Diagnostic test

. Chapter 1. What kind of "system" does England and Wales operate under?

a) A civil law system

b) A common law system

c) An equitable system

d) None of the options given are correct

. Chapter 1. Which of the following statements best describes the function of a legal system?:

a) Protection of individual rights and liberties

b) Maintenance of public order

c) Conferral of obligations

d) All of the options given are correct

. Chapter 2. When does an Act of Parliament enter into force?

a) Upon Royal Assent always

b) Either on the commencement date stated in the statute, or where the statute is silent, upon Royal Assent.

c) On the day the House of Lords pass the Bill.

d) None of the options given are correct

. Chapter 2. "Ping pong" is the informal name given to which of the following situations?:

a) When a Parliamentary session has ended but the Bill is allowed to continue at the start of the next session.

b) When a Bill has been passed by one House but is sent back by the other House with amendments. In this situation, the Bill must pass back and forth between the two Houses until an agreement is reached.

c) When a Bill moves from its second reading in the House of Commons to the committee stage and then back to the House of Commons for the report stage.

d) When questions are asked in the reading stages and answers are given by the respective minister.

. Chapter 3. Which of the following is the correct statement as to the binding authority of the High Court on another High Court case?:

a) The High Court when sitting in its appellate capacity (i.e. a bench of judges) is generally binding on itself subject to the Bristol Aeroplane exceptions.

b) The High Court when sitting in its appellate capacity (i.e. a bench of judges) is binding on itself. The High Court is not subject to the same Bristol Aeroplane exceptions as the Court of Appeal.

c) The High Court when sitting in its first-instance capacity (i.e. a single judge) is generally binding on itself subject to the Bristol Aeroplane exceptions.

d) The High Court when sitting in its first-instance capacity (i.e. a single judge) is binding on itself. The High Court is not subject to the same Bristol Aeroplane exceptions as the Court of Appeal.

. Chapter 3. Which of the following statements best describes the judicial act of distinguishing a case?:

a) Distinguishing occurs when a court changes the law stated in a previous case.

b) Distinguishing occurs when a higher court changes the decision reached by a lower court.

c) Distinguishing occurs when a court indicates that the material facts of a previous case and those of the instant case are different.

d) Distinguishing occurs when a court indicates that the facts of a previous case and those of the instant case are the same.

. Chapter 4. What is the European Parliament?

a) The administrative body of the EU

b) The court of the EU

c) A court specialising in issues of human rights

d) The body which exercises democratic control over the operation of the EU

. Chapter 4. Which for the following is not an absolute right guaranteed by the European Convention on Human Rights?:

a) Right to life

b) Freedom from slavery

c) Freedom from torture

d) Right to a private and family life

. Chapter 5. Which of the following is the correct statement of law in relation to the burden of proof in criminal and civil cases?:

a) In criminal cases, the burden of proof is on the defence. In civil cases, the burden of proof is on the claimant.

b) In criminal cases, the burden of proof is on the prosecution. In civil cases, the burden of proof is on the claimant.

c) In criminal cases, the burden of proof is on the prosecution. In civil cases, the burden of proof is on the defence.

d) In both criminal and civil cases, the burden of proof is on the defence.

. Chapter 5. What is the role of the Court of Justice of the European Union?

a) To ensure that human rights are complied with

b) To ensure that Member States are treating EU citizens with respect

c) To ensure that, in the interpretation and application of the Treaties, the law is observed.

d) To interfere with non-EU matters in England and Wales

. Chapter 6. Which of the following bodies regulates the conduct of solicitors in England and Wales?

a) The Solicitors Society

b) The Legal Services Commission

c) The Law Society

d) Solicitors Regulation Authority

. Chapter 6. Which of the following accurately reflects the routes to qualification for barristers?:

a) A law degree, Bar Professional Training Course and Training Contract

b) A law degree, Legal Practice Course and Pupillage

c) A law degree, Legal Practice Course and Training Contract

d) A law degree, Bar Professional Training Course and Pupillage

. Chapter 7. In order to try a defendant for a summary offence in the magistrates' court, the information must be laid before him within what time period?

a) Within 6 months of the alleged offence

b) Within 6 months of being first questioned by the police

c) Within 12 months of the alleged offence

d) There is no time period

. Chapter 7. Magistrates' may issue fines to defendants convicted of offences according to the standard scale. How much is a fine on level 3 of the scale?

a) £2,500

b) £3,000

c) £5,000

d) £1,000

. Chapter 8. Which of the following accurately reflects the situation where the County Court and High Court shares concurrent jurisdiction in a case?:

a) The claimant has the choice as to where proceedings are commenced

b) The County Court will be allocated to the claimant's case

c)The High Court will be allocated to the claimant's case

d) The defendant has the choice as to where proceedings are commenced

. Chapter 8. Which of the following accurately reflects the law regarding defendant admissions under the Civil Procedure Rules 1998?:

a) At any time, the defence may admit the whole or part of the claimant's case. There are no formalities to comply with.

b) At any time, the defence may admit the whole or part of the claimant's case. In order to do so, however, their admission must be in writing.

c) The defence may only admit the whole or part of the claimant's case before the case has gone to trial. In order to do so the admission must be in writing.

d) At any time, the defence may admit the whole or part of the claimant's case. In order to do so, however, their admission must be made orally before a trial judge.

. Chapter 9. What work is undertaken by Citizen Advice?

a) Provide free information and advice on non-legal matters

b) Provide legal advice, for which it

c) Provide free representation in court

d) Provide free information and advice, on both legal and non-legal matters

. Chapter 9. What are damages-based agreements (DBAs)?

a) Lawyers receive their fees by taking a percentage out of the damages recovered by their own clients

b) A lawyer's fees are only paid if a judge decides what the fees should be

c) A lawyer's fees are fixed

d) Agreements to pay referral fees to a lawyer

Diagnostic test

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