Deck 1: Law and Legal Study

Question 1

Common law remedies are discretionary - they are awarded at the will of the court and depend on the behaviour and situation of the party claiming such remedies

Answer 1

False

Question 2

Which of the following statements are TRUE in regards to the introduction of the Criminal Justice and Immigration Act (CJIA) 2008?

A) It abolished the common law offences of blasphemy and blasphemous libel in England and Wales
B) It introduced new control orders and powers in relation to anti-social behaviour
C) It introduced a new order and the person to be made subject to such an order must be at least 21
D) It introduced the concept of the violent offender orders (VOO)
E) It introduced a new order where it is ' necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender ' in addition to sentencing in the case of conviction for specifi c violent offences.

Answer 2

A,B,D,E
Explanation:Part 7 of the Act, ss 98 to 117, introduced the concept of the violent offender orders (VOO)The person to be made subject to such an order must be at least 18, have been convicted of a 'specifi ed offence' and have received a sentence of at least one year in prison or a psychiatric hospital

Question 3

Which of the following statements are TRUE about civil cases?
.

Answer 3

Most civil cases are tried by a single judge sitting alone, who decides both questions of fact and questions of law. In most civil cases, the claimant has the burden of proving the essential facts in the statement of claim

Question 4

Which of the following have been employed to allow for special arrangements for disabled and vulnerable witnesses to give evidence?
.

Question 5

Match up these categories of law with the opposite category
-Common law systems

A)Statute law
B)Public law
C)Criminal law
D)Civil law systems

Question 6

Match up these categories of law with the opposite category
-Private law

A)Statute law
B)Public law
C)Criminal law
D)Civil law systems

Question 7

Match up these categories of law with the opposite category
-Common law

A)Statute law
B)Public law
C)Criminal law
D)Civil law systems

Question 8

Match up these categories of law with the opposite category
-Civil law

A)Statute law
B)Public law
C)Criminal law
D)Civil law systems

Question 9

Match up the below to whether they fall under the criminal or civil law
-Magistrates and Crown Court

A)Criminal Law
B)Criminal Law
C)Civil Law
D)Civil Law

Question 10

Match up the below to whether they fall under the criminal or civil law
-County Court and High Court

A)Criminal Law
B)Criminal Law
C)Civil Law
D)Civil Law

Question 11

Match up the below to whether they fall under the criminal or civil law
-Aims: Enforce standards of behaviour, protect, punish and rehabilitate

A)Criminal Law
B)Criminal Law
C)Civil Law
D)Civil Law

Question 12

Match up the below to whether they fall under the criminal or civil law
-Aims: Resolve disputes between individuals

A)Criminal Law
B)Criminal Law
C)Civil Law
D)Civil Law

Question 13

Match up the below to whether they fall under the criminal or civil law
-Standard of proof: Beyond reasonable doubt

A)Civil Law
B)Civil Law
C)Criminal Law
D)Criminal Law

Question 14

Match up the below to whether they fall under the criminal or civil law
-Standard of proof: Balance of probabilities

A)Civil Law
B)Civil Law
C)Criminal Law
D)Criminal Law

Question 15

Match up the below to whether they fall under the criminal or civil law
-Procedure: Arrest and charge by police, prosecution by CPS

A)Civil Law
B)Civil Law
C)Criminal Law
D)Criminal Law

Question 16

Match up the below to whether they fall under the criminal or civil law
-Procedure: Decision to bring an action made by the claimant

A)Civil Law
B)Civil Law
C)Criminal Law
D)Criminal Law

Question 17

What amounts to anti-social behaviour is not defined in specific terms, but what sort of behaviour do you think is it includes?

Question 18

Name some remedies which may be available in civil cases

Question 19

Note down the changes which were outlined for ASBO's when the coalition came into power in 2010

Question 20

The ___ system tends to be case centered, allowing scope for a more discretionary and pragmatic approach to the problems which appear before the court

Question 21

The civil law regulates disputes between individuals, whilst the ___ allows the State to regulate the behaviour of citizens

Question 22

The ___ approach to law, as it is commonly referred to, is posited on the existence of a discrete legal universe as the object of study

Question 23

___ was developed to soften the formal rigour of the common law

Question 24

___ law relates to individual citizens, whereas public law relates to institutions of government.

Question 25

Which of the following are common approaches to the study of law?

A) Black letter law
B) Contextualism
C) Positivism
D) Critical legal theory
E) Constructivism

Question 26

An application for an ASBO may be made by whom?

A) The individual/s who are subjected to the anti-social behaviour
B) Local authorities
C) Police forces
D) Registered social landlords
E) The British Transport Police

Question 27

Which of the following is NOT true of the criminal law?

A) Cases are tried in the Magistrates and Crown Courts
B) Sentences include imprisonment and community service
C) The standard of proof is beyond reasonable doubt
D) It resolves disputes between individuals
E) A decision to bring an action is made by the claimant

Question 28

Under the criminal law, it is the State that commences proceedings against the defendant, and administers an appropriate punishment

Question 29

Common law is law based on custom and considerations of equity and fairness

Question 30

Law is an informal mechanism of social control

Question 31

Not all criminal offences are committed against another person

Question 32

Critical legal theory is concerned with seeking a general explanation of the form of order, but more particularly it is concerned with a search for the explanation of why our society has developed its particular form of legal order

Question 33

The burden of proof lies with the prosecution in most civil cases

Question 34

What does the natural law approach claim?

A) That law can only contain rules which evolve naturally
B) That the law must be moral in order to be law
C) Law has no necessary basis in morality
D) The law must be immoral in order to be law
E) That it is impossible to assess law in terms of morality

Question 35

What is the definition of the term 'statute law'?

A) Law which is created by means of a referendum
B) Law that is expressly enacted or brought into being by the legislature
C) Law based on judicial precedent
D) Judge made law
E) Law that can never be amended

Question 36

Alongside the common and statute law, what is the third source of law that operates in the UK?

A) European Union law
B) Public law
C) Criminal law
D) Civil law
E) Private law

Question 37

If a person wishes to make a claim for personal injury, what category of law would their claim come under?

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

Question 38

In what circumstance does the court does not have to award an equitable remedy?

A) Where the defendant did not intend to cause harm or damage to the claimant
B) Where the conduct of the defendant was not deemed 'serious'
C) Where the conduct of the party seeking such an award has been such that the party does not deserve it
D) Where the courts feel that the party seeking the award do not financially need the award

Question 39

What is the level of proof required in criminal cases?

A) Balance of probabilty
B) The standard of the judge
C) Beyond reasonable doubt
D) The standard of a reasonable man
E) Absolute certainty

Question 40

Which approach to law is the following quote describing - 'Society requires particular tasks to be undertaken, be it the maintenance of order or the regulation of economic activity, and it is the function of law to perform those tasks'

A) Black letter law
B) Positivism
C) Critical legal theory
D) Contextualism
E) Constructivism

Question 41

What is the old name for the first formal stage of a civil proceeding is normally the issue and service of a claim form?
.

Question 42

Remedies in ___ are discretionary - in other words they are awarded at the will of the court and depend on the behaviour and situation of the party claiming such remedies.