Chapter 3 Multiple Choice Questions

. Which of the following is NOT a domestic source of law?

Legislation

Case law

Hansard

Custom

. An Act of Parliament that takes all existing law and sets it out in a new statute is known as?

An original Act of Parliament.

A codifying Act of Parliament.

A consolidating Act of Parliament.

An amending Act of Parliament.

. When a Public Bill passes through the House of Commons, it will need to pass through a number of stages. Which one of the following options states the stages in the correct order?

First Reading, Second Reading, Committee Stage, Report Stage, Third Reading.

First Reading, Second Reading, Third Reading, Committee Stage, Report Stage.

First Reading, Committee Stage, Report Stage, Second Reading, Third Reading.

Committee Stage, First Reading, Second Reading, Third Reading, Report Stage.

. In relation to the legislative process, the House of Lords can…?

Veto a Bill and prevent it from ever receiving Royal Assent.

Delay the passing of a Bill for up to one year.

Delay the passing of a Bill for up to two years.

Do nothing. The House of Lords has no power to veto or delay a Bill.

. When interpreting statute, the judges may apply certain presumptions in order to determine the intention of Parliament. Which one of the following is NOT a valid presumption?

Presumption against legislation having retrospective effect.

Presumption that legislation will apply to the Crown.

Presumption against the ousting of the court's jurisdiction.

Presumption against alteration of the common law.

. The golden rule of statutory interpretation provides that …?

The words of a provision should be given their normal, everyday meaning, irrespective of the result that such a meaning will produce.

Where the normal everyday meaning of words produces an absurd result or a result that Parliament could not have intended, then the words should be given an alternative meaning, providing that the meaning is one that the words can bear.

The words of a provision should be interpreted based on the problem that the statute was meant to remedy.

The words of the provision should be interpreted based on the purpose of the statute.

. Regarding the Civil Division of the Court of Appeal, which ONE of the following statements is untrue?

The Civil Division is not bound by its own previous decisions where two previous Civil Division decisions conflict. In such a case, the court may choose which case to follow.

The Civil Division is not bound by its own previous decision where that decision cannot stand with a subsequent decision of the House of Lords.

The Civil Division can ignore its own previous decision if it considers it just to do so.

The Civil Division is not bound by its own previous decision where that decision is 'per incuriam' (through want of care).

. The Court of Appeal is bound by the decisions of which court(s)?

Decisions of the House of Lords/Supreme Court only.

Decisions of the House of Lords/Supreme Court and generally its own decisions.

Decisions of the House of Lords/Supreme Court and the Judicial Committee of the Privy Council only.

The Court of Appeal is not bound by the decisions of any other courts.

. Which ONE of the following statements is true?

Decisions of the Crown Court are binding on magistrates' courts.

Decisions of the Judicial Committee of the Privy Council are binding on inferior courts.

The High Court is bound by its own decisions.

The Supreme Court is not bound by its own decisions.

. The ratio decidendi of a case refers to?

A statement said by the way.

The reason for deciding a case.

The principle whereby lower courts are bound by the decisions of higher courts.

The process whereby a court avoids a binding precedent on the ground that the current case differs materially from the precedent.

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