chapter 1

Question 1

What does public law deal with?

Answer 1

A: Relationships between individuals and the state.

Question 2

Name three types of public law.

Answer 2

A: Constitutional law, administrative law, and criminal law.

Question 3

What is private law concerned with?

Answer 3

A: Legal relationships between individuals or organisations.

Question 4

Name three types of criminal offences.

Answer 4

A: Summary offences, either-way offences, indictable-only offences.

Question 5

Who prosecutes criminal cases in England and Wales?

Answer 5

A: The Crown Prosecution Service (CPS).

Question 6

What is a pre-sentence report (PSR)?

Answer 6

A: A report by a probation officer recommending possible sentences.

Question 7

Who has the burden of proof in a criminal case?

Answer 7

A: The prosecution.

Question 8

What is private law?

Answer 8

A: Law governing relationships between individuals or businesses.

Question 9

What are the two main types of jurisdiction?

Answer 9

A: Territorial and subject matter jurisdiction.

Question 10

What is codification in law?

Answer 10

A: Writing laws into organised codes to avoid confusion.

Question 11

Is English law fully codified?

Answer 11

A: No, only parts like criminal law are codified.

Question 12

What is ‘judge-made law’ also called?

Answer 12

A: Common law or precedent.

Question 13

Who appoints judges in England and Wales?

Answer 13

A: The Monarch, advised by the Lord Chancellor and the Judicial Appointments Commission.

Question 14

What is the adversarial system?

Answer 14

A: A court process where two sides argue, and a judge or jury decide

Question 15

What is equity in law?

Answer 15

A: A system of law based on fairness, created by the Lord Chancellor.

Question 16

What’s the difference between common law and equity?

Answer 16

A: Common law follows strict rules; equity offers fair solutions when those rules are too rigid.

Question 17

What is the Earl of Oxford’s case known for?

Answer 17

A: Establishing that equity prevails over common law in conflicts.

Question 18

What did the Judicature Acts 1873–75 do?

Answer 18

A: Combined common law and equity courts into one system.

Question 19

Name three remedies provided by equity.

Answer 19

A: Trusts, specific performance, injunctions.

Question 20

What is promissory estoppel?

Answer 20

A: A promise that becomes legally enforceable when someone relies on it to their detriment.

Question 21

What’s the difference between a Public Bill and a Private Bill?

Answer 21

A: Public Bills affect everyone; Private Bills affect specific individuals or groups.

Question 22

What’s a Private Members’ Bill?

Answer 22

A: A bill introduced by an MP who is not part of the government.

Question 23

When does a bill become law?

Answer 23

A: After it passes both Houses and receives Royal Assent.

Question 24

What happens if a bill doesn’t complete all its stages before Parliament ends?

Answer 24

A: It lapses and must start again in the next session.

Question 25

What does Section 3 of the Human Rights Act 1998 require courts to do?

Answer 25

A: Interpret laws in a way that respects human rights where possible.

Question 26

What happens if UK law contradicts human rights?

Answer 26

A: The court may issue a declaration of incompatibility, but the law stays in force.

Question 27

How did Brexit affect statutory interpretation?

Answer 27

A: Post-Brexit UK laws don’t have to follow EU law—except for some areas like the Northern Ireland Protocol.

Question 28

What is the lowest civil court in England?

Answer 28

A: The County Court.

Question 29

Which High Court division handles contract and tort?

Answer 29

A: The Queen’s Bench Division (QBD).

Question 30

What does 'stare decisis' mean?

Answer 30

A: Let the decision stand – follow previous rulings.

Question 31

What is judicial precedent?

Answer 31

A: Using earlier court decisions as a guide for future cases.

Question 32

What is the ‘ratio decidendi’?

Answer 32

A: The legal reason for the decision – it is binding in future cases.

Question 33

What does ‘obiter dicta’ mean?

Answer 33

A: Comments made by judges that are not binding but may be persuasive.

Question 34

Can the Supreme Court overrule itself?

Answer 34

A: Yes, since 1966, but it does so rarely.

Question 35

What is meant by ‘reversing’ a decision?

Answer 35

A: When a higher court changes a ruling in the same case.

Question 36

What does it mean to ‘distinguish’ a case?

Answer 36

A: To avoid following a precedent by showing the facts are different.

Question 37

What was the Insurance Companies Act 1982 based on?

Answer 37

A: European Directives (now replaced by FSMA 2000).

Question 38

What do motor insurance directives aim to do?

Answer 38

A: Harmonise motor insurance law across EU countries

Question 39

Name a UK law based on an EU directive affecting product liability.

Answer 39

A: Consumer Protection Act 1987.

Question 40

When were the CPR (civil procedure rules) introduced?

Answer 40

A: 26 April 1999 (after the Woolf Report).

Question 41

What is the purpose of EU Motor Insurance Directives?

Answer 41

A: To harmonise motor insurance laws across Europe.

Question 42

In what court must a personal injury claim over £50,000 be started?

Answer 42

A: The High Court.

Question 43

What type of case must always start in the High Court?

Answer 43

A: Defamation cases.

Question 44

What happens if a claimant fails to beat a defendant’s Part 36 offer?

Answer 44

A: The claimant may have to pay the defendant’s costs from the time the offer should have been accepted.

Question 45

What is a Conditional Fee Agreement (CFA)?

Answer 45

A: A “no win, no fee” agreement where the lawyer is paid only if they win.

Question 46

What is a Damages-Based Agreement (DBA)?

Answer 46

A: An agreement where the lawyer takes a percentage of the damages if the client wins.

Question 47

What is third-party funding?

Answer 47

A: When an unrelated person or company funds the litigation in exchange for a share of the winnings.

Question 48

Can a winning claimant recover ATE premiums or CFA success fees from the losing party?

Answer 48

A: No – not for agreements made after 1 April 2013.

Question 49

What is QOCS and who benefits?

Answer 49

A: Qualified One-Way Costs Shifting – protects PI claimants from paying the defendant’s costs if they lose.

Question 50

Why are costs budgets important in multi-track cases?

Answer 50

A: Because courts will limit recoverable costs to the last approved budget unless there is good reason to depart from it.

Question 51

What are the typical responsibilities of a solicitor?

Answer 51

A: Giving legal advice, drafting documents, negotiating, and preparing cases. Some can also represent clients in court.

Question 52

Which body represents solicitors?

Answer 52

A: The Law Society.

Question 53

Which body regulates barristers?

Answer 53

A: The Bar Standards Board.

Question 54

What is a ‘Public Access’ barrister?

Answer 54

A: A barrister who can be directly instructed by the public without a solicitor.

Question 55

What is meant by 'legal personality'?

Answer 55

A: The ability of an entity to have legal rights and duties.

Question 56

What is the difference between status and capacity?

Answer 56

A: Status is the class someone belongs to; capacity is their legal ability to act.

Question 57

What is testamentary capacity?

Answer 57

A: The mental ability to make a valid will.

Question 58

What is the legal impact of mental incapacity in tort law?

Answer 58

A: The person can still be held liable, but certain defences may apply.

Question 59

Can a bankrupt be a company director?

Answer 59

A: No, unless they get permission from the court.

Question 60

How long does bankruptcy typically last?

Answer 60

A: One year, though credit impacts last longer.

Question 61

What makes a marriage void or voidable?

Answer 61

A: Void if under 16; voidable in cases like duress or mistake.

Question 62

Can spouses sue each other in tort?

Answer 62

A: Yes, since the Law Reform (Husband and Wife) Act 1962.

Question 63

What is a corporation?

Answer 63

A: A juristic person with its own legal identity, separate from its members.

Question 64

What is the benefit of forming a corporation?

Answer 64

A: Limited liability, tax advantages, raising capital, and professional image.

Question 65

Can corporations own property and enter contracts?

Answer 65

A: Yes, just like natural persons.

Question 66

What is a corporation sole?

Answer 66

A: A legal entity representing an office held by one person at a time (e.g., the Monarch).

Question 67

What is a corporation aggregate?

Answer 67

A: A group of people acting as one legal entity, e.g., a registered company.

Question 68

Name three types of corporation aggregate.

Answer 68

A: Chartered, Statutory, and Registered.

Question 69

What are the benefits of an LLP?

Answer 69

Flexibility of a partnership with limited liability and individual taxation.

Question 70

What is the main purpose of a CIC?

Answer 70

To operate a business that benefits the community rather than generating profit for shareholders.

Question 71

What is an unlimited company?

Answer 71

A company where members are fully liable for debts; fewer regulations and more privacy.