Chapter 1 - New Questions

Question 1

Which legal system has been adopted in many countries including the US, parts of Canada, Australia, New Zealand, and various states in Africa and the Far East?

Answer 1

Common Law, a major legal system originating from English Law.

Question 2

What is the main focus of public law?

Answer 2

Relationships between private individuals.

Question 3

What is the core principle of the criminal justice system?

Answer 3

Retribution and aiming to penalise offenders.

Question 4

How can the specifics of a statutory offence be further refined?

Answer 4

By subsequent case law.

Question 5

What are the three categories of criminal offences?

Answer 5

• Common Law
• Statutory
• Civil

Question 6

Which type of offence is considered the most serious and must be tried in the court with a Jury?

Answer 6

Indictable-only offences.

Question 7

What is the first step in the criminal justice process after a crime has been reported?

Answer 7

The police investigate the alleged offence.

Question 8

In which court does a defendant typically make their first appearance after being charged with a crime?

Answer 8

The magistrates court.

Question 9

What must the prosecution prove in a criminal trial to secure a conviction?

Answer 9

The defendants guilt built a reasonable doubt.

Question 10

If a defendant is found guilty, what may occur before sentencing?

Answer 10

The sentencing is postponed to obtain a pre-sentence report (PSR.)

Question 11

What is the principle of “presumption of innocence”?

Answer 11

The prosecution must prove the defendants guild, as the defendant is presumed innocent.

Question 12

What is another term commonly used for private law in England?

Answer 12

Civil Law.

Question 13

Which of the following is a characteristic that distinguishes English law from other legal systems?

Answer 13

Judge-made law

Question 14

What is one of the main reasons why English law has remained consistent over time?

Answer 14

It has a history of over 900 years without interruption

Question 15

What is the role of judges in the English legal system compared to many other countries?

Answer 15

Judges create new laws through decisions in superior courts

Question 16

What ensures the independence of judges in the UK from political interference?

Answer 16

Senior judges can only be removed by a motion approved by both Houses of Parliament

Question 17

How does the inquisitorial system, common in continental Europe, differ from the adversarial system used in England?

Answer 17

The court actively participates in discovering the truth

Question 18

What significant change did the Civil Procedure Rules, introduced in April 1999, bring to the English courts?

Answer 18

They granted courts more extensive powers to manage cases

Question 19

How does English law traditionally differ from many other countries in terms of fundamental rights?

Answer 19

English law does not traditionally define fundamental, unchangeable rights for its citizens

Question 20

What must new legislation presented to Parliament now include according to the Human Rights Act 1998?

Answer 20

A provision for its automatic review by the European Court of Human Rights

Question 21

According to the ‘rule of law’, how should laws generally be characterized?

Answer 21

Reasonably certain and predictable

Question 22

What was the primary role of the ‘travelling judges’ established after the Norman Conquest of 1066?

Answer 22

To apply local customs uniformly across the country

Question 23

What was a significant defect of the early common law system?

Answer 23

It had elaborate procedures that could leave claimants without redress.

Question 24

What significant change did the Judicature Acts 1873–75 bring to the English legal system?

Answer 24

They merged the common law courts and the Court of Chancery into a unified court system.

Question 25

At what stage in the legislative process is a bill’s general merit debated and voted upon?

Answer 25

Second Reading

Question 26

What is required for a bill to become an Act of Parliament?

Answer 26

Approval from both Houses of Parliament and the Royal Assent.

Question 27

Which Act provides an example of a Public Bill that came into force a year after receiving Royal Assent?

Answer 27

The Consumer Insurance (Disclosure and Representations) Act 2012

Question 28

Which stage is primarily a formality where only the title of the bill is read out and printed?

Answer 28

First Reading

Question 29

Which Act is an example of a codifying Act?

Answer 29

The Partnership Act 1890

Question 30

Which of the following is NOT a form of delegated legislation?

Answer 30

Consolidating Acts

Question 31

What does the Interpretation Act 1978 specify about the use of words in legislation?

Answer 31

Words used in the singular include the plural and vice versa.

Question 32

What is the literal rule of statutory interpretation?

Answer 32

Constructing words and phrases according to their ordinary sense and applying grammar and punctuation.

Question 33

What is the 'golden rule' of statutory interpretation?

Answer 33

Choosing an interpretation that avoids absurd results, even if it deviates from the literal meaning.

Question 34

What does the mischief rule focus on in statutory interpretation?

Answer 34

The problem or ‘mischief’ that the statute was intended to address.

Question 35

Under the Human Rights Act 1998, how should courts interpret statutory provisions?

Answer 35

In a way that is compatible with the rights protected under the Human Rights Act.

Question 36

Which court replaced the House of Lords as the final court of appeal in the UK on 1 October 2009?

Answer 36

The Supreme Court

Question 37

What is the primary function of the Chancery Division of the High Court?

Answer 37

To deal with company matters, partnerships, and trusts.

Question 38

Which court hears appeals from the Crown Court in criminal cases?

Answer 38

The Court of Appeal (Criminal Division)

Question 39

What does the doctrine of binding precedent require a judge to follow?

Answer 39

The legal principle established in earlier cases with similar facts.

Question 40

Can the Supreme Court depart from its own previous decisions?

Answer 40

Yes, but it has done so very rarely.

Question 41

How are decisions of the Court of Appeal (Civil Division) regarded in relation to the High Court?

Answer 41

They are binding on the High Court.

Question 42

Are decisions made in the Magistrates’ Courts binding on other courts?

Answer 42

No, decisions in Magistrates’ Courts are not binding on any other court.

Question 43

What principle allows the Court of Appeal (Civil Division) to deviate from its own previous decisions?

Answer 43

The decision is not binding if it conflicts with a Supreme Court decision.

Question 44

What is the significance of the principle of 'stare decisis'?

Answer 44

It requires courts to follow the legal principles established in previous cases.

Question 45

Which of the following best describes the impact of 'obiter dicta'?

Answer 45

They are persuasive and may influence future cases but are not binding.

Question 46

What is the main disadvantage of the system of precedent?

Answer 46

It can lead to rigidity and difficulty in changing established rules.

Question 47

Which court’s decisions are binding on the Crown Court and Magistrates’ Courts?

Answer 47

The Supreme Court.

Question 48

In which publication are decisions of the House of Lords found?

Answer 48

Appeal Cases

Question 49

Which of the following is a specialist law report important to insurance students and practitioners?

Answer 49

Lloyd’s Reports

Question 50

What is the role of the All England Reports in legal reporting?

Answer 50

They offer general reports of cases from various courts.

Question 51

Which of the following is NOT a source of law reports mentioned in the text?

Answer 51

Harvard Law Review

Question 52

What is the current status of local custom as a source of general law in England?

Answer 52

It is a minor source of law.

Question 53

How did English common law originally develop?

Answer 53

Through customs adopted throughout the country.

Question 54

What happens to a long-established local custom that applies to a specific area and group of people?

Answer 54

It may give those people rights that the law will support.

Question 55

Is local custom still a significant source of general law in modern times?

Answer 55

No, it is no longer a source of general law.

Question 56

What major change did the Lisbon Treaty bring to the European Community (EC)?

Answer 56

It renamed the EC to the European Union (EU) and eliminated the EC.

Question 57

Which of the following is NOT one of the main institutions of the European Union?

Answer 57

The European Council

Question 58

What role does the Court of Justice of the European Union (CJEU) play?

Answer 58

It is the ultimate court of appeal on matters of European law.

Question 59

What was one of the aims of the Treaty of Rome, beyond economic integration?

Answer 59

To harmonize criminal law across Europe.

Question 60

What effect did the European Union (Withdrawal) Act 2018 (EUWA) have on the European Communities Act 1972 (ECA)?

Answer 60

It repealed the ECA, removing the mechanism for the automatic flow of EU law into UK law.

Question 61

Which Act replaced the Insurance Companies Act 1982, which was based on European Directives?

Answer 61

The Financial Services and Markets Act 2000

Question 62

How is European legislation related to the Consumer Protection Act 1987?

Answer 62

The Act is based on an EC Directive and affects product liability insurance.

Question 63

Which of the following statements about the European Court of Justice (ECJ) is true?

Answer 63

The ECJ’s judges deliberate in secret and issue a collective judgment.

Question 64

In the FCA test case, what was the primary objective of the litigation?

Answer 64

To seek judicial clarity on the meaning of certain policy clauses regarding business interruption losses.

Question 65

Which court is appropriate for a claim involving personal injury with a value of less than £50,000?

Answer 65

The County Court

Question 66

What action must a defendant take within 14 days of receiving the Particulars of Claim if they wish to defend the claim?

Answer 66

File an acknowledgment of service or a defense

Question 67

If a claim is allocated to the Small Claims Track, what is the new limit for personal injury claims arising from road traffic accidents from 31 May 2021?

Answer 67

£5,000

Question 68

What is a key feature of the Small Claims Track regarding expert evidence?

Answer 68

No expert evidence is allowed without the court's permission.

Question 69

What type of claims is typically allocated to the Fast Track?

Answer 69

Claims for breach of contract or professional negligence where the total claimed exceeds £10,000

Question 70

What is the general time frame for a case allocated to the Fast Track to be heard and concluded?

Answer 70

Within 30 weeks and concluded in one day

Question 71

In a Fast Track case, what is typically restricted to ensure efficiency?

Answer 71

Use of oral evidence and number of expert witnesses

Question 72

Which type of claims is allocated to the Multi-Track?

Answer 72

Claims for sums exceeding £25,000, or those requiring complex expert evidence

Question 73

Who usually manages a Multi-Track case?

Answer 73

A High Court Judge or Circuit Judge

Question 74

What types of litigation funding are available in the UK?

Answer 74

Conditional fee agreements, damages-based agreements, fixed fees, and third-party funding

Question 75

Which case highlighted the legitimacy of litigation funding in the UK?

Answer 75

Arkin v. Borchard Lines Ltd & Others

Question 76

Under the new rules, what is the maximum percentage of damages that can be taken as a contingency fee for personal injury claims?

Answer 76

25%

Question 77

What does Qualified One-Way Costs Shifting (QOCS) entail for personal injury claims?

Answer 77

Claimants do not have to pay the defendant’s costs if they lose, except in specific circumstances

Question 78

What is a defining characteristic of third-party funding (litigation funding)?

Answer 78

The third party finances all or part of the legal costs in return for a fee from the proceeds

Question 79

In a third-party funding arrangement, what happens if the litigant loses the case?

Answer 79

The third party loses their 'investment'

Question 80

When were significant reforms to civil litigation funding introduced in the UK?

Answer 80

April 2013

Question 81

Which body regulates solicitors in England and Wales?

Answer 81

The Solicitors Regulation Authority

Question 82

What is one significant change introduced by the Public Access scheme for barristers in 2004?

Answer 82

Barristers are now allowed to represent clients directly without a solicitor.

Question 83

In the context of criminal law, what is the age below which a child is presumed incapable of committing a crime in England and Wales?

Answer 83

10

Question 84

Which legislation raises the minimum age for purchasing National Lottery tickets and for selling them?

Answer 84

National Lottery (Revocation and Amendment) Regulations 2021

Question 85

In contract law, what happens if a contract is entered into by a person who lacks mental capacity at the time of the agreement?

Answer 85

The contract is voidable at the option of the incapacitated party.

Question 86

Regarding property law, what happens if a person with severe mental disability is coerced into selling their home?

Answer 86

The sale could be invalidated if they lacked the capacity to understand the transaction.

Question 87

What restriction may apply to a bankrupt individual under employment law?

Answer 87

They are restricted from practicing in certain professions or running a business without informing others of their bankruptcy.

Question 88

What historical legal restriction regarding marriage was removed by the Law Reform (Husband and Wife) Act 1962?

Answer 88

The restriction preventing spouses from suing each other in tort.

Question 89

Which of the following is a key characteristic of a corporation?

Answer 89

It has an independent and separate legal personality from its owners.

Question 90

What is one reason for forming a corporation?

Answer 90

To benefit from limited liability for shareholders.

Question 91

How is a chartered corporation aggregate typically created?

Answer 91

By a Royal Charter granted by the Crown.

Question 92

What distinguishes a statutory corporation aggregate from other types of corporations?

Answer 92

It is established by Parliament through specific legislation to serve a public interest.

Question 93

Which type of company does not have share capital and is often used for non-profit organizations?

Answer 93

Company limited by guarantee

Question 94

How do unincorporated associations handle legal proceedings?

Answer 94

They must conduct legal proceedings through their members.

Question 95

What is a common reason for unincorporated associations to eventually adopt a formal legal structure?

Answer 95

To mitigate risks and challenges associated with their informal structure.

Question 96

How might unincorporated associations' informal nature affect their operations?

Answer 96

It restricts their ability to hold property and engage in formal contracts.