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Chapter 15 Self-test questions
Quiz Content
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1. A core public authority refers to:
obvious public authorities such as government departments and local authorities that are bound by the Human Rights Act 1998 in relation to all their functions
correct
incorrect
the name given to government departments in judicial review cases
correct
incorrect
a body which performs public functions
correct
incorrect
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2. A functional or hybrid public authority is a body that:
is an obvious public authority such as a government department or local authority.
correct
incorrect
is a body that carries out both private and public functions.
correct
incorrect
is a body that only carries out private functions
correct
incorrect
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3. In the case of
Aston Cantlow
the House of Lords decided that a Parochial Church Council was not a core public authority under the Human Rights Act because:
the dispute in question did not concern a public law matter
correct
incorrect
the Church of England was a religious organisation.
correct
incorrect
the Parochial Church Council was not carrying out functions that affected the general public. If it were considered a core public authority it would be unable to bring a claim under section 7 of the Human Rights Act
correct
incorrect
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4. The
R v Panel on Takeover and Mergers ex parte Datafin and Another
is a landmark case because;
the Court of Appeal decided that the source of the body's power was the key factor in deciding whether it was subject to judicial review.
correct
incorrect
the Court of Appeal decided that so long as a body did not have a contract with the claimant it could be subject to judicial review.
correct
incorrect
the Court of Appeal decided it was not the source of the body's power that determined whether it was subject to judicial review. The important factor was the nature of the body's power.
correct
incorrect
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5. The test for standing in non-human rights judicial review cases is;
sufficient interest
correct
incorrect
indirect or direct interest
correct
incorrect
beneficial interest
correct
incorrect
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6. The test for standing in human rights judicial review cases is:
sufficient interest
correct
incorrect
indirect or direct interest
correct
incorrect
victim
correct
incorrect
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