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Return to English Legal System, 5e Student Resources
Chapter 2 Scenario questions
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Shannon wants to bring a claim against Orange plc for breaching a contract to supply telecommunication equipment to her on time. She estimates that the value of her claim for damages is approximately £50,000. After taking legal advice, she discovers that the case does not involves complex or technical points of law. In which court is her claim for damages for breach of contract likely to commence?
County Court
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Crown Court
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Court of Appeal (Civil Division)
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High Court
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William is charged with theft which is an either-way offence. The magistrates are determining whether to allocate the case to the Crown Court or to hear the case themselves. They decide that it is appropriate to try the case in the Magistrates Court. Which of the following statements is NOT accurate?
In making their decision as to where the case should be heard, the magistrates would have considered the limits of their powers of sentencing should William be found guilty.
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William can consent to a trial in the Magistrates Court but retains the right to elect a jury trial in the Crown Court.
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William had no right to elect a jury trial in the Crown Court once the Magistrates have determined that it is appropriate to hear the case in the Magistrates Court. The case will now proceed in the Magistrates Courts.
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In making their decision as to where the case should be heard, the magistrates would have considered the complexity of the facts, evidence and whether the case involves any difficult points of law.
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Emma is electrocuted from exposed wiring in her workplace and now wants to bring a claim for negligence against her employer for the injuries she has sustained. There were no witnesses to her injuries. Her employer has suggested the exposed wiring was not dangerous and not on their premises. Emma has questions about the evidence and wants to know who has the burden of proof and what is the required standard of proof in the case. Which of the following is an accurate description?
The employer is the defendant and they have the burden of proof. They are required to prove beyond reasonable doubt that they were not negligent in leaving dangerous exposed wiring on their premises.
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The employer is the defendant and they have the burden of proof and is required to prove on a balance of probabilities that they were not negligent in leaving dangerous exposed wiring on their premises.
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Emma is the claimant and has the burden of proof and she is required to prove beyond reasonable doubt that her employer was negligent in leaving dangerous exposed wiring on the premises.
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Emma is the claimant and has the burden of proof and she is required to prove a balance of probabilities that her employer was negligent in leaving dangerous exposed wiring on the premises.
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John is talking to Eve about the UK's unwritten constitution. They are revising for an exam in Public Law. They begin to have a disagreement over the principle of Parliamentary Sovereignty and the words of the constitutional theorist AV Dicey. Which of the following is the precise quote in respect of Dicey's characterisation of the principle?
The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
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The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body, apart from the courts, is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
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The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to propose, enforce and make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
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The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to propose, enforce and make or unmake any law whatever; and, further, that no person or body, apart from the Courts is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
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A Human Rights campaign group is campaigning to replace what they allege is discriminatory legislation concerning asylum seekers. They want instead new legislation that would improve the protection of asylum seekers' human rights. One of the group's directors is making editorial changes to a policy report that is to be submitted alongside a petition supporting the group's position. The director is considering which word best captures what they wish to happen to the existing Act of Parliament. Which of the following is the most appropriate;
Consolidate
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Codify
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Repeal
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Amend
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