Deck 11: Judicial Reasoning and Politics

Question 1

The Human Rights Act 1998 can be said to have heightened the potential for conflict between the executive and the judiciary

Answer 1

True

Question 2

Which of the following are objectives of the process of judicial review?

A) That judges are held accountable for their actions
B) That acts of parliament have been correctly interpreted by a public body
C) That any powers conferred by acts of parliament have been lawfully exercised by a public body
D) That the decision maker has acted in any manner which they saw fit, either fairly or unfairly
E) That this decision maker has not violated human rights

Answer 2

B,C,E
Explanation:The aims of judicial review include: that acts of parliament have been correctly interpreted by a public body, that any powers conferred by acts of parliament have been lawfully exercised by a public body and that this decision maker has not violated human rights

Question 3

Match up these following types of reasoning to their meaning
-Deductive reasoning

A)Reasoning from the whole to the part; from the general to the particular
B)Reasoning from the part to the whole; from the particular to the general
C)Reasoning from part to part

Answer 3

B

Question 4

Match up these following types of reasoning to their meaning
-Inductive reasoning

A)Reasoning from the whole to the part; from the general to the particular
B)Reasoning from the part to the whole; from the particular to the general
C)Reasoning from part to part

Question 5

Match up these following types of reasoning to their meaning
-Reasoning by analogy

A)Reasoning from the whole to the part; from the general to the particular
B)Reasoning from the part to the whole; from the particular to the general
C)Reasoning from part to part

Question 6

Using deductive logic, match up these assumptions about judicial precedent
-Precedent

A)In case X involving particular circumstances, legal principle Y was applied leading to conclusion Z
B)In case W, similar circumstances to those in X have occurred
C)Principle Y must be applied to reach a conclusion similar to Z

Question 7

Using deductive logic, match up these assumptions about judicial precedent
-Instant case

A)In case X involving particular circumstances, legal principle Y was applied leading to conclusion Z
B)In case W, similar circumstances to those in X have occurred
C)Principle Y must be applied to reach a conclusion similar to Z

Question 8

Using deductive logic, match up these assumptions about judicial precedent
-Therefore

A)In case X involving particular circumstances, legal principle Y was applied leading to conclusion Z
B)In case W, similar circumstances to those in X have occurred
C)Principle Y must be applied to reach a conclusion similar to Z

Question 9

Match up these private law remedies to their meaning
-Declaration

A)This is a defi nitive statement, by the High Court or county court, of what the law is in a particular area
B)Seeks to restrain a person from breaking the law; alternatively or may instruct someone to undo what they have previously done
C)Cannot be awarded on their own in relation to administrative misconduct, but may be claimed in addition where one of the other remedies considered above is sought

Question 10

Match up these private law remedies to their meaning
-Injunction

A)This is a defi nitive statement, by the High Court or county court, of what the law is in a particular area
B)Seeks to restrain a person from breaking the law; alternatively or may instruct someone to undo what they have previously done
C)Cannot be awarded on their own in relation to administrative misconduct, but may be claimed in addition where one of the other remedies considered above is sought

Question 11

Match up these private law remedies to their meaning
-Damages

A)This is a defi nitive statement, by the High Court or county court, of what the law is in a particular area
B)Seeks to restrain a person from breaking the law; alternatively or may instruct someone to undo what they have previously done
C)Cannot be awarded on their own in relation to administrative misconduct, but may be claimed in addition where one of the other remedies considered above is sought

Question 12

Match up the following preorgative orders with their meaning
-A quashing order

A)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
B)It relates to invalid acts of public authorities, but it is different to the extent that it is preemptive and prescriptive in regard to any such activity and operates to prevent the authority from taking invalid decisions in the first place
C)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

Match up the following preorgative orders with their meaning
-A prohibiting order

A)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
B)It relates to invalid acts of public authorities, but it is different to the extent that it is preemptive and prescriptive in regard to any such activity and operates to prevent the authority from taking invalid decisions in the first place
C)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 14

Match up the following preorgative orders with their meaning
-A mandatory order

A)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
B)It relates to invalid acts of public authorities, but it is different to the extent that it is preemptive and prescriptive in regard to any such activity and operates to prevent the authority from taking invalid decisions in the first place
C)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 15

How does inductive reasoning differ from deductive reasoning?

Question 16

What was the impact of the Human Rights Act 1998 on judicial review?

Question 17

Why may judicial activism be criticised?

Question 18

Why may the social imbalance among the judiciary have a negative effect on the decision making process?

Question 19

The American Supreme Court Judge, eminent legal writer and proponent of Legal Realism , Oliver Wendel Holmes expressed it: 'The life of the law has not been ___, it has been experience' ( The Common Law (1881))

Question 20

The binding element in any precedent is the ___ of the decision

Question 21

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

Question 22

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

Question 23

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

A) Procedural ultra vires
B) Statutory ultra vires
C) Substantive ultra vires
D) Minimal ultra vires
E) Mandatory ultra vires

Question 24

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?

A) A sentence or fine
B) The merits of a decision
C) An enactment
D) A charge for an offence
E) A decision, action or failure to act in relation to the exercise of a public function

Question 25

Only mandatory injunctions may be sought against a public authority

Question 26

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

Question 27

A claim in judicial review is an appeal against a decision

Question 28

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?

A) Strict cases
B) Hard cases
C) Rigid cases
D) Soft cases
E) Flexible cases

Question 29

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

A) A syllogism
B) An analogy
C) A sequence
D) A similarity
E) A parallel

Question 30

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

A) Injunction
B) Damages
C) Pronouncement
D) Declaration
E) Assertion

Question 31

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

A) Preliminary injunction
B) Preventative injunciton
C) Mandatory injunction
D) Permanent injunction
E) Restraining injunction

Question 32

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?

A) A quashing order
B) A prohibiting order
C) A mandatory order
D) Certiorari
E) Prohibition

Question 33

What does procedural ultra vires mean?

A) When a judge took his personal views into consideration when making a decision
B) When a judge was subject to political pressure
C) Where the delegated legislation goes beyond what Parliament intended
D) When a judge does not adhere to judicial precedent
E) Where the enabling Act sets out specific rules to be followed by the law-making body and this is not followed

Question 34

What is substantial ultra vires?

A) When a judge was subject to political pressure
B) Where the enabling Act sets out specific rules to be followed by the law-making body
C) When the judge does not adhere to judicial precedent
D) Where the delegated legislation goes beyond what Parliament intended
E) When a judge took his personal views into consideration when making a decision

Question 35

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?

A) Quantity
B) Proportionality
C) Substantiality
D) Marginality
E) Accessibility

Question 36

Judicial review holds which organ of the state legally accountable?

A) Executive
B) Legislature
C) Judiciary
D) Civil Service
E) Monarchy

Question 37

Which of the following statements are FALSE?

A) The determination of the ratio and thus the precedent in a previous case may be seen as a process of deductive reasoning
B) The binding element in any precedent is the ratio decidendi of the decision
C) It is for politicians to determine the ratio of any authority
D) In delivering his decision, the judge does not separate the ratio of the case from other obiter comments
E) The ratio is a legal abstraction from the concrete facts of the case in which it appears

Question 38

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