Diagnostic test

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

A civil law system correct incorrect

A common law system correct incorrect

An equitable system correct incorrect

None of the options given are correct correct incorrect

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. correct incorrect

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. correct incorrect

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

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

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

An offence that can only be tried in the Crown Court correct incorrect

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

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

An offence that can only be tried in the High Court correct incorrect

What was the effect of the Constitutional Reform Act 2005?

The House of Lords was abolished in its entirety correct incorrect

The Court of Appeal ceased to exist correct incorrect

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 correct incorrect

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

When does an Act of Parliament enter into force?

Upon Royal Assent always correct incorrect

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

On the day the House of Lords pass the Bill. correct incorrect

None of the options given are correct correct incorrect

What is a convention?

Rules of law that provide when Ministers must resign correct incorrect

Unwritten principles relating to appropriate constitutional behaviour correct incorrect

Rules about when Parliament should sit correct incorrect

Written rules on the role of the Monarch correct incorrect

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 correct incorrect

Where the previous decision was made per incuriam. correct incorrect

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

Where the defendant's liberty is at stake correct incorrect

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

Judgments from the Court of Justice of the European Union correct incorrect

Decisions from other countries correct incorrect

Academic commentary correct incorrect

Judgments from the European Court of Human Rights correct incorrect

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 correct incorrect

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

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

The UK may choose to apply European law if it wishes correct incorrect

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

Right to life correct incorrect

Freedom from slavery correct incorrect

Freedom from torture correct incorrect

Right to a private and family life correct incorrect

What is the meaning of a "puisne judges"

A District Judge correct incorrect

A High Court Judge correct incorrect

A Recorder correct incorrect

A Circuit Judge correct incorrect

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

Fact only correct incorrect

Fact and Law correct incorrect

Law only correct incorrect

None of the options given is correct correct incorrect

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 correct incorrect

Within 6 months of being first questioned by the police correct incorrect

Within 12 months of the alleged offence correct incorrect

There is no time period correct incorrect

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

From the magistrates' court to the Crown Court correct incorrect

From the magistrates' court to the Divisional Court correct incorrect

From the Crown Court to the Court of Appeal correct incorrect

From the Divisional Court to the Supreme Court correct incorrect

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 correct incorrect

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

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

None of the options given is correct correct incorrect

The Ombudsman is responsible for investigating what kind of conduct?

Maladministration correct incorrect

Poor administration correct incorrect

Deficient administration correct incorrect

None of the options given is correct correct incorrect

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 correct incorrect

Employment cases correct incorrect

Habeas corpus cases correct incorrect

Protection from harassment cases correct incorrect

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 correct incorrect

A defendant has an absolute right to legal aid correct incorrect

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

A defendant had no right to legal aid correct incorrect