Chapter 1 Flashcards

(36 cards)

1
Q

What is a basic distinction often made in the classification of law?
A) Public law and private law
B) Civil law and criminal law
C) English law and Roman law
D) Administrative law and constitutional law

A

Answer: A

Explanation: A basic distinction in the classification of law is often made between public law and private law, as stated in the text.

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2
Q

What is public law primarily concerned with?
A) The enforcement of contracts
B) Disputes between private individuals or organizations
C) The legal structure of the state and relationships between the state and individuals
D) The regulation of international trade

A

Answer: C

Explanation: Public law is concerned with the legal structure of the state, relationships between the state and individuals, and relationships between states.

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3
Q

Which of the following is included in public law?
A) Contract law, tort law, and property law
B) Constitutional law, administrative law, and criminal law
C) Civil law, Roman law, and common law
D) International trade law, maritime law, and family law

A

Answer: B

Explanation: Public law includes constitutional law, administrative law, and criminal law, as mentioned in the text.

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4
Q

What is the relationship between public law and the state?
A) Public law focuses on disputes between private individuals
B) Public law governs the legal structure of the state and its relationships with individuals and other states
C) Public law is only concerned with criminal activities
D) Public law regulates international trade agreements

A

Answer: B

Explanation: Public law governs the legal structure of the state, relationships between the state and individuals, and relationships between states.

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5
Q

Which legal systems are mentioned as a basis for classifying law?
A) Public law and private law
B) Criminal law and administrative law
C) English common law and civil (Roman) law
D) International law and constitutional law

A

Answer: C

Explanation: The text mentions English common law and civil (Roman) law as systems used to classify law.

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6
Q

What does constitutional law primarily refer to?
A) The enforcement of criminal law
B) The resolution of disputes between private individuals
C) The structure of the main institutions of government and how they work with each other
D) The regulation of international trade

A

Answer: C

Explanation: Constitutional law refers to the structure of the main institutions of government and how they interact, including relationships between the two Houses of Parliament and between central and local government.

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7
Q

Which of the following is included in constitutional law?
A) The making of treaties with foreign states
B) The enforcement of contracts
C) The regulation of property rights
D) The establishment of trade agreements

A

Answer: A

Explanation: Constitutional law includes the making of treaties with foreign states, as well as the status, function, and powers of various government entities.

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8
Q

What is the basis of constitutional law in the UK?
A) A single written constitution
B) Interpretations of the U.S. Constitution
C) Statutes, common law, and conventions
D) International treaties

A

Answer: C

Explanation: The UK does not have a single written constitution. Instead, its constitutional law is based on statutes, common law, and conventions.

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9
Q

How does constitutional law differ in the United States compared to the UK?
A) The UK has a written constitution, while the U.S. does not
B) The U.S. has a written constitution, while the UK does not have a single written constitution
C) Both countries rely solely on conventions for constitutional law
D) The UK bases its constitutional law on interpretations by the Supreme Court

A

Answer: B

Explanation: In the United States, constitutional law revolves around interpretations of the U.S. Constitution by the Supreme Court, whereas the UK does not have a single written constitution and instead relies on statutes, common law, and conventions.

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10
Q

Which entities’ status, function, and powers are included in constitutional law?
A) Private corporations and trade unions
B) International organizations and foreign governments
C) Local businesses and community groups
D) The Monarch, Members of Parliament, Government Ministers, the Judiciary, the Civil Service, and the Armed Forces

A

Answer: D

Explanation: Constitutional law includes the status, function, and powers of the Monarch, Members of Parliament, Government Ministers, the Judiciary, the Civil Service, and the Armed Forces.

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11
Q

What role does the Supreme Court play in U.S. constitutional law?
A) It interprets the U.S. Constitution
B) It enforces criminal law
C) It regulates international trade agreements
D) It drafts new constitutional amendments

A

Answer: A

Explanation: In the United States, much of constitutional law revolves around interpretations of the U.S. Constitution by the Supreme Court.

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12
Q

What is a key feature of constitutional law in countries with a written constitution?
A) It is based on a single document outlining the structure and powers of government
B) It relies solely on conventions and traditions
C) It excludes the making of treaties with foreign states
D) It is identical across all countries

A

Answer: A

Explanation: In countries with a written constitution, constitutional law is based on a single document that outlines the structure and powers of government.

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13
Q

What is a unique characteristic of the UK’s constitutional law?
A) It is based on statutes, common law, and conventions
B) It is entirely unwritten and undocumented
C) It is identical to the U.S. Constitution
D) It excludes the powers of the Monarch

A

Answer: A

Explanation: The UK’s constitutional law is unique because it is not based on a single written constitution but rather on statutes, common law, and conventions.

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14
Q

Which of the following is NOT included in constitutional law?
A) The regulation of property rights
B) The making of treaties with foreign states
C) The relationship between central and local government
D) The powers of the Judiciary

A

Answer: A

Explanation: Constitutional law does not include the regulation of property rights, which falls under private law.

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15
Q

What governs the relationship between the two Houses of Parliament in the UK?
A) Constitutional law
B) Criminal law
C) Contract law
D) International law

A

Answer: A

Explanation: Constitutional law governs the relationship between the two Houses of Parliament in the UK.

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16
Q

What is a key characteristic of a crime?
A) It is considered a public wrong affecting society at large
B) It is only defined by moral standards
C) It does not involve harm to individuals or public interests
D) It is always committed against a specific individual

A

Answer: A

Explanation: A crime is considered a public wrong because it affects society at large by making people feel less secure and safe from harm.

17
Q

Which of the following is an example of a general defence in criminal law?
A) Theft
B) Burglary
C) Loss of control
D) Drug trafficking

A

Answer: C

Explanation: Loss of control is an example of a general defence in criminal law, which can be used to mitigate or excuse criminal liability.

18
Q

How does the definition of criminal conduct vary?
A) It depends on geographic location and historical context
B) It is only based on moral standards
C) It is the same across all countries
D) It does not change over time

A

Answer: A

Explanation: The definition of criminal conduct varies based on geographic location and historical context. For example, homosexuality is a crime in some countries but not in others.

19
Q

What changed in England and Wales with the Suicide Act of 1961?
A) Suicide was decriminalized
B) Homosexuality was legalized
C) Drug offences were introduced
D) Road traffic laws were amended

A

Answer: A

Explanation: The Suicide Act of 1961 decriminalized attempting suicide in England and Wales, reflecting evolving societal views and legal frameworks.

20
Q

Which of the following is an offence against public order?
A) Theft
B) Burglary
C) Rioting
D) Manslaughter

A

Answer: C

Explanation: Rioting is an offence against public order, as it disrupts societal peace and safety.

21
Q

What is an example of how societal views shape criminal law?
A) The decriminalization of suicide in England and Wales in 1961
B) The introduction of road traffic offences
C) The enforcement of theft laws
D) The regulation of property disputes

A

Answer: A

Explanation: The decriminalization of suicide in England and Wales in 1961 illustrates how societal views and legal frameworks evolve over time.

22
Q

What is the primary distinction between criminal law and tort or contract law?

A) Criminal law addresses private disputes, while tort and contract law address public wrongs.
B) Criminal law is a subcategory of private law, while tort and contract law fall under public law.
C) Criminal law addresses public wrongs, while tort and contract law address private disputes.
D) Criminal law and tort law are identical in their legal processes

A

Answer: C

Explanation: Criminal law addresses actions deemed unacceptable by society, marking them as public wrongs. In contrast, tort and contract law address private disputes between parties.

23
Q

Who typically initiates a case in criminal law?

A) An individual against another individual
B) The state (or the Crown)
C) A private company
D) A non-governmental organization

A

Answer: B

Explanation: In criminal law, the state (or the Crown) brings charges against a person, as it involves public wrongs.

24
Q

What is the main goal of civil law, such as tort or contract law?

A) To punish the wrongdoer
B) To offer compensation to the aggrieved party
C) To establish behavioural benchmarks
D) To deter the general population from committing crimes

A

Answer: B

Explanation: The main goal of civil law is to offer compensation to the aggrieved party, typically in the form of monetary damages.

25
What is a key purpose of criminal law? A) To regulate international trade B) To establish behavioural benchmarks reflecting societal values C) To resolve disputes between private individuals D) To enforce contracts
Answer: B Explanation: Criminal law establishes behavioural benchmarks that citizens are expected to adhere to, reflecting societal values rooted in morality or religious beliefs.
26
What is the principle of deterrence in criminal law? A) Punishing wrongdoers to motivate the public to abide by the law B) Resolving disputes between private parties C) Providing monetary compensation to victims D) Establishing international treaties
Answer: A Explanation: The principle of deterrence aims to discourage the general population from engaging in unlawful behaviour by penalising wrongdoers.
27
What are common law offences? A) Crimes defined by statutes B) Crimes established through court decisions C) Crimes that are not punishable by law D) Crimes that only apply to international cases
Answer: B Explanation: Common law offences are crimes established through court decisions, such as murder and manslaughter, which rely on case law.
28
Which of the following is an example of a statutory offence? A) Murder B) Manslaughter C) Theft under the Theft Act 1968 D) Assault and battery under common law
Answer: C Explanation: Theft is a statutory offence defined under the Theft Act 1968 (s.1).
29
What is the role of case law in statutory offences? A) It has no role in statutory offences. B) It refines the specifics of statutory offences. C) It replaces statutory definitions. D) It only applies to international crimes.
Answer: B Explanation: Case law can refine the specifics of statutory offences, providing further interpretation and application.
30
What is an example of a crime prosecuted under a statute but defined by common law? A) Theft under the Theft Act 1968 B) Rape under the Sexual Offences Act 2003 C) Assault and battery under the Criminal Justice Act 1988 D) Intentional wounding under the Offences Against the Person Act 1861
Answer: C Explanation: Assault and battery are prosecuted under the Criminal Justice Act 1988 (s.39), but their definitions are influenced by common law, such as the case of Fagan v. Metropolitan Police Commissioner (1969).
31
What is the outcome of a criminal trial if the accused is found not guilty? A) The accused is acquitted. B) The accused is declared liable. C) The accused is fined. D) The accused is sentenced to community service.
Answer: A Explanation: If the accused is found not guilty in a criminal trial, they are acquitted.
32
What is the primary focus of tort and contract law? A) Addressing public wrongs B) Resolving private disputes between parties C) Punishing wrongdoers D) Establishing societal behavioural benchmarks
Answer: B Explanation: Tort and contract law focus on resolving private disputes between parties
33
What is the primary difference in outcomes between criminal and civil trials? A) Criminal trials determine liability, while civil trials determine guilt. B) Criminal trials determine guilt or innocence, while civil trials determine liability. C) Both criminal and civil trials determine guilt. D) Both criminal and civil trials determine liability
Answer: B Explanation: Criminal trials determine whether the accused is guilty or not guilty, while civil trials determine whether the defendant is liable or not.
34
Which of the following is an example of a common law offence? A) Theft under the Theft Act 1968 B) Murder C) Rape under the Sexual Offences Act 2003 D) Intentional wounding under the Offences Against the Person Act 1861
Answer: B Explanation: Murder is a common law offence, as its definition relies on case law and judicial precedent.
35
What is the core aim of the criminal justice system? A) To provide monetary compensation B) To penalise those who commit offences C) To establish international treaties D) To resolve private disputes
Answer: B Explanation: The core aim of the criminal justice system is retributive, aiming to penalise those who commit offences.
36
What is the significance of the case Fagan v. Metropolitan Police Commissioner (1969)? A) It defined the crime of theft. B) It influenced the definition of assault and battery. C) It established the principle of deterrence. D) It introduced the concept of statutory offences.
Answer: B Explanation: The case of Fagan v. Metropolitan Police Commissioner (1969) influenced the definition of assault and battery under common law.