Question 1

What can statutory instruments be classified as?&#10;A) Primary legislation&#10;B) Superior legislation&#10;C) Secondary legislation&#10;D) Local Act of Parliament

Accepted Answer

Statutory instruments are a form of legislation which allow the provisions of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act. They are thus classified as secondary legislation.

Question 2

What is the final stage a Bill must pass through before it becomes an Act of Parliament?&#10;A) The Committee Stage&#10;B) Royal Assent&#10;C) House of Lords&#10;D) Report Stage

Accepted Answer

Royal Assent is the final stage a Bill must pass through before it becomes an Act of Parliament. This is when the monarch formally agrees to make the bill into law.

Question 3

Which of the following are examples of primary sources of law?&#10;A) Acts of Parliament&#10;B) Orders in Council&#10;C) Textbooks&#10;D) Decisions of the Superior Courts

Accepted Answer

A, B, D

Question 4

Public Acts will only ever be substantive law.

Accepted Answer

Public Acts can be either substantive law, which defines rights and duties, or procedural law, which prescribes the methods of enforcing those rights and duties.

Question 5

The Human Rights Act 1998 means that Parliament is no longer Sovereign and cannot pass legislation that is incompatible with a Convention Right.

Accepted Answer

The Human Rights Act 1998 does not remove Parliament's sovereignty. It requires UK courts to interpret legislation, as far as possible, in a way that is compatible with the rights set out in the European Convention on Human Rights, but Parliament can still pass legislation that is incompatible with a Convention Right.

Question 6

Acts of Parliament that create criminal offences must first be introduced as a Bill to the House of Commons and not the House of Lords.

Accepted Answer

Bills, including those that create criminal offences, can be introduced in either the House of Commons or the House of Lords.

Question 7

How Many Parliament Acts have there been?&#10;A) 1 - Parliament Act 1911.&#10;B) 2 - Parliament Acts of 1911 and 1949.&#10;C) 3 - Parliament Act 1911, 1949, and 1971.&#10;D) 4 - Parliament Acts of 1911, 1949, 1971, and 2005.

Accepted Answer

There have been two Parliament Acts: the Parliament Act 1911 and the Parliament Act 1949. These acts were passed to regulate the relationship between the House of Commons and the House of Lords in the UK.

Question 8

How would sub-section 2 of section 13 of the Sexual Offences Act 2003 be referred to?&#10;A) s.2(13), Sexual Offences Act 2003&#10;B) s.13(2), Sexual Offences Act 2003&#10;C) s.13/2, Sexual Offences Act 2003&#10;D) S 132, Sexual Offences Act 2003

Accepted Answer

The correct way to refer to a subsection of a section in legislation is by placing the section number first, followed by the subsection number in parentheses. Therefore, sub-section 2 of section 13 is correctly referred to as s.13(2), Sexual Offences Act 2003.

Question 9

The _______ rule of statutory interpretation is the default rule (i.e. should normally be used).

Accepted Answer

The answer of The _______ rule of statutory interpretation is...

Question 10

The mischief rule can only be used where the literal rule would lead to Parliament's intention being circumvented. Is this true or false?

Accepted Answer

The mischief rule is applied to interpret a statute with the aim of uncovering the "mischief" that the statute was intended to remedy. It is used when the literal interpretation would fail to implement the law according to Parliament's intention, thus it is indeed used in situations where applying the literal rule would lead to results that would circumvent Parliament's original intent.

Question 11

Which section of the Human Rights Act 1998 deals with how courts should interpret legislation?&#10;A) 1&#10;B) 2&#10;C) 3&#10;D) 4

Accepted Answer

The answer of Which section of the Human Rights Act...

Question 12

In ______ v Hart [1993] AC 593 the House of Lords set out the circumstances under which the courts could refer to Hansard.

Accepted Answer

The answer of In ______ v Hart [1993] AC 593...

Question 13

Can academic writings be used in court?&#10;A) No, never because they are not primary sources of law.&#10;B) Yes, but only if the author is dead.&#10;C) Yes, but only if it is a textbook. Articles cannot be cited in court.&#10;D) Yes, there are no rules governing their use.

Accepted Answer

The answer of Can academic writings be used in court?&#10;A)...

Deck 1: Domestic Sources of Law: Parliamentary Material