Legal Decision Making Quiz

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Questions and Answers

Which factor will the court NOT consider when reaching a decision?

  • Whether the defendant was an inexperienced learner
  • Whether the defendant was acting in the course of his or her profession
  • Whether the defendant was using the standard of the reasonable person (correct)
  • Whether the defendant was a child

In a claim for psychiatric injury, who is considered a secondary victim?

  • A person in danger of being injured in the accident
  • A person injured in the accident
  • A rescuer
  • A bystander who saw or heard the accident (correct)

What is NOT part of the work of the Law Commission?

  • Researching aspects of the current law
  • Enacting new laws (correct)
  • Consulting with those interested in law reform
  • Making proposals for law reform

When new legislation is enacted in Parliament, which house is USUALLY more powerful?

<p>The House of Commons (D)</p> Signup and view all the answers

Which statement best describes the availability of legal aid in a civil case?

<p>Rarely available, and is subject to means testing (A)</p> Signup and view all the answers

In a court decision, what does 'acting in the course of his or her profession' refer to?

<p>Engaging in professional duties at the time of the incident (B)</p> Signup and view all the answers

In a claim for negligence, what does the court need to determine?

<p>Breach of the duty of care (A)</p> Signup and view all the answers

Which factor is crucial in a negligence claim?

<p>Proof of liability (B)</p> Signup and view all the answers

What is the main focus in assessing damages for a breach of duty?

<p>Extent of property damage (A)</p> Signup and view all the answers

Which action is essential to protect one's legal rights in case of negligence?

<p>Preserving evidence to support the claim (C)</p> Signup and view all the answers

What is a common remedy sought in cases involving breach of duty?

<p>Damages compensation (A)</p> Signup and view all the answers

Which legal concept is typically associated with negligence claims?

<p>Res ipsa loquitur (B)</p> Signup and view all the answers

What is one of the aspects of the role of a High Court judge when hearing a negligence case?

<p>Applying the relevant legal principles to determine liability (D)</p> Signup and view all the answers

Why does Harun owe a duty of care to Izzy based on occupiers’ liability rules?

<p>Because Izzy is a guest at Harun's hotel (A)</p> Signup and view all the answers

In the scenario provided, what did Kandy fail to do regarding Jake’s rights and remedies?

<p>Kandy failed to notice Jake due to being distracted by her mobile phone (D)</p> Signup and view all the answers

Which of the following would be an incorrect right or remedy for Jake against Kandy in the context of negligence?

<p>Demand for Kandy's car as compensation (B)</p> Signup and view all the answers

What is one key aspect needed in Question 09 according to the text?

<p>Offering a clear, logical, and sustained line of reasoning (A)</p> Signup and view all the answers

How does the Occupiers’ Liability Act 1984 reflect moral rules regarding trespassers?

<p>By balancing property owners' rights with a duty of care towards trespassers (C)</p> Signup and view all the answers

What crucial factor does the court need to determine in a claim for negligence?

<p>Breach of the duty of care</p> Signup and view all the answers

Why does Harun owe a duty of care to Izzy based on occupiers’ liability rules?

<p>Because of the Occupiers’ Liability Act 1984</p> Signup and view all the answers

What is one key aspect needed in Question 09 according to the text?

<p>Referencing cases, statutes, and examples</p> Signup and view all the answers

What is the main focus in assessing damages for a breach of duty?

<p>Compensation for the harm suffered</p> Signup and view all the answers

Which legal concept is typically associated with negligence claims?

<p>Duty of care</p> Signup and view all the answers

When new legislation is enacted in Parliament, which house is USUALLY more powerful?

<p>House of Commons</p> Signup and view all the answers

What will the court not take into account when reaching a decision in a legal case?

<p>Whether the defendant was using the standard of the reasonable person.</p> Signup and view all the answers

In a claim for psychiatric injury, who is considered a secondary victim?

<p>A bystander who saw or heard the accident.</p> Signup and view all the answers

What is NOT part of the work of the Law Commission?

<p>Enacting new laws.</p> Signup and view all the answers

When new legislation is enacted in Parliament, which house is USUALLY more powerful?

<p>The House of Commons.</p> Signup and view all the answers

Which statement best describes the availability of legal aid in a civil case?

<p>Rarely available, and is subject to means testing.</p> Signup and view all the answers

What best describes a secondary victim in a claim for psychiatric injury?

<p>A bystander who saw or heard the accident.</p> Signup and view all the answers

Discuss the legal responsibilities of an occupier towards a trespasser under the Occupiers' Liability Act 1984.

<p>An occupier owes a duty to take reasonable care to avoid causing harm to trespassers on their property.</p> Signup and view all the answers

Explain the concept of contributory negligence in the context of a negligence case.

<p>Contributory negligence refers to the situation where the claimant's own negligence contributes to their injury or loss.</p> Signup and view all the answers

Analyze the legal remedies available to a victim in a negligence case where contributory negligence is a factor.

<p>In such cases, the victim may still be entitled to damages, but the amount awarded might be reduced based on the degree of contributory negligence.</p> Signup and view all the answers

Discuss the importance of establishing duty of care in a negligence case involving personal injury.

<p>Establishing duty of care is crucial as it forms the basis for determining whether the defendant owed a legal obligation to the claimant to avoid causing harm.</p> Signup and view all the answers

Explain the significance of the High Court judge's role in assessing damages in a negligence case.

<p>The High Court judge plays a key role in determining the appropriate amount of compensation to be awarded to the claimant based on the losses suffered.</p> Signup and view all the answers

Evaluate the relationship between legal rules and moral rules in the context of the Occupiers' Liability Act 1984.

<p>The Occupiers' Liability Act 1984 reflects a balance between legal duties and moral obligations towards trespassers, ensuring a level of protection without imposing excessive burdens on property owners.</p> Signup and view all the answers

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