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Chapter 17 End-of-chapter questions
Tribunals
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not completed
Tribunals are in many ways similar to courts, but there are nonetheless certain significant differences between the two institutions. Which of the following statements, describing such differences, are accurate? Select
all
that apply.
Determinations made by courts are binding on parties, whereas those made by tribunals are not.
correct
incorrect
Only courts can deal with applications for judicial review; no tribunal has the power to do this.
correct
incorrect
Some tribunals can make use of fact-finding powers, whereas courts do not normally do this in judicial review proceedings.
correct
incorrect
Parliament retains ultimate control of tribunals, whereas courts tend to be much more free to regulate their own procedures and jurisdiction.
correct
incorrect
It is more common for those appearing before courts to have legal representation and multiple-day hearings; this is less common in tribunal hearings.
correct
incorrect
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Tribunals can offer a speedier and sometimes more effective alternative for dispute resolution than the courts. That being the case, what barriers exist to effective tribunal access? Select
all
that apply.
The success rate in tribunals is very low.
correct
incorrect
Legal aid is not available for most tribunal cases.
correct
incorrect
Many people do not know about appealing to a tribunal or view it as unnecessarily complicated or difficult to navigate.
correct
incorrect
Legal representation is mandatory for many appeals.
correct
incorrect
There are tribunal fees.
correct
incorrect
There are prohibitively short time limits for appealing.
correct
incorrect
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Which of the following act as controls or restraints on the discretion of judges and tribunal decision-making in general? Select
all
that apply.
Decisions are always subject to the possibility of appeal, either to the Upper Tribunal or to the Court of Appeal.
correct
incorrect
Judges must follow precedents set by either senior tribunals or courts.
correct
incorrect
Judges can be dismissed by ministers if they decide too many cases against their department.
correct
incorrect
Tribunal decisions can be judicially reviewed, albeit on limited grounds.
correct
incorrect
Statutory provisions limit the jurisdiction of tribunals.
correct
incorrect
Tribunals must accept the facts as they are presented to them.
correct
incorrect
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not completed
Given what you now know about tribunals in the UK, which of the following statements below are true? Select
all
that apply.
Tribunals are now independent in that they are staffed by professional judges and are distinct from the government institutions whose decisions they examine.
correct
incorrect
Whilst the tribunal process has been modernised and improved, in practice only a small number of administrative decisions are appealed to tribunals.
correct
incorrect
The powers of immigration and social security tribunals have been gradually expanded by successive governments.
correct
incorrect
The existence of tribunals has resulted in the government improving its decision–making and making considerable efforts to 'get things right' first time.
correct
incorrect
In practice, the vast majority appeals to tribunals are unsuccessful.
correct
incorrect
Tribunals are subject to some judicial oversight in terms of judicial review, although courts are generally reluctant to intervene too frequently.
correct
incorrect
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