Chapter 2 Self-test Questions

Which of the following does NOT form a part of the role of the courts?

To interpret the meaning of legislation.

To develop common law principles in accordance with the rules of judicial precedent.

To make and pass new laws.

To determine findings of fact in a criminal case and/or a dispute in a civil case.

The concept of ___________ refers to the geographical or territorial limits within which a particular legal system applies.

When do Acts of Parliament come into force?

Acts of Parliament always come into force on the day after the date on which Royal assent is given.

Acts of Parliament always come into force on the date of the Royal Assent.

Acts of Parliament always come into force on a date specified by the minister responsible for the passage of the Act.

Acts of Parliament come into force on the date of the Royal Assent, unless another commencement date is expressly stated.

How many of the following elements are different in a criminal case compared to a civil case? Please select all that apply.

The burden of proof

The reporting of a case

The terms used to describe one of the parties when a case concludes.

The aims and purposes of the law

When a new principle of law is established by the judges in a case, the operation of the principle is both ____________ and prospective, in the sense of applying to the future.

Select the answer that does NOT accurately describe how the term 'common law' may be used

To indicate 'case law' or judge-made law.

To describe the law of an entire legal system in any jurisdiction, including legislation.

To refer to a system of common law, in contrast to other civil law systems that exist in other jurisdictions such as in Europe.

To indicate a traditional common law position that prioritises legal certainty.

In deciding cases the Courts may take into account academic literature such as journal articles.

True

False

The principles of equity developed due to the fair and speedy development of the common law.

True

False

The principle of Parliamentary ______________ means neither more nor less than this, namely that Parliament, 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.

The UK Government, acting in the name of the Crown (the Queen) can enter into international treaties (agreements). These treaties may contain rights, obligations and duties that are directly enforceable and do not require any legislation to be incorporated into domestic law.

True

False

A consolidating Act brings together all statutory provisions, case law and other provisions on a particular subject area.

True

False

The European Union established both the Court of Justice of the European Union and the European Court of Human Rights to determine disputes between member states and to make rulings on the interpretation of the European Convention on Human Rights.

True

False

In criminal trials if the burden of proof is placed on a defendant, the standard of proof is that of beyond reasonable doubt.

True

False

Which of the following statements accurately describe the standard and burden of proof in civil proceedings? Please select all that apply.

The burden of proof generally falls on a claimant in civil proceedings.

The standard of proof generally applicable in civil proceedings is that of the balance of probabilities.

The burden of proof generally falls on the prosecution in civil proceedings.

The standard of proof generally applicable in civil proceedings is that of beyond reasonable doubt.

In criminal proceedings an indictable offence must be tried before the Crown Court.

True

False

In the civil process the two courts of trial are the County Court and the ____ Court.

Which of the courts below exercise appellate jurisdiction? Please select all that apply.

The High Court.

The Crown Court.

Magistrates' courts.

The Supreme Court

Which of the statements below accurately describes one of the constitutional effects of establishing the UK Supreme Court? Please select all that apply

The physical separation of the Court from the Legislature.

The removal of the right of the Law Lords to sit in the House of Lords legislative chamber.

The restriction of the Court's ability to judicially review the actions of the Executive.

The removal of Lord/Lady titles from the Judges of the UKSC.

What is the maximum custodial sentencing powers of a Magistrates' Court exercising their criminal jurisdiction?

A maximum of six months for any number of offences.

A maximum of six months for a single offence and up to 12 months if there is more than one offence.

Up to life imprisonment.

Up to ten years imprisonment.

The Judicial Committee of the ___________ is not part of the UK's court hierarchy. It is in fact the highest court of appeal for many Commonwealth countries, as well as the United Kingdom's overseas territories, crown dependencies, and military sovereign bases areas.

The decision to prosecute in criminal cases investigated by the police is taken by the _____ ___________ _______.

The Lord Chancellor is a member of the Government, acts as the Head of the Judiciary and is able to appoint and recommend judges for appointment.

True

False

The Government's Chief legal adviser whose role includes responding to questions of law from government bills and advising on issues of international law is known as the ________ __________.

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