Question 1

Critics have said that judges are increasingly allowing their ___ views to play a factor in making their decision

Accepted Answer

The answer of Critics have said that judges are increasingly...

Question 2

a ___ order, formerly known as certiorari, is the mechanism by means of which decisions of inferior courts, tribunals and other authoritative bodies are brought before the High Court to have their validity examined

Accepted Answer

The answer of a ___ order, formerly known as certiorari,...

Question 3

The grounds of an application for judicial review can be considered under two heads. What are they?

Accepted Answer

The grounds of application can be considered under two heads: procedural ultra vire s and substantive ultra vires

Question 4

Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of what?

Accepted Answer

Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of an enactment or a decision, action or failure to act in relation to the exercise of a public function

Question 5

Only mandatory injunctions may be sought against a public authority

Accepted Answer

Both mandatory and prohibitive injunctions may be sought against a public authority.

Question 6

Damages can be awarded on their own in relation to administrative misconduct

Accepted Answer

Damages are typically awarded as a remedy in civil cases, not solely for administrative misconduct, which may require other forms of redress or disciplinary actions.

Question 7

A claim in judicial review is an appeal against a decision

Accepted Answer

A claim in judicial review is not an appeal against a decision but a challenge to the way in which a decision has been made, focusing on the legality, reasonableness, and procedural fairness of the decision-making process.

Question 8

What type of cases are decided on the basis of judicial reaction to the immediate facts of the case and demand a consideration of the legal principles involved in order to achieve a just result?

Accepted Answer

Hard cases are decided on the basis of judicial reaction to the immediate facts of the case. Such a situation, however, is clearly antithetical to the declaratory theory of law

Question 9

Some statutory provisions and also some common law rules can be expressed in what form?

Accepted Answer

Some statutory provisions and also some common law rules can be expressed in the form of a syllogism

Question 10

A definitive statement, by the High Court or county court, of what the law is in a particular area is known as a what?

Accepted Answer

A declaration is a definitive statement, by the High Court or county court, of what the law is in a particular area. The procedure may be used by an individual or body to clarify a particularly contentious situation

Question 11

What type of injunction may instruct someone to undo what they have previoiusly done?

Accepted Answer

Usually, an injunction seeks to restrain a person from breaking the law; alternatively, however, a mandatory injunction may instruct someone to undo what they have previously done

Question 12

Which type of preorgative order is an order issued by the High Court instructing an inferior court or some other public authority to carry out a duty laid on them?

Accepted Answer

A mandatory order , formerly known as mandamus , may be seen as the obverse of a prohibiting order, in that it is an order issued by the High Court instructing an inferior court or some other public authority to carry out a duty laid on them

Question 13

What does procedural ultra vires mean?

Accepted Answer

Procedural ultra vires , as its name suggests, relates to the failure of a person or body, provided with specifi c authority, to follow the procedure established for using that power

Question 14

What is substantial ultra vires?

Accepted Answer

Substantive ultra vires occurs where someone does something that is not actually authorised by the enabling legislation

Question 15

Which of the following is a key principle within the jurisdiction of the ECtHR, and is used frequently to assess the validity of State action which interferes with individual rights protected under the Convention?

Accepted Answer

Proportionality is a key principle within the jurisdiction of the ECtHR, and is used frequently to assess the validity of State action which interferes with individual rights protected under the Convention

Question 16

Judicial review holds which organ of the state legally accountable?

Accepted Answer

Judicial review is the way in which the executive are held legally accountable and it ensures that government departments, local authorities, and state agencies exercise their powers in a lawful way. Judicial review examines the legality of decisions made by such bodies

Question 17

Which of the following statements are FALSE?

Accepted Answer

Statements a and c are incorrect, the determination of the ratio and thus the precedent in a previous case may be seen as a process of inductive reasoning and is for judges not politicians in subsequent cases to determine the ratio of any authority

Question 18

Lord Diplock introduced the possibility of a much more wide-ranging reason for challenging administrative decisions: namely, the doctrine of ___

Accepted Answer

The answer of Lord Diplock introduced the possibility of a...

Quiz 11: Judicial Reasoning and Politics