Chapter 13 – Quiz - Slapper and Kelly's The English Legal System

C13 – Q1

The Human Rights Act 1998 can be said to have heightened the potential for conflict between the executive and the judiciary

TRUE

FALSE

None

C13 – Q2

Which of the following are objectives of the process of judicial review?

That judges are held accountable for their actions

That acts of parliament have been correctly interpreted by a public body

That any powers conferred by acts of parliament have been lawfully exercised by a public body

That the decision maker has acted in any manner which they saw fit, either fairly or unfairly

That this decision maker has not violated human rights

C13 – Q3

Match up these following types of reasoning to their meaning

Reasoning from the part to the whole; from the particular to the general

Reasoning from the whole to the part; from the general to the particular

Reasoning from part to part

Inductive reasoning

Reasoning by analogy

Deductive reasoning

C13 – Q4

Using deductive logic, match up these assumptions about judicial precedent

In case X involving particular circumstances, legal principle Y was applied leading to conclusion Z

Principle Y must be applied to reach a conclusion similar to Z

In case W, similar circumstances to those in X have occurred

Therefore

Instant case

Precedent

C13 – Q5

Match up these private law remedies to their meaning

This is a definitive statement, by the High Court or county court, of what the law is in a particular area

Seeks to restrain a person from breaking the law; alternatively or may instruct someone to undo what they have previously done

Cannot be awarded on their own in relation to administrative misconduct, but may be claimed in addition where one of the other remedies considered above is sought

Declaration

Damages

Injunction

C13 – Q6

Cannot be awarded on their own in relation to administrative misconduct, but may be claimed in addition where one of the other remedies considered above is sought

It relates to invalid acts of public authorities, but it is different to the extent that it is preemptive and prescriptive in regard to any such activity and operates to prevent the authority from taking invalid decisions in the first place

The obverse of a prohibiting order, in that it is an order issued by the High Court instructing an inferior court or some other public authority to carry out a duty laid on them

Is the mechanism by means of which decisions of inferior courts, tribunals and other authoritative bodies are brought before the High Court to have their validity examined

A mandatory order

A quashing order

A prohibiting order

C13 – Q7

Formerly known term ‘certiorari’, is now referred to as which of the following

Quashing order

Prohibitory order

Mandatory order

Mandamus order

None

C13 – Q8

Formerly known term ‘mandamus’, is now referred to as which of the following

Quashing order

Prohibitory order

Mandatory order

Certiorari

None

C13 – Q9

The grounds of an application for judicial review can be considered under two heads. What are they?

Procedural ultra vires

Statutory ultra vires

Substantive ultra vires

Minimal ultra vires

Mandatory ultra vires

10.

C13 – Q10

Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of what?

A sentence or fine

The merits of a decision

An enactment

A charge for an offence

A decision, action or failure to act in relation to the exercise of a public function

11.

C13 – Q11

Only mandatory injunctions may be sought against a public authority

TRUE

FALSE

None

12.

C13 – Q12

Damages can be awarded on their own in relation to administrative misconduct

TRUE

FALSE

None

13.

C13 – Q13

A claim in judicial review is an appeal against a decision

TRUE

FALSE

None

14.

C13 – Q14

What type of cases are decided on the basis of judicial reaction to the immediate facts of the case and demand a consideration of the legal principles involved in order to achieve a just result?

Strict cases

Hard cases

Rigid cases

Soft cases

Flexible cases

None

15.

C13 – Q15

Some statutory provisions and also some common law rules can be expressed in what form?

A syllogism

An analogy

A sequence

A similarity

A parallel

None

16.

C13 – Q16

A definitive statement, by the High Court or county court, of what the law is in a particular area is known as a what?

Injunction

Damages

Pronouncement

Declaration

Assertion

None

17.

C13 – Q17

What type of injunction may instruct someone to undo what they have previously done?

Preliminary injunction

Preventative injunction

Mandatory injunction

Permanent injunction

Restraining injunction

None

18.

C13 – Q18

Which type of prerogative order is an order issued by the High Court instructing an inferior court or some other public authority to carry out a duty laid on them?

A quashing order

A prohibiting order

A mandatory order

Certiorari

Prohibition

None

19.

C13 – Q19

What does procedural ultra vires mean?

When a judge took his personal views into consideration when making a decision

When a judge was subject to political pressure

Where the delegated legislation goes beyond what Parliament intended

When a judge does not adhere to judicial precedent

Where the enabling Act sets out specific rules to be followed by the law-making body and this is not followed

None

20.

C13 – Q20

What is substantial ultra vires?

When a judge was subject to political pressure

Where the enabling Act sets out specific rules to be followed by the law-making body

When the judge does not adhere to judicial precedent

Where the delegated legislation goes beyond what Parliament intended

When a judge took his personal views into consideration when making a decision

None

21.

C13 – Q21

Which of the following is a key principle within the jurisdiction of the ECtHR, and is used frequently to assess the validity of State action which interferes with individual rights protected under the Convention?

Quantity

Proportionality

Substantiality

Marginality

Accessibility

None

22.

C13 – Q22

Judicial review holds which organ of the state legally accountable?

Executive

Legislature

Judiciary

Civil Service

Monarchy

None

23.

C13 – Q23

Which of the following statements are FALSE?

The determination of the ratio and thus the precedent in a previous case may be seen as a process of deductive reasoning

The binding element in any precedent is the ratio decidendi of the decision

It is for politicians to determine the ratio of any authority

In delivering his decision, the judge does not separate the ratio of the case from other obiter comments

The ratio is a legal abstraction from the concrete facts of the case in which it appears

Time’s up