Deck 1: Understanding the Law

Question 1

Which one of the following is not considered by philosophers to be a definition of law?

A) Law is a system of rules laid down by a body or person with the power and authority to make law.
B) Law is what legislators, judges and lawyers think the rules should be.
C) Law is a tool for oppression used by the ruling class to advance its own interests.
D) Law is a system of rules grounded in fundamental principles of morality.

Answer 1

B

Question 2

Which of the following is not an institutional source of English law?

A) Parliament.
B) The English courts.
C) The European Community.
D) The police.

Answer 2

D

Question 3

Which of the following are other terms used to describe a statute (select all that apply)?

A) Act of Parliament.
B) Primary legislation.
C) Delegated legislation.
D) Order in Council.

Answer 3

A, B

Question 4

Acts of Parliament are considered to be the supreme form of English law because..?

A) Parliament is sovereign and therefore statute law enacted by Parliament is considered to be supreme.
B) The European Community has designated Acts of Parliament to be supreme.
C) The common law world respects the UK legal tradition.
D) The Queen has decreed that Acts of Parliament are supreme.

Question 5

Which of the following statements most accurately describes a consequence of the sovereignty of Parliament?

A) It limits the powers of the judges as a legislative body.
B) It permits the Justices of the Supreme Court to sit in the House of Lords when it is conducting legislative business.
C) It limits the ability of any UK court to disapply an Act of Parliament.
D) It prevents European law from overriding an Act of Parliament.

Question 6

How are cases such as R (Jackson and Others) v Attorney-General [2005] UKHL 56 and H v Lord Advocate [2012] UKSC 24 changing our understanding of Parliamentary sovereignty?

Question 7

The term 'delegated legislation' includes (select all that apply):

A) regulations.
B) Codes of Practice.
C) statutory instrument.
D) case law.

Question 8

Delegated legislation derives its authority from the provisions of an Act of Parliament. This authorising Act is called the _______ Act.

Question 9

Tertiary legislation created by ministerial powers granted under the authority of statute may include (select all that apply):

A) statutory instruments.
B) circulars.
C) directives.
D) codes of practice.
E) by-laws.

Question 10

Non-legislative guidance issued by government officials which is not tertiary legislation is commonly referred to as '_____ law'?

Question 11

The Health and Safety Commission is empowered by statute to produce Codes of Practice providing employers with advice on meeting their legal obligations. The Codes have a special legal effect. In legal proceedings, the Commission may use an employer's failure to abide by the Codes as evidence of fault by the employer, unless s/he can show that s/he has complied with the law in some other way. On the basis of this information, what is the most likely legal form of these Codes?

A) Statutory instrument.
B) By-law.
C) Tertiary legislation.
D) Soft law.

Question 12

Match the appropriate definition to the two legal traditions.
-Civil law.

A) This legal tradition relies on a conceptual approach to law. It relies heavily on codified law and tends to adopt inquisitorial court processes.
B) This legal tradition relies on descriptive factual categories of law. It operates on a case-by-case basis and is based in the system of precedent. Court proceedings tend to be adversarial in form.

Question 13

Match the appropriate definition to the two legal traditions.
-Common law.

A) This legal tradition relies on a conceptual approach to law. It relies heavily on codified law and tends to adopt inquisitorial court processes.
B) This legal tradition relies on descriptive factual categories of law. It operates on a case-by-case basis and is based in the system of precedent. Court proceedings tend to be adversarial in form.

Question 14

Match the definitions of function to the court type.
-Trial courts.

A) Their function is to hear cases at 'first instance', including considering submissions from the parties to the action and relevant evidence including witness submissions, if relevant and admissible.
B) Their function is to reconsider the application of legal principles to the case (which may be by way of case stated) or, in some instances, it may include a reconsideration of the facts.

Question 15

Match the definitions of function to the court type.
-Appellate courts.

A) Their function is to hear cases at 'first instance', including considering submissions from the parties to the action and relevant evidence including witness submissions, if relevant and admissible.
B) Their function is to reconsider the application of legal principles to the case (which may be by way of case stated) or, in some instances, it may include a reconsideration of the facts.

Question 16

Match each civil court against its trial and appellate court status.
-County Court.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 17

Match each civil court against its trial and appellate court status.
-High Court.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 18

Match each civil court against its trial and appellate court status.
-Court of Appeal.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 19

Match each civil court against its trial and appellate court status.
-Supreme Court.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 20

Match each criminal court against its trial and appellate court status.
-Magistrates Court.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 21

Match each criminal court against its trial and appellate court status.
-Crown Court.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 22

Match each criminal court against its trial and appellate court status.
-Court of Appeal.

A) Trial court.
B) Trial court and appellate court.
C) Appellate court.
D) Appellate court.

Question 23

If a judge has the title 'Lady Justice', to which court has she been appointed?

A) Supreme Court.
B) Court of Appeal.
C) High Court.
D) Judicial Committee of the Privy Council.

Question 24

Summarise your understanding of the function of the Court of Appeal and the judges who sit in the court.

Question 25

Which of the following types of EU legislation is directly applicable in all Member States?

A) Decisons.
B) Directives.
C) Directions.
D) Regulations.

Question 26

Can the European Convention of Human Rights be described as an institutional source of English law? Discuss (250 words maximum).