998 has vertical but not horizontal effect
correct
incorrect
The Supreme Court in
McDonald
confirmed that the HRA 1998 has neither vertical nor horizontal effect
correct
incorrect
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As to the scope of Art. 1 of the First Protocol to the ECHR, which of the following statements is correct?
Every natural or legal person is entitled to the peaceful enjoyment of his possessions and 'possessions' is given a restricted interpretation.
correct
incorrect
Every natural or legal person is entitled to the peaceful enjoyment of his possessions and 'possessions' is given an expansive interpretation including patents, shares, and debt.
correct
incorrect
Every natural or legal person is entitled to the peaceful enjoyment of his possessions and 'possessions' is taken to include proprietary rights such as covenants and easements.
correct
incorrect
Every natural or legal person is entitled to the peaceful enjoyment of his home and 'home' is given a broad interpretation.
correct
incorrect
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In considering whether an interference with Art. 1 of the First Protocol to the ECHR is justified, which of the following statements is correct?
The court begins by considering the 'proportionality exercise' and only where it is not satisfied does it consider the lawfulness of the measure and the public interest.
correct
incorrect
The court begins by considering the State's wide margin of appreciation in adopting the measure in question.
correct
incorrect
The court is not required to consider the lawfulness of the measure, the public interest, or whether a reasonable relationship of proportionality exists.
correct
incorrect
The court begins by considering the lawfulness of the measure, the public interest, and whether a reasonable relationship of proportionality exists.
correct
incorrect
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As to the scope of Art. 8 of the ECHR, which of the following statements is correct?
Art. 8 of the ECHR guarantees a right to respect for private and family life but does not offer protection as to home.
correct
incorrect
Art. 8 of the ECHR guarantees a right to respect for private, family life and home. This includes a right to be provided with a home if you should become homeless.
correct
incorrect
Art. 8 of the ECHR guarantees a right to respect for private, family life and home. This includes a right to have the State meet your legitimate housing needs.
correct
incorrect
Art. 8 of the ECHR guarantees a right to respect for private, family life and home. This includes a right to protection from interference with one's existing home.
correct
incorrect
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As to the interpretation of 'home' for the purposes of Art. 8, which of the following is correct?
'Home' is expressly defined in domestic legislation and this is the interpretation employed by the court.
correct
incorrect
'Home' is given an autonomous meaning under the ECHR; the court applies a test of 'sufficient and continuous links' with the property.
correct
incorrect
'Home' refers to a connection with property which can include temporary and fleeting occupation.
correct
incorrect
'Home' refers to a connection with property lasting over 10 years' duration.
correct
incorrect
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An infringement of an individual's Art. 8 rights is justified by demonstrating that the interference is lawful, necessary in a democratic society, and a proportionate means of achieving a legitimate aim. This involves pointing to one of the legitimate aims listed in Art. 8(2). Which of the following is
not
provided for in Art. 8?
The interests of national security
correct
incorrect
The interests of public safety or the economic well-being of the country
correct
incorrect
The interests of the stability of government
correct
incorrect
The prevention of disorder or crime
correct
incorrect
The protection of health or morals
correct
incorrect
The protection of the rights and freedoms of others
correct
incorrect
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What is the significance of the decisions of the court in
Pinnock (2010) and Powell
(2011)?
The domestic courts acceded to the long-standing Strasbourg position that Art. 8 applied in possession proceedings brought by local authorities seeking eviction of their tenants.
correct
incorrect
The domestic courts acceded to the long-standing Strasbourg position that Art. 8 did not apply in possession proceedings brought by local authorities seeking eviction of their tenants.
correct
incorrect
The domestic courts finally settled the long-standing issue as to the interpretation of 'home' for the purposes of Art. 8.
correct
incorrect
The domestic courts confirmed that, in almost every case where a local authority is seeking to evict one of its tenants, that tenant will have a strong case that possession would amount to an infringement of Art. 8.
correct
incorrect
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