MCQ’s Flashcards
How does a white paper differ from a green paper?
White papers are policy documents produced by the government that set out their proposals for future legislation.
Green papers are consultation documents.
An English common law judgement comprises only two decisive elements.
What are they?
Ratio decidendi - binding
Obiter dictum - persuasive
Who has contributed meaningfully to the development of the legal system in England and wales?
(A) monarchy.
(B) nobility.
(C) judiciary.
What is the correct court procedure when being charged for murder?
The case will be sent for trial to a suitable crown court nearby, and the woman will be tried in front of a jury after the necessary number of preliminary hearings.
Leapfrog procedure
Allows an appeal from the high court to the supreme court where there is an urgent need to obtain authoritative interpretation of the matter in dispute
What division of the high court is the patents court in and what is the meaning of a patent?
Patent court is within the chancery division of the high court.
Patent - an exclusive right granted for an invention.
Benefits inventors by providing them with legal protection of their inventions.
Procedural irregularity
A legal process that is not issued in accordance with the prescribed practice.
E.g. a judge continuously interrupts the defence advocate and does not allow him to develop his defence.
How are court of appeal decisions binding?
They are binding upon courts below it in the court hierarchy.
What case would provide relevant guidance to a judge in deciding the issue of coercive control?
Lord Coke in Darnels case 1627.
A freeman imprisoned without cause is civilly dead.
If a client wants to appeal a decision by a district judge in the county court, where will the appeal be heard?
By a circuit judge in the same county court.
If a decision is made by the court of appeal in favour of the claimant.
Where can the defendant obtain permission to appeal?
Court of appeal and the Supreme Court
Can the high court uphold a deportation order for a non-uk national living in the UK?
No because the convention provides that member countries must secure the convention rights for everyone within their jurisdiction.
After reading an act, what does the date in brackets mean?
It is the date the statute received Royal Assent.
Will a paralegal be subject to regulation by an approved legal regulator?
Yes, by the solicitors regulation authority.
