Law and the Legal System MCQ PDF

Multiple Choice Questions and Answers Law and the Legal System 1. The term 'English law' is most commonly used when describing: a. The law applied within the United Kingdom b. Law passed by Westminster with the approval of the devolved institutions c....

Multiple Choice Questions and Answers Law and the Legal System 1. The term 'English law' is most commonly used when describing: a. The law applied within the United Kingdom b. Law passed by Westminster with the approval of the devolved institutions c. The law applied in Great Britain d. The law applied in England & Wales Answer: English Law' is the shorthand for the law applied in England & Wales. This is because there is a single jurisdiction covering both England & Wales 2. The term 'common law' when used to describe the 'legal system' of England & Wales means: a. That case law has a higher status than legislation b. That the system of laws are highly codified c. That particular importance is placed on cases decided by the courts d. That statutes are used to 'fill the gaps' left by the case law Answer: The term 'common law' when applied to a legal system means that decided cases are an important source of law and of interpretation 3. How many distinct legal systems operate in the United Kingdom? a. 5 b. 3 c. 2 d. 9 Answer: The three distinct legal systems in operation in the United Kingdom are: England & Wales, Scotland and Northern Ireland 4. Which school of legal theory would argue that law can only be regarded as such when it is recognised by human-made authority? a. Legal Realism b. Natural Law Theory c. Legal Positivism d. Critical Legal Studies Answer: Legal Positivists believe that the content of the law is not to be questioned on the basis of a moral judgment. Law's validity instead derives from sovereignty and authority. Sources of Law 5. The constitutional arrangements of the English Legal System could be best described as: a. Uncodified and comprising of many sources b. Fully codified c. Derived from statute alone d. Derived from case law alone Answer: The UK has a rich set of constitutional sources, some of which are written and some of which are unwritten. There is no single codified document that lays out the full constitution. 6. Primary legislation is made by: a. Ministers b. Courts c. The House of Commons acting alone d. Parliament Answer: Primary Law (Acts of Parliament) are made by the House of Commons, the House of Lords and the Queen acting in collaboration as Parliament 7. In order for ‘custom and practice’ to become a source of law it must have been existence since ‘time immemorial’. The term ‘time immemorial’ means: a. 1688 b. 1832 c. 1189 d. 1066 Answer: Time immemorial is important for establishing certain property or other rights. It is intended to refer to a time before legal history and beyond legal memory. The date was set to the first reign of King Richard 1189. 8. Which of the following are equitable maxims: a. Equity acts in personam b. He who comes to equity must come with clean hands c. Nemo dat quod non habe d. Between equal equities the first in order of time shall prevail Answer: Equity acts in personam', 'He who comes to equity must come with clean hands' and 'Between equal equities the first in order of time shall prevail' are all maxims of equity. 9. In terms of international law, the English Legal System is described as being a ‘dualist’ system. The term ‘dualist system’ means that international law becomes part of the English Legal System: a. When brought into effect by domestic law (normally though an Act of Parliament). b. When recognised by the courts c. When ratified by the Government d. Automatically Answer: In dualist systems, any agreements made in international law need to be fully incorporated into English law before they can have any domestic effect. 10. When classifying laws people often draw a distinction between ‘public’ and ‘private’ law. In this context when we say ‘public law’ we mean: a. The law that applies to open spaces b. The law that applies between individuals c. The law that applies between the state and the individual d. The law that applies when public bodies are contracting in a private capacity Public law governs the relationship between the state and individuals. Private law governs the relationships between individuals. Institutions of the legal system 11. Within a legal system the legislature typically has the role of: a. Making the law b. Administering and executing the law c. Interpreting and applying the law Answer: The legislature passes the law. In the English Legal System the legislature is Parliament. 12. With which branch of the Government is the role of administering the most closely associated? a. Judiciary b. Legislature c. Executive Answer: The executive administers the law. In the English Legal System the executive is the Monarch, the Prime Minister, the Government, the police, the armed forces and other agencies. 13. The Lords Spiritual and the Lords Temporal sit in the House of Lords. The Lords Spiritual are: a. Those peers drawn from across all major religions. b. Those peers who declare themselves to have a belief in God. c. Those peers who inherit their place in the House of Lords. d. The Bishops of the Church of England. Answer: The Lords Spiritual are the 26 bishops of the Church of England. 14. Within the Parliament of the United Kingdom, the House of Commons is typically regarded as the ‘superior’ chamber because: a. The Prime Minister is drawn from the Members of Parliament in the Commons b. The House of Lords is elected. c. The House of Commons is elected. d. The House of Commons has a larger membership. Answer: The House of Commons is regarded as the superior chamber largely because it is elected and so has democratic legitimacy. 15. Which of the following best describes the operation of the 'separation of powers' in the English Legal System a. Separation of powers is achieved through a strict separation of the personnel of the branches of state. b. Separation of powers is achieved through a strict separation of the functions of the branches of state. c. Separation of powers is achieved in a hybrid manner with each branch utilising checks and balances to avoid an abuse of power. Answer: The constitutional settlement in the UK does not adhere to a strict formulation of separation of powers but operates instead on a system of checks and balances. 16. Which of the following govern the selection of the Prime Minister: a. The Monarch selects the Prime Minister b. The Prime Minister is selected from the House of Commons c. The Prime Mnister must be able to command the confidence of the House of Commons.  d. The Prime Minister will always be the leader of the party who secures the most seats at the General Election. Answer: The Monarch will select the Prime Minister from the House of Commons and that person must be able to command the confidence of the House. 17. Judges are often selected to lead Public Inquiries into events that have caused concern amongst the public. Judges are likely to be chosen because: a. The public respect and trust the judiciary and their independence. b. They are used to dealing with complex evidence. c. They are used to handling witnesses. d. Their recommendations will automatically become binding law. Answer: Judges make good leaders of Public Inquiries because their background and skills mean that they are well-suited to dealing with evidence and witnesses. They are also respected amongst the public and so their findings are likely to be respected. Primary Legislation 18. The practical impact of parliamentary sovereignty is that: a. That an earlier Parliament cannot bind a later Parliament. b. That the courts of England & Wales cannot rule a validly passed Act of Parliament unlawful. c. That Parliament is the only institution that can make binding law. Answer: Parliamentary sovereignty means that courts cannot overrule an Act of Parliament. It also means that Parliament cannot bind itself. 19. A Public Bill: a. Has general application b. Applies only in public spaces. c. Applies only to the executive d. Applies only to natural legal persons. Answer: Public Bills have general application in the UK or for one or more of the constituent countries. 20. A Private Members' Bill: a. can be introduced by any member of the public. b. applies only to defined areas or groups of people. c. is introduced by a back bench member of the House of Commons or a member of the Lords. d. passes only through the House of Lords. Answer: Private Members' Bills are those that are introduced by Members of the House of Commons or Lords. 21. A ‘statement of compatibility’ is required to be made before the second reading of all Government Bills. The ‘statement of compatibility’: a. is intended to ensure that all legislation is compatible with the party Manifesto. b. is intended to ensure that all legislation is compatible with the British constitution. c. is intended to highlight that the minister believes that the Bill is compatible with Convention rights.  d. is intended to ensure that no legislation can progress without ensuring compatibility with the European Convention on Human Rights. Answer: Introduced by s19 of the Human Rights Act 1998, the statement is to affirm that the minister responsible for a Bill believes it to be compatible with the rights found within the European Convention on Human Rights. 22. The case of Thoburn established that: a. EU law takes priority over UK law under all circumstances. b. that the doctrine of implied repeal is no longer in operation in the United Kingdom. c. that the doctrine of implied repeal does not not apply to constitutional statutes. d. that the doctrine of implied repeal does apply to all Acts of Parliament. Answer: Thoburn established that so-called 'constitutional' statutes are not subject to implied repeal insofar as to do so would lead to an incompatibility with EU law Delegated legislation 23. As applied to secondary legislation, the term 'judicial review' means: a. That judges are involved in drafting secondary legislation before it becomes law. b. that judges adjudicate on disputes between the House of Commons and House of Lords that arise in relation to secondary legislation. c. that judges can review the lawfulness of secondary legislation. d. that courts can, in any case before it becomes law, signal to Parliament that a piece of secondary legislation is causing problems for the efficient administration of justice. Answer: Judicial review allows courts to review the lawfulness of secondary legislation 24. The purpose(s) of Explanatory Memoranda is to: a. set out the objectives of the Statutory Instrument b. explain the context of the Statutory Instrument c. give the details of any impact assessments undertaken. d. to give legally binding examples of how the Statutory Instrument will be applied. Answer: There are a number of purposes to Explanatory Memoranda but they are not intended to provide legally binding examples of application. 25. Remedial Orders allow Ministers to make direct changes to primary legislation for which of the following purposes? a. To resolve incompatibility, identified by the courts, with the rights contained within the European Convention on Human Rights. b. To remedy any perceived defect in the law. c. To make changes to Acts of Parliament to clarify areas of uncertainty but not to make changes of substance. d. To resolve incompatibility, identified by the House of Commons, with the rights contained within the European Convention on Human Rights. Answer: Following a declaration of incompatibility by a court, Ministers are empowered to pass Remedial Orders aimed at resolving incompatibility of primary law with rights contained within the European Convention on Human Rights. 26. Statutory instruments passed using the ‘negative resolution procedure’ are normally effective: a. Immediately after being laid before Parliament. b. After 40 days of being laid before Parliament.  c. Only after a motion passed by both the House of Commons and the House of Lords. d. After scrutiny by a committee that has been established for the purpose of giving scrutiny to the Statutory Instrument. Answer: Under the negative resolution procedure, a Statutory Instrument will come into force unless there is a successful motion to annul it. 27. Statutory instruments passed using the ‘affirmative resolution procedure’ are only effective: a. Immediately after being laid before Parliament. b. After 40 days of being laid before Parliament. c. Only after a motion passed by both the House of Commons and the House of Lords. d. After scrutiny by a committee that has been established for the purpose of giving scrutiny to the Statutory Instrument. Answer: SIs passed using the 'affirmative resolution procedure' are only effective following a motion passed in both Houses. Statutory interpretation 28. In the case Mandla v Lee (CA), Lord Denning relied upon the Oxford English Dictionary in interpreting the term ‘ethnic’. This would best fit within which ‘rule’ of statutory interpretation: a. Literal Rule b. Purposive Rule c. Mischief Rule d. Golden Rule Answer: Relying on dictionaries and standard definitions, regardless of the outcome, is best described according with the 'literal' rule of statutory interpretation. 29. Which of the following may give rise to a need for statutory interpretation? a. Words that have multiple meanings. b. Situations not foreseen by Parliament when passing the law. c. Where statutes have been flexibly drafted. d. Where statutes have been poorly drafted. Answer: All of the answers given may lead to a need for statutory interpretation. 30. Lord Denning stated that judges ‘We do not sit here to pull the language of Parliament to pieces and make nonsense of it. We sit here to find out the intention of Parliament and carry it out and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis.’ This could best be described as subscribing to which approach to statutory interpretation: a. Purposive approach b. Literal approach c. Golden rule Answer: This is looking beyond a literal understanding of the words and looking instead to their broad purpose. 31. In The Sussex Peerage Case it was held that: ‘If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare  the intention of the lawgiver.’ This could best be described as subscribing to which approach to statutory interpretation: a. Purposive approach b. Literal approach Answer: By using the natural and ordinary meaning of words, this most closely aligns to the literal approach. 32. In Smith v Hughes the court was faced with a statute that made it an offence to ‘loiter or solicit in a street or public place…for the purpose of prostitution’. Those accused of the offence were, in fact, soliciting from open and closed balconies above the street. The court held that, as Parliament’s intention had been to allow people undisturbed passage along the street, the women were in within the definition of the Street Offence Act 1959. Which of the following best describes the tool of interpretation used in that case? a. Purposive approach b. Literal approach c. Mischief rule d. Golden rule Answer: The court used the mischief rule to discern the problem that Parliament was trying to solve, when interpreting the definition of 'in a street or public place'. 33. A fictitious statute requires that specific registration is required for ‘cats, dogs, guinea pigs and other animals’. A question arises before a court as to whether horses fall within the ambit of this Act. The judge decides that it falls outside of the scope of the Act. Which of the following best describes the rule of language being applied by the judge in this case: a. Ejusdem generis b. expressio unius est exclusion alteris c. noscitur a sociis Answer: The court is using the 'ejusdem generis' rule as it have defined the general words (other animals) by reference to the specific words (which are all domestic pets). 34. A fictitious statute regulates the sale of computers, mobile phones and tablets. A question arises before a court as to whether a ‘smart watch’ is covered by the Act. The judge holds that the fact that there are no ‘general’ words in the list and so it can only apply to those things specifically listed. Which rule of language is the judge relying upon in coming to their finding: a. Ejusdem generis b. expressio unius est exclusio alteris c. noscitur a sociis Answer: The court is using the 'expressio unius est exclusio alteris' rule as it has ruled out a particular item because it is not expressly mentioned in a closed list. The Judiciary 35. Which of the following are generally regarded as being part of the judicial role? a. Give interpretations of the law b. Apply the law c. Resolve disputes d. Adjudicate on procedural matters Answers: All of the answers are potentially part of the role of the judiciary! It is a very varied role.  36. The Constitutional Reform Act 2005 transferred much of the leadership of the judiciary from the Lord Chancellor to the Lord Chief Justice. Which of the following best describes the reason for this transfer of leadership? a. To ensure that the workload of the Lord Chancellor was reduced. b. To enhance the separation of powers. c. To increase diversity in the judiciary. d. To prevent the Lord Chancellor from having to defend the independence of the judiciary. Answer: The Constitutional Reform Act 2005 transferred much of the leadership to the Lord Chief Justice in order to enhance the separation of powers in the English Legal System 37. How many justices form the Supreme Court? a. 10 b. 11 c. 12 d. 13 Answer: Section 23 of the Constitutional Reform Act 2005 states that there can be no more than 12 (on a 'full-time equivalent basis) judges. 38. Which of the following is inadmissible as ground for complaint to the Office for Judicial Complaints? a. Inappropriate behaviour b. Conflict of interest c. Objection to the judicial decision in a case d. Misuse of judicial status. Answer: There are a large range of matters about which individuals can complain. However, it is not appropriate to complain about the outcome of a case, as this is best dealt with through the system of appeals. 39. Which of the following is not a possible sanction following a complaint to the Office for Judicial Complaints? a. Formal advice b. Fine c. Warning d. Reprimand e. Removal from office. Answer: Judges can be issues with a number of sanctions when a complaint to the Office for Judicial Complaints is upheld but they cannot be fined. 40. The current compulsory retirement age for a judge is: a. 60 b. 65 c. 67 d. 70 e. No retirement age Answer: According to the Judicial Pensions and Retirement Act 1993 (s26) and the Senior Courts Act 1981 (s11), the compulsory retirement age for judges is 70.  41. On the taking of which office is the holder obliged to make the following oath: "I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible" a. Lord Chief Justice b. Master of the Rolls c. President of the Supreme Court d. Lord Chancellor Answer: This is an oath required of the Lord Chancellor (a member of the Government) by virtua of section 17 of the Constitutional Reform Act 2005. The Court Structure 42. The Supreme Court's jurisdiction can best be described in the following terms: a. The Supreme Court is the highest court for all civil cases in the UK and all criminal cases in England & Wales. b. The Supreme Court is the highest court for all cases within the UK c. The Supreme Court is the highest court for all criminal cases in the UK and all civil cases in England & Wales d. The Supreme Court has jurisdiction only for cases brought in England & Wales Answer: The Supreme Court is the highest court for all civil cases in the UK and all criminal cases in England & Wales. 43. Which of the following is a 'senior' court? a. Court of Appeal b. Supreme Court c. County Court d. Magistrates’ Court Answer: The Court of Appeal is a senior court according to the Senior Courts Act 1981. The Supreme Court is not named as a senior court by the Act even though it hands down the most authoritative civil and criminal judgments in the English Legal System 44. Which of the following are Divisions of the High Court? a. Queen's Bench Division b. Chancery Division c. Criminal Division d. Family Division Answer: The Queen's Bench Division, Chancery Division and Family Division are all Divisions of the High Court 45. The Chancery Division typically deals with which of the following? a. Corporate insolvency b. Leases and general property law c. Inheritance d. Wardship e. Intellectual property Answer: The Chancery Division has a varied case load and typically hears cases concerning - corporate and personal insolvency, mortgages, leases, property generally, partnership, intellectual property, patents, trade marks, copyright, disputes relating to trusts and settlements, inheritance and administration of estates, Wills and specialist company law matters  46. The Court of Appeal (Civil Division) is presided over by: a. Lord Chief Justice b. Lord Chancellor c. Mater of the Rolls d. The Senior President of Tribunals Answer: The Master of the Rolls is the Head of Civil Justice and presides over the Court of Appeal (Civil Division). 47. All criminal cases will begin their life in the: a. Magistrates’ Court b. Crown Court c. County Court d. Court of Protection Answer: All criminal cases will start their journey through the Criminal Justice System in a Magistrates Court, if only for committal to the Crown Court. 48. The Court of Appeal (Criminal Division) is presided over by: a. Lord Chief Justice b. Lord Chancellor c. Mater of the Rolls d. The Senior President of Tribunals The Lord Chief justice is the most senior criminal judge and presides over the Court of Appeal (Criminal Division) Precedent 49. The Latin phrase, at the heart of precedent, which translates as 'let it stand' is: a. Ratio b. Obiter c. Stare Decisis d. Res Judicata Answer: "Stare Decisis" is the Latin for 'Let it stand' and forms the core meaning of the doctrine of precedent. 50. In the context of the doctrine of precedent, the reporting of cases is important because: a. To provide an accurate record of a judgment so that it may be relied upon in future cases. b. To provide a source of income for those selling law reports. c. To provide material for law students to study during their degree programmes. d. To allow Parliament to observe whether Acts of Parliament are operating as intended Answer: Although there are a great number of reasons why case reporting is important, precedent relies on an accurate account of the judgment that can be relied upon in future cases. 51. The Incorporated Council of Law Reporting produced authorised series of Law Reports that, if available, must be cited in court. Which of the following are the series of Law Reports published by the ICLR that contain judgments of the Supreme Court: a. Appeals Cases (AC)  b. Supreme Court Cases (SCC) c. Family Division Cases (Fam) d. Queen's Bench Cases (QB) e. Chancery Division Cases (Ch) Answer: The Appeals Cases (AC) contain the judgments of the Supreme Court, The Court of Appeal and the Privy Council. 52. The 26th paragraph of the 14th judgment of 2018 in the Criminal Division of the Court of Appeal would have which of the following neutral citations? a. 14 CA (Crim) 26 b. 14 EWCA Crim at c. EWCA Crim 14 at d. UKCA Crim 14 at Answer: EWCA Crim 14 at 53. The binding element of the case to be applied to future disputes is known as: a. Judgment b. Obiter dicta c. Res judicata d. Ratio Decidendi Answer: Ratio decidendi is the reason for deciding a case in the way that the judge did and forms the binding aspect of the judgment 54. A binding precedent can be avoided by: a. Distinguishing b. Overruling c. Reversing d. A finding of per incuriam Answer: A judgment of a court that would be binding can be avoided through by distinguishing, overruling, reversing or a finding of per incuriam. 55. The concept of distinguishing is best described as: a. That the material facts of the present case are sufficiently distinct to raise different legal issues than that in the precedent being discussed. b. Where there is a successful appeal in the case at hand and so the decision of the first instance case is reversed. c. Where a decision can be overturned on the basis that it was made in ignorance of other binding precedent. d. Where a court higher in the precedential hierarchy overturns the judgment of a lower court. Answer: That the material facts of the present case are sufficiently distinct to raise different legal issues than that in the precedent being discussed. 56. The Practice Direction of 1966: a. Allows the Supreme Court to overrule decisions of the Court of Appeal. b. Allows the Supreme Court to overrule its own prior decisions where necessary in the interests of justice. c. Prevents the Supreme Court from overruling its own decisions.  d. Allows the Supreme Court to make statements about the law that are then binding on all other courts. Answer: Allows the Supreme Court to overrule its own prior decisions where necessary in the interests of justice. 57. A dissenting judgment is: a. of persuasive value only. b. binding on all inferior courts. c. binding on all senior courts. d. binding on all courts. Answer: A dissenting judgment does not form the binding part of a judgment and so can be only of persuasive value. Civil Justice 58. The claimant in a civil law claim: a. is the person bringing the claim. b. is the person responding to the claim. c. is the judge in the case. d. is a witness. Answer: The claimant is the person who brings the claim. 59. The burden of proof in most civil law actions: a. Rests with the defendant. b. Rests with the claimant. c. Is beyond all reasonable doubt. d. Is on the balance of probabilities. Answer: The burden of proof refers to the party on whom there is an obligation to prove (to the relevant standard of proof) the truth of an assertion. In civil cases, this burden normally falls on the Claimant. 60. The standard of proof in civil law actions: a. Rests with the defendant. b. Rests with the claimant. c. Is beyond all reasonable doubt. d. Is on the balance of probabilities Answer: The standard of proof in civil cases is on the balance of probabilities. This means that the claimant must prove his claim on the basis that the things alleged are more likely than not to have happened. 61. Which of the following was a recommendation to come out of the Jackson Report on the costs of civil litigation? a. Introduction of the Civil Procedure Rules. b. Introduction of pre-action protocols. c. Introduction of so-called 'Part 36' offers to settle disputes at an earlier stage. d. Widen the range of claims for which the use of contingency fees were available. Answer: The Jackson Report advocated the wider availability of 'contingency fees' in civil claims. 62. The options open to defendant in responding to a claim under CPR Part 9 are to file or serve:  a. A justification. b. An admission c. A defence d. An acknowledgement of service Answer: A defendant can file an admission, a defence or an acknowledgement of service. 63. A case will only be assigned to the 'fast track' where the trial is likely to last for no longer than: a. 3 days b. 5 days c. 1 day d. 1 week Answer: The fast track is intended for trials that are likely to last less than 1 day to ensure that cases can be dealt with very quickly. 64. Recission is an equitable remedy. In this context what does recission mean? a. The setting aside of a contract. b. That the court insists on the performance of a contractual obligation. c. A prohibitory order to prevent a party from taking a specific course of action. d. An award of a sum of money representing compensation for loss. Answer: Recission allows the court to set aside a contract. Criminal Justice 65. The full name of the CPS is: a. The Criminal Prosecution Service b. The Crown Persecution Service c. The Crown Prosecution Service d. The Criminal Prisons Service Answer: The CPS is known as the 'Crown Prosecution Service'. 66. A warrant issued by which member of the judiciary is usually necessary for the search of premises? a. A Justice of the Peace (Magistrate) b. A High Court Judge c. A Lord Justice of Appeal d. The Lord Chief Justice Answer: A warrant issued by a Justice of the Peace (Magistrate) is usually required for a search of premises. 67. An 'either way' offence is one that is heard in which court? a. Either way offences can only be heard in the Magistrates' Court b. Either way offences can only be heard in the Crown Court c. Either way offences can be heard in either the Magistrates' Court or in the Crown Court. Answer: An either way offence can be heard in the Magistrates' Court of the Crown Court. 68. Criminal proceedings:  a. Begin in the Magistrates' or Crown Court, depending on the severity of the offence. b. Begin in the Magistrates' or Crown Court, depending on the choice of the defendant. c. Always begin in the Crown Court d. Always begin in the Magistrates' Court Answer: All criminal proceedings begin their life in the Magistrates' Court even if they are then quickly sent to the Crown Court (for example more serious offences). 69. A criminal trial will open with: a. The opening speech of the prosecution. b. The opening speech of the defence. c. Summing up by the judge. d. The verdict. Answer: The prosecution will begin with an opening speech that outlines the evidence and case being brought against the defendant. 70. The burden of proof in criminal proceedings: a. Rests with the defence. b. Is proof beyond all reasonable doubt. c. Rests with the prosecution. d. Is proof on a balance of probabilities. Answer: The burden of proof in criminal proceedings rests on the prosecution. 71. The standard of proof in criminal proceedings: a. Rests with the defence. b. Is proof beyond all reasonable doubt. c. Rests with the prosecution. d. Is proof on a balance of probabilities. Answer: The standard of proof in criminal proceedings is proof beyond all reasonable doubt. Juries 72. A jury in a criminal trial will normally have how many members? a. 11 b. 12 c. 13 d. 14 Answer: A jury will have 12 members. 73. A jury can proceed with a minimum of how many members? a. 9 b. 10 c. 11 d. 12 Answer: If jurors are dismissed by a judge during a trial then the minimum number of jurors must remain at 9 or above. 74. Jury equity' means: a. Each juror has an equal voice in coming to a verdict.  b. That juries must come to majority verdict. c. That juries can acquit a defendant based on a moral, rather than a legal, judgment. d. That the deliberations of a jury are confidential. Answer: That juries can acquit a defendant based on a moral, rather than a legal, judgment. 75. The Criminal Justice and Courts Act 2015 created a series of new offences. These include: a. Jury research during the trial period b. Jury tampering c. Sharing of research with another juror d. Disclosing a jury's deliberations. Answer: The Criminal Justice and Courts Act 2015 made changes to the Juries Act 1974, including introducing offences relating to research and disclosure of jury deliberations. 76. In order to be eligible for jury service a person must be: a. Aged over 18 with no upper limit. b. Aged between 21 and 75 c. Aged between 18 and 75 d. Aged between 18 and 70. Answer: Section 68 of the Criminal Justice and Courts Act 2015 changed the upper age limit from 70 to 75. The lower age limit is 18. 77. Which of the following may justify a deferral to jury service? a. Insufficient understanding of English b. Beliefs that are incompatible with jury service c. Physical disability making attendance difficult d. Work commitments Answer: Work commitments may justify a request for deferral of jury service. The other answers are more likely to result in complete excusal where requested. 78. Which of the following are disqualified from jury service for a period of 10 years? a. Those who have served any part of a sentence of imprisonment b. Those who have been sentenced to life imprisonment. c. A person for the time being liable to be detained under the Mental Health Act 1983. d. A person who lacks capacity within the meaning of the Mental Capacity Act 2005. Answer: Those who have served any part of a sentence of imprisonment. The others mentioned are disqualified for life. 79. The term 'challenging the array' means: a. A challenge to an individual juror on the basis that the juror is biased. b. A challenge to the whole panel of jurors in a particular case. c. A challenge by the prosecution to a particular juror, normally following-on from 'jury vetting' d. A challenge to the judge hearing the case on the basis that they are biased. Answer: A challenge to the whole panel of jurors in a particular case, normally on the basis that the person responsible for summoning the jurors is biased. Administrative Justice  80. Which of the following is a chamber of the Upper Tier Tribunal? a. Health, Education and Social Care Chamber b. War Pensions and Armed Forces Compensation Chamber c. Administrative Appeals Chamber d. General Regulatory Chamber Answer: The Administrative Appeals Chamber. The remaining chambers are part of the First Tier Tribunal. 81. The role of an ombudsman is primarily: a. To deal with allegations of illegality. b. To deal with complaints about the quality of service provided by those governed by an ombudsman scheme. c. To deal with complaints about the judiciary. d. To deal with complaints about Government policy. Answer: Primarily, the various ombudsmen schemes are there to deal with complaints about maldaminstration and complaints as to the quality of service provided. Each has a particular remit and process for dealing with complaints. 82. The purpose of a Public Inquiry is to: a. Find facts and, in some cases, make recommendations. b. To gather evidence for criminal prosecutions. c. To apportion blame for public disasters. d. To issue fines following public disasters and scandals. Answer: Public Inquiries are intended to find facts and, in some cases, make recommendations. Alternative Dispute Resolution 83. Which of the following is not a traditional form of alternative dispute resolution? a. Negotiation b. Arbitration c. Mediation d. Litigation Answer: Litigation is not a form of 'alternative' dispute resolution. 84. Which form of dispute resolution is being described: "A more formal and structured form of negotiation involving a third party. Normally termed ‘facilitative' because the parties are helped to reach their own agreement." a. Negotiation b. Arbitration c. Mediation d. Litigation Answer: This describes mediation. 85. In which year was the current Arbitration Act passed? a. 1966 b. 1999 c. 2006 d. 1996 Answer: The Arbitration Act was passed in 1996. 86. According to section 1 of the Arbitration Act 1996, what is the object of arbitration in England and Wales? a. To obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense. b. To obtain the fair resolution of disputes without recourse to legal rules. c. To allow parties to resolve their disputes without any possibility of the involvement of the courts. d. To allow parties unfettered choice in how, where and by what rules their disputes are resolved. Answer: To obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense. 87. Which of the following is within the power of the parties to decide in an arbitration governed by the Arbitration Act 1996? a. The seat of arbitration. b. The number, identity and process of appointment for the arbitrator. c. To revoke the authority of a particular arbitrator. d. The procedures of the tribunal and any rules of evidence that will apply. Answer: All of these matters are for the party to decide. 88. Which of the following is not a ground for challenging an arbitral award before the courts in England and Wales? a. If the substantive jurisdiction of the tribunal is in issue. b. If there were serious irregularities that risk causing injustice to the applicant. c. If there is an alleged error of law. d. If one of the parties disagrees with a finding of fact made by the tribunal. Answer: The grounds for challenge are determined by sections 67-69 of the Arbitration Act 1996. The grounds for challenge relate to questions about substantive jurisdiction, serious irregularities and alleged errors of law. 89. In terms of 'encouraging' parties to use alternative dispute resolution, courts can: a. Compel parties to use dispute resolution mechanisms. b. Penalise parties in costs if they unreasonably refuse to engage with alternative forms of dispute resolution. Answer: Penalise parties in costs if they unreasonably refuse to engage with alternative forms of dispute resolution. Legal Professions 90. The BSB regulates which of the legal professions? a. Solicitors b. Chartered Legal Executives c. Barristers d. Patent Attorneys Answer: The Bar Standards Board (BSB) regulates barristers.  91. The SRA regulates which of the legal professions? a. Solicitors b. Chartered Legal Executives c. Barristers d. Patent Attorneys Answer: The Solicitors Regulation Authority regulates solicitors. 92. The Law Society is the representative body of which of the legal professions? a. Solicitors b. Chartered Legal Executives c. Barristers d. Patent Attorneys Answer: The Law Society is the representative body for solicitors in England & Wales European Union 93. The UK joined the European Union in which year? a. 1970 b. 1973 c. 1976 d. 1979 Answer: The UK joined the EU in 1973. 94. Which of the following are categories of competence for which the EU can pass law? a. Exclusive b. Unified c. Supporting d. Shared Answer: Article 2 of the TFEU defines EU competence in the categories of Exclusive, Supporting and Shared. 95. Which Article of the Treaty on European Union governs the mechanism by which a Member State can leave the EU? a. Article 50 TEU. b. Article 49 TEU c. Article 267 TFEU d. Article 288 TFEU Answer: Article 50 TEU 96. Which of the following is not an institution of the EU? a. The European Council b. The European Commission c. The European Court of Human Rights d. The European Parliament Answer: The European Court of Human Rights is not an institution of the European Union 97. Which of the following are legal instruments under Article 288 TFEU? a. Order in Council b. Regulations  c. Directives d. Decisions Answer: Regulations, Directives and Decisions are legal instruments that are recognised by Article 288 TFEU. 98. The UK left the European Union on: a. 31st January 2020 b. 31st December 2020 c. 1st January 2021 d. 23rd June 2016 Answer: The UK left the European Union on the 31st January 2020 but entered into a transition period that was planned to end on 31st December 2020. 99. Which of the following are types of retained EU Law a. EU-derived domestic law b. Direct EU legislation c. Opinions d. Retained EU case law Answer: EU-derived domestic law, direct EU legislation, retained EU case law.