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Return to Complete Public Law 4e student resources
Chapter 16 Self-test questions
Illegality
Quiz Content
*
not completed
If a body acts ultra vires it means it has acted;
beyond its legal powers
correct
incorrect
within its legal powers
correct
incorrect
without discretion
correct
incorrect
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If a public authority has a statutory discretion it means;
it has a choice as to the course of action taken
correct
incorrect
it has a duty to act in a particular way
correct
incorrect
it has a duty not to act in a certain way
correct
incorrect
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not completed
Consider which statement is the most accurate;
a public authority may not adopt a policy when exercising its discretionary power.
correct
incorrect
a public authority may adopt a policy when exercising its discretionary power if the relevant statute permits.
correct
incorrect
a public authority may adopt a policy provided it does not apply it rigidly and is willing to listen to those with something new to say.
correct
incorrect
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not completed
A public authority will be abusing its discretion if it acts for an improper purpose. An improper purpose is;
a purpose which is not stated in the relevant statute.
correct
incorrect
a purpose which is related to resources.
correct
incorrect
a purpose which is not stated in the statute and cannot be implied into the statute.
correct
incorrect
*
not completed
Consider which statement is the most accurate.
The courts are reluctant to judicially review errors of fact because;
the facts are complex
correct
incorrect
judicial review is about law and not facts
correct
incorrect
factual matters are better decided by the primary decision maker who has heard the evidence. And the judicial review process is not really suitable for making determinations of fact.
correct
incorrect
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