Deck 3: Sources of Law: Legislation

Question 1

England and Wales are like the majority of European Countries in that it has a common law legal system

Answer 1

False

Question 2

The original meaning of Common Law was the law that was applied throughout the realm, as opposed to that applicable to a specific locality

Answer 2

True

Question 3

The role of the judge is to both state the law and to create the law

Answer 3

False

Question 4

Parliament is credited with the ability to create and repeal any piece of legislation on any topic whatsoever

Question 5

The common law is not static, but subject to constant affirmation, revision and development by modern judges

Question 6

Which court developed a number of equitable remedies?

A) The Magistrates Court
B) The Crown Court
C) The Supreme Court
D) The European Court of Human Rights
E) The Court of Chancery

Question 7

What does the term 'overruling ' mean?

A) A lower court disagrees with the decision made by a higher court
B) A higher court overturns the decision of a lower court in the same case
C) A higher court agrees with the decision of a lower court in the same case
D) A higher court overturns the decision of a lower court in a different case
E) The Supreme Court overrules the decision made in any other court

Question 8

What does the term 'obiter ' include? Select all that apply

A) The legal reasoning behind the decision
B) Something said in a dissenting judgment
C) Speculation on the outcome of the case if the facts had been different
D) An explanation as to what the outcome of the case might have been if the judge was not bound by precedent
E) Something said which was not meant

Question 9

What are the forms that European Union Law may take?

A) Directives
B) Regulations
C) Opinions and Recommendations
D) Conventions
E) Decisions

Question 10

Which of the following are sources of law?

A) Common law
B) Civil law
C) Statute law
D) Equity
E) European Union law

Question 11

Which of the following come under 'legislation' as a source of law?

A) Case law
B) Referendums
C) Orders in Council
D) Statutory Instruments
E) Bye-laws

Question 12

Which of the following are necessary for a precedent to be binding? Select all that apply

A) The precedent must be the ratio of the previous decision
B) Facts must be analogous
C) Part of the previous decision must be obiter
D) Decided case must have been heard in a higher court (or the same level under certain circumstances)
E) Facts do not have to be similar

Question 13

What does the term 'obiter' include? Select all that apply

A) The legal reasoning behind the decision
B) Something said in a dissenting judgment
C) Speculation on the outcome of the case if the facts had been different
D) An explanation as to what the outcome of the case might have been if the judge was not bound by precedent
E) Something said which was not meant

Question 14

What are the forms that European Union Law may take?

A) Directives
B) Regulations
C) Opinions and Recommendations
D) Conventions
E) Decisions

Question 15

Match up the stages with which a Bill goes through Parliament with the procedure
-First reading

A)The provisions of the Bill are considered in detail and may be amended in such a way as to ensure that it conforms with the general approval given by the House
B)The general principles of the Bill are subject to extensive debate
C)The standing committee reports the Bill back to the House for consideration of any amendments made during the committee stage
D)Formal procedure in which its title is read and a date set for its second reading

Question 16

Match up the stages with which a Bill goes through Parliament with the procedure
-Second reading

A)The provisions of the Bill are considered in detail and may be amended in such a way as to ensure that it conforms with the general approval given by the House
B)The general principles of the Bill are subject to extensive debate
C)The standing committee reports the Bill back to the House for consideration of any amendments made during the committee stage
D)Formal procedure in which its title is read and a date set for its second reading

Question 17

Match up the stages with which a Bill goes through Parliament with the procedure
-Committee stage

A)The provisions of the Bill are considered in detail and may be amended in such a way as to ensure that it conforms with the general approval given by the House
B)The general principles of the Bill are subject to extensive debate
C)The standing committee reports the Bill back to the House for consideration of any amendments made during the committee stage
D)Formal procedure in which its title is read and a date set for its second reading

Question 18

Match up the stages with which a Bill goes through Parliament with the procedure
-Report stage

A)The provisions of the Bill are considered in detail and may be amended in such a way as to ensure that it conforms with the general approval given by the House
B)The general principles of the Bill are subject to extensive debate
C)The standing committee reports the Bill back to the House for consideration of any amendments made during the committee stage
D)Formal procedure in which its title is read and a date set for its second reading

Question 19

Only four substantive acts have been passed into law without the consent of the House of Lords. Match up the acts below to the year they were introduced
-The War Crimes Act

A) 1991
B) 1999
C) 2000
D) 2004

Question 20

Only four substantive acts have been passed into law without the consent of the House of Lords. Match up the acts below to the year they were introduced
-The European Parliamentary Elections Act

A) 1991
B) 1999
C) 2000
D) 2004

Question 21

Only four substantive acts have been passed into law without the consent of the House of Lords. Match up the acts below to the year they were introduced
-The Sexual Offences (Amendment) Act

A) 1991
B) 1999
C) 2000
D) 2004

Question 22

Only four substantive acts have been passed into law without the consent of the House of Lords. Match up the acts below to the year they were introduced
-The Hunting Act 2004

A) 1991
B) 1999
C) 2000
D) 2004

Question 23

Legislation can be categorised in a number of ways. Match up the following types of legislation with their meaning
-Public Acts

A)Legislation which relate to matters affecting the general public
B)Legislation which gives power to a particular person or body to oversee the production of the specifi c details required for the implementation of the general purposes stated in the parent Act
C)Legislation which relate to the powers and interests of particular individuals or institutions (although the provision of statutory powers to particular institutions can have a major effect on the general public)
D)Legislation which is designed to bring together provisions previously contained in a number of different Acts, without actually altering them.

Question 24

Legislation can be categorised in a number of ways. Match up the following types of legislation with their meaning
-Private Acts

A)Legislation which relate to matters affecting the general public
B)Legislation which gives power to a particular person or body to oversee the production of the specifi c details required for the implementation of the general purposes stated in the parent Act
C)Legislation which relate to the powers and interests of particular individuals or institutions (although the provision of statutory powers to particular institutions can have a major effect on the general public)
D)Legislation which is designed to bring together provisions previously contained in a number of different Acts, without actually altering them.

Question 25

Legislation can be categorised in a number of ways. Match up the following types of legislation with their meaning
-Enabling legislation

A)Legislation which relate to matters affecting the general public
B)Legislation which gives power to a particular person or body to oversee the production of the specifi c details required for the implementation of the general purposes stated in the parent Act
C)Legislation which relate to the powers and interests of particular individuals or institutions (although the provision of statutory powers to particular institutions can have a major effect on the general public)
D)Legislation which is designed to bring together provisions previously contained in a number of different Acts, without actually altering them.

Question 26

Legislation can be categorised in a number of ways. Match up the following types of legislation with their meaning
-Consolidating legislation

A)Legislation which relate to matters affecting the general public
B)Legislation which gives power to a particular person or body to oversee the production of the specifi c details required for the implementation of the general purposes stated in the parent Act
C)Legislation which relate to the powers and interests of particular individuals or institutions (although the provision of statutory powers to particular institutions can have a major effect on the general public)
D)Legislation which is designed to bring together provisions previously contained in a number of different Acts, without actually altering them.

Question 27

European Community law deals with what types of matters?

Question 28

Having given an authoritative judgment upon an issue, the judge will have laid down the legal principle for other judges to follow in cases with similar facts. This is termed the ___

Question 29

Under the new rules of ___, it did not amend the common law, but allowed the litigant who had failed to establish a claim at common law, or had been disappointed by the remedies available there, to seek an equitable remedy that made good the defects of the common law in a particular case

Question 30

The doctrine of ___ states that the will of Parliament (in the form of an Act) cannot be called into question by any body or court outside Parliament itself

Question 31

What does the term 'overruling' mean?

A) A lower court disagrees with the decision made by a higher court
B) A higher court overturns the decision of a lower court in the same case
C) A higher court agrees with the decision of a lower court in the same case
D) A higher court overturns the decision of a lower court in a different case
E) The Supreme Court overrules the decision made in any other court

Question 32

Which court developed a number of equitable remedies?

A) The Magistrates Court
B) The Crown Court
C) The Supreme Court
D) The European Court of Human Rights
E) The Court of Chancery

Question 33

Which of the following forms of delegated legislation are used as an alternative to other legislative forms when there is good reason, for example, in an emergency or when Parliament is not sitting?

A) Statutory Instruments
B) Bylaws
C) Orders in council
D) Orders in Parliament
E) Common law instruments

Question 34

The original meaning of Common Law was the law that was applied throughout the realm, as opposed to that applicable to a specific locality

Question 35

The role of the judge is to both state the law and to create the law

Question 36

Parliament is credited with the ability to create and repeal any piece of legislation on any topic whatsoever

Question 37

The common law is not static, but subject to constant affirmation, revision and development by modern judges

Question 38

Equity is a relatively new principle

Question 39

The Human Rights Act requires that legislation so far as reasonably practical must be read in such a way that it gives effect to the European Convention on Human Rights

Question 40

Parliament does not have any say in how the secondary legislation should be made

Question 41

What is the literal definition for the term 'stare decisis'?

A) Like cases should be treated alike
B) Each case is individual
C) To make a decision based on its merits
D) To stand by what has been decided
E) One must not follow past decisions

Question 42

What is the difference between a Bill and an Act?

A) A Bill is a draft law and only when a Bill is given Royal Assent does it become an Act
B) An Act is a draft law and only when an Act is given Royal Assent does it become a Bill
C) There is no difference
D) A Bill is primary legislation whereas an Act is secondary legislation
E) A Bill only applies to certain people

Question 43

Which doctrine is vital to the common law legal system?

A) Obiter dicta
B) Ratio decidendi
C) Ultra vires
D) Equitable maxims
E) Judicial precedent

Question 44

What is the impact of the Human Rights Act 1998 on the doctrine of precedent?

A) It allows the courts to send cases to the European Court of Human Rights if they are having difficulty in reaching a decis
B) It requires courts to take into account any previous decision of the European Court of Human Rights
C) There is no impact
D) It allows the House of Lords to overrule decisions of the European Court of Human Rights
E) It means that the doctrine is no longer valid in civil cases

Question 45

Which of the following is a form of delegated legislation and is created by Local Authorities to cover matters in their own area and aim to abate a particular nuisance?

A) Orders in council
B) Orders in Parliament
C) Statutory Instruments
D) Bylaws
E) Common law instruments

Question 46

Judges have to follow set ___, even if they are very reluctant to do so