Diagnostic test

What kind of "system" does England and Wales operate under?

A civil law system

A common law system

An equitable system

None of the options given are correct

What is the difference between an adversarial and inquisitorial approach to the legal system?

An adversarial system is based on a contest between the parties with the judge regulating the conduct of the parties. An inquisitorial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed.

An inquisitorial system is based on a contest between the parties with the judge regulating the conduct of the parties. An adversarial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed.

An adversarial approach is used in criminal cases whereas an inquisitorial approach is used in civil cases.

An inquisitorial approach is used in criminal cases whereas an adversarial approach is used in civil cases.

Which of the following statements accurately describes a summary-only offence?

An offence that can only be tried in the Crown Court

An offence that can only be tried in the magistrates' court

An offence that can be tried in either the Crown Court or the magistrates' court

An offence that can only be tried in the High Court

What was the effect of the Constitutional Reform Act 2005?

The House of Lords was abolished in its entirety

The Court of Appeal ceased to exist

The House of Lords and Supreme Court sit alongside each other and the person bringing the case now has a choice of which court to bring their case

The appellate function of the House of Lords ceased to exist and the Supreme Court came into existence

When does an Act of Parliament enter into force?

Upon Royal Assent always

Either on the commencement date stated in the statute, or where the statute is silent, upon Royal Assent.

On the day the House of Lords pass the Bill.

None of the options given are correct

What is a convention?

Rules of law that provide when Ministers must resign

Unwritten principles relating to appropriate constitutional behaviour

Rules about when Parliament should sit

Written rules on the role of the Monarch

According to Bristol Aeroplane, the Court of Appeal is generally bound by its own previous decisions subject to three exceptions. Which one of the following is not an exception to the rule?

Where a previous Court of Appeal decision conflicts with a House of Lords or Supreme Court decision

Where the previous decision was made per incuriam.

Where there are two or more conflicting Court of Appeal authorities and the present court must choose between them

Where the defendant's liberty is at stake

Which of the following is not a form of persuasive authority?

Judgments from the Court of Justice of the European Union

Decisions from other countries

Academic commentary

Judgments from the European Court of Human Rights

In relation to the supremacy of the EU, which of the following statements is most accurate?

The UK is not bound by European law in any way whatsoever

In areas where it is applicable, UK law supersedes any European law to the contrary

In areas where it is applicable, European law supersedes any existing UK law to the contrary

The UK may choose to apply European law if it wishes

Which for the following is not an absolute right guaranteed by the European Convention on Human Rights?

Right to life

Freedom from slavery

Freedom from torture

Right to a private and family life

What is the meaning of a "puisne judges"

A District Judge

A High Court Judge

A Recorder

A Circuit Judge

The justices' clerk is permitted to advise magistrates on which matters?

Fact only

Fact and Law

Law only

None of the options given is correct

In order to try a defendant for a summary offence in the magistrates' court, the information must be laid before him within what time period?

Within 6 months of the alleged offence

Within 6 months of being first questioned by the police

Within 12 months of the alleged offence

There is no time period

An appeal "by way of case stated" is appeal from what, and to which, court?

From the magistrates' court to the Crown Court

From the magistrates' court to the Divisional Court

From the Crown Court to the Court of Appeal

From the Divisional Court to the Supreme Court

Which of the following is the most accurate description of arbitration?

An informal meeting between the parties involving a discussion as to how the issue may be resolved

An adjudicative process where the parties submit their dispute, for a binding decision, to an impartial tribunal.

A meeting between the parties where an impartial third party facilitates discussions

None of the options given is correct

The Ombudsman is responsible for investigating what kind of conduct?

Maladministration

Poor administration

Deficient administration

None of the options given is correct

Which of the following is excluded from the provision of legal aid as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

Human rights cases

Employment cases

Habeas corpus cases

Protection from harassment cases

Which of the following accurately describes the position of legal aid in relation to the right to a fair trial?

A defendant has a qualified right to legal aid where there is a lack of means to pay for services and such aid is necessary in the interests of justice

A defendant has an absolute right to legal aid

A defendant has a qualified right to legal aid where there is a lack of means to pay for services

A defendant had no right to legal aid