a) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066.

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1 1. Who of the following was NOT a proponent of natural law? a) Aristotle b) Jeremy Bentham c) St Augustine d) St Thomas Aquinas 2. The term 'common law' has three different meanings. Which of the following is NOT a meaning of the term 'common law?' a) The body of law as made by judges through the determination of cases. b) A legal system that is based on that of England. c) Laws created by Parliament. d) The system of law that emerged following the Norman Conquest in The term 'private law' refers to...? a) The body of laws that derive from the deciding of cases. b) The body of laws that seeks to regulate the relationship between individuals. c) The legal principle that states that a person has the right to privacy. d) The body of laws that seeks to regulate the relationship between the State and its citizens. 4 Which one of the following is regarded as a private law topic? a) Criminal law b) Contract law c) The law relating to human rights d) Administrative law 5 Regarding the system of equity, which one of the following statements is untrue?

2 a) If the common law and equity conflict, the common law prevails. b) Equity refers to the supplementary system of law that originally derived from the decisions of the Court of Chancery. c) The rules of equity are more concerned with fairness than the rules of the common law. d) The administration of the common law and equity is fused, so any court may apply common law or equitable principles. 6 Which of the following DOES NOT have a common law legal system? a) England b) Australia c) United States of America d) France 7 The phrase 'civil law' can refer to those legal systems whose laws are based on Roman law. It can also refer to...? a) Laws created by judges. b) The body of laws that does not relate to criminal offences. c) The supplementary system of law that is based on fairness and equality, and seeks to mitigate the harshness of the common law. d) The body of laws that establish what conduct is criminal and the punishments for engaging in such conduct. 8 Statute law refers to...? a) Laws created by the judges through the deciding of cases. b) The doctrine that seeks to mitigate the harshness of the common law by deciding cases based on fairness and equality. c) The body of law that regulates the relationship between the State and its citizens. d) The body of laws created by Parliament in the form of legislation.

3 9 The phrase 'English legal system' refers to...? a) The legal system of England and Wales. b) The legal system of England only. c) The legal system of England, Wales and Scotland. d) The legal system of the United Kingdom. 10 Which of the following types of case will NOT be heard in a county court? a) A personal injury claim where the claimant is seeking 15,000 compensation. b) A defamation case. c) A breach of contract case where the claimant seeks 10,000 compensation. d) A contentious probate case where the value of the estate is 20, The Criminal Division of the Court of Appeal WILL NOT hear appeals from which ONE of the following? a) Decisions of the Crown Court. b) The Criminal Cases Review Commission. c) Decisions of a magistrates' court. d) A reference from the Attorney General. 12 A claim will be allocated to the fast track if... a) The claim is for more than 5,000, but less than 15,000, and the trial is expected to last less than one day, and substantial amounts of oral evidence will not be provided. b) The claim is for less than 5,000. c) The claim is for 10,000 and involves issues of considerable complexity.

4 d) The claim is for over 15, Which one of the following types of case would be heard in the Queen's Bench Division of the High Court? a) A case involving the dissolution of a partnership. b) A case involving an alleged ultra vires act of a local authority. c) A case involving the custody of a child. d) A case involving the bankruptcy of an individual. 14 From October 2009, the Judicial Committee of the Privy Council will hear which one of the following types of case? a) Appeals from the decisions of the courts of certain Crown Dependencies and Commonwealth countries. b) Cases involving devolution issues. c) Appeals from the decisions of the Court of Appeal. d) Appeals from the decisions of the House of Lords/Supreme Court. 15 Which ONE of the following statements is true? a) Magistrates' courts only hear criminal cases. b) All cases in the Crown Court take place in front of a judge and jury. c) The Queen's Bench Division is the senior division of the High Court. d) The House of Lords/Supreme Court will only hear a case if it has granted leave to appeal, or leave to appeal has been granted by the court whose decision the claimant/defendant is seeking to appeal. 16 Which ONE of the following statements is false? a) Decisions of First-tier tribunals can be appealed to an Upper Tribunal.

5 b) Decisions of Upper Tribunals can be appealed to the High Court. c) Decisions of Upper Tribunals bind First-tier Tribunals. d) Decisions of Upper Tribunals can be appealed to the Court of Appeal. 17 Which of the following is NOT a domestic source of law? a) Legislation b) Case law c) Hansard d) Custom 18 An Act of Parliament that takes all existing law and sets it out in a new statute is known as...? a) An original Act of Parliament. b) A codifying Act of Parliament. c) A consolidating Act of Parliament. d) An amending Act of Parliament. 19 When a Public Bill passes through the House of Commons, it will need to pass through a number of stages. Which one of the following options states the stages in the correct order? a) First Reading, Second Reading, Committee Stage, Report Stage, Third Reading. b) First Reading, Second Reading, Third Reading, Committee Stage, Report Stage. c) First Reading, Committee Stage, Report Stage, Second Reading, Third Reading. d) Committee Stage, First Reading, Second Reading, Third Reading, Report Stage. 20 In relation to the legislative process, the House of Lords can...? a) Veto a Bill and prevent it from ever receiving Royal Assent. b) Delay the passing of a Bill for up to one year.

6 c) Delay the passing of a Bill for up to two years. d) Do nothing. The House of Lords has no power to veto or delay a Bill. 21 When interpreting statute, the judges may apply certain presumptions in order to determine the intention of Parliament. Which one of the following is NOT a valid presumption? a) Presumption against legislation having retrospective effect. b) Presumption that legislation will apply to the Crown. c) Presumption against the ousting of the court's jurisdiction. d) Presumption against alteration of the common law. 22 The golden rule of statutory interpretation provides that...? a) The words of a provision should be given their normal, everyday meaning, irrespective of the result that such a meaning will produce. b) Where the normal everyday meaning of words produces an absurd result or a result that Parliament could not have intended, then the words should be given an alternative meaning, providing that the meaning is one that the words can bear. c) The words of a provision should be interpreted based on the problem that the statute was meant to remedy. d) The words of the provision should be interpreted based on the purpose of the statute. 23 Regarding the Civil Division of the Court of Appeal, which ONE of the following statements is untrue? a) The Civil Division is not bound by its own previous decisions where two previous Civil Division decisions conflict. In such a case, the court may choose which case to follow. b) The Civil Division is not bound by its own previous decision where that decision cannot stand with a subsequent decision of the House of Lords. c) The Civil Division can ignore its own previous decision if it considers it just to do so. d) The Civil Division is not bound by its own previous decision where that decision is 'per incuriam' (through want of care).

7 24 The Court of Appeal is bound by the decisions of which court(s)? a) Decisions of the House of Lords/Supreme Court only. b) Decisions of the House of Lords/Supreme Court and generally its own decisions. c) Decisions of the House of Lords/Supreme Court and the Judicial Committee of the Privy Council only. d) The Court of Appeal is not bound by the decisions of any other courts. 25 Which ONE of the following statements is true? a) Decisions of the Crown Court are binding on magistrates' courts. b) Decisions of the Judicial Committee of the Privy Council are binding on inferior courts. c) The High Court is bound by its own decisions. d) The House of Lords/Supreme Court is not bound by its own decisions. 26 The ratio decidendi of a case refers to? a) A statement said by the way. b) The reason for deciding a case. c) The principle whereby lower courts are bound by the decisions of higher courts. d) The process whereby a court avoids a binding precedent on the ground that the current case differs materially from the precedent. 27 Which ONE of the following statements is false? a) All 27 Member States of the European Union are signatories to the European Convention on Human Rights. b) Membership of the European Union automatically results in the Member State becoming a signatory to the European Convention on Human Rights. c) The Treaty of Lisbon provides that the European Union shall accede to the European Convention on Human Rights. d) The European Court of Justice is not bound by the decisions of the European Court of Human Rights.

8 28 Which ONE of the following types of EU legislation is directly applicable (that is, becomes part of domestic law once passed)? a) Regulations b) Directives c) Decisions d) Treaty provisions 29 Why is R v Secretary of State for Transport, ex parte Factortame regarded as a revolutionary decision? a) It provided that that EU law prevails over conflicting domestic law, even if the domestic law is contained in an Act of Parliament. b) It provided that an Act of Parliament prevails over inconsistent EU legislation. c) It provided that the courts have the power to quash an Act of Parliament if it is inconsistent with EU law. d) It provided that where an Act of Parliament conflicts with EU law, the courts are free to choose which law to follow. 30 Which ONE of the following statements is correct? a) The United Kingdom became part of the European Union when it signed the Treaty of Rome in b) The United Kingdom became part of the European Union in 1973 following the passing of the European Communities Act c) Although the UK signed the Treaty of Rome when it was first passed in 1957, the UK did not become subject to EU law until the European Communities Act 1972 was passed. d) The UK became part of the European Union with the passing of the Single European Act. 31 Which institution of the European Union is responsible for initiating legislation? a) The European Parliament

9 b) The European Commission c) The Council of the European Union d) The European Court of Justice 32 Which ONE of the following statements provides an accurate description of the concept of vertical direct effect? a) A provision has vertical direct effect if it can be relied on in a domestic court and creates obligations between individuals. b) A provision that has vertical direct effect can never be relied on in a domestic court. c) A provision has vertical direct effect if it can be relied on in a domestic court and creates obligations between Member States and individuals. d) A provision that has vertical direct effect automatically forms part of domestic law without the need for implementation by the Member State. 33 In relation to the effects of the Human Rights Act 1998 on domestic law, which ONE of the following statements is true? a) English courts can quash an Act of Parliament that breaches the Convention rights of citizens of England and Wales. b) The courts must always interpret domestic legislation in a manner that is compatible with the European Convention. c) A court can ignore a legally binding precedent if it feels that the precedent is incompatible with a Convention right. d) If the court considers that a piece of subordinate legislation is incompatible with a Convention right, it must still apply the legislation to the case before it. 34 What does the Human Rights Act 1998, s 6 state? a) That domestic courts must, so far as is possible, interpret domestic legislation in a manner that is compatible with the Convention. b) That it is unlawful for a public authority to act in a manner that is incompatible with a Convention right, unless it is doing so to comply with an Act of Parliament.

10 c) That a court may issue a declaration of incompatibility if it considers that a piece of domestic legislation is incompatible with a Convention right. d) That breaches of arts 2-12 and art 14 can be enforced in a domestic court. 35 The European Convention on Human Rights can be enforced in a domestic court by...? a) Any natural or legal person providing that a breach has occurred of any of the rights contained in the ECHR or the accompanying Protocols. b) Natural persons only. c) A victim of a Convention violation, providing that the article in question is expressly covered under the Human Rights Act 1998, and the victim is a type of person covered by the article. d) Legal persons only. 36 Which ONE of the following statements is correct? a) English courts are bound by both the European Convention on Human Rights and decisions of the European Court of Human Rights. b) English courts are not bound by the European Convention on Human Rights, but they must follow the decisions of the European Court of Human Rights. c) English courts are required to take into account decisions of the European Court of Human Rights. 37 Which ONE of the following is not a form of contractual formality? a) A requirement that a contract be executed by deed. b) A requirement that a contract be in writing. c) A requirement that a contract be witnessed and signed by a judge to verify its legality. d) A requirement that a contract be evidenced in writing. 38 Which ONE of the following types of contract is not required to be made in writing? a) Agreements regulated by the Consumer Credit Act 1974.

11 b) A bill of exchange. c) A contract for the sale or disposition of an interest in land. d) A contract of guarantee. 39 A person's contractual capacity refers to...? a) The extent to which that person can enter into a legally binding contract. b) The number of contracts that person is allowed to enter into. c) The formalities that that person must adhere to in order to create a legally binding contract. d) The minimum amount of consideration that person must provide in order to create a legally binding contract. 40 Regarding the contractual capacity of a minor, which ONE of the following statements is true? a) A minor cannot enter into a legally binding contract, and any such contract is void ab initio. b) Minors have full contractual capacity providing that the other party is aware that he is dealing with a minor. c) A contract for the purchase of shares is void if the purchase is made by a minor. d) Generally, a minor who enters into a contract can enforce the contract against the other party. 41 In relation to mental incapacity, which ONE of the following statements is true? a) A contract entered into by a mentally incapacitated person is void if the other party knew of the incapacity. b) A mentally incapacitated person can enter into a binding contract for the purchase of necessaries. c) A mentally incapacitated person never has capacity to enter into a legally binding contract. d) Mentally incapacitated persons are always bound by the contracts they enter into. 42 The doctrine of privity of contract states that...? a) A third party may enforce a contract only if he has an interest in the contract.

12 b) A contractual term that imposes obligations on a third party is binding upon that party. c) Only parties to a contract may enforce the contract, and the contract only imposes obligations on the parties to it. d) Contractual terms are private and a contract will be unenforceable if its terms are revealed to a third party. 43 What does the Contracts (Rights of Third Parties) Act 1999, s 1(1) state? a) Section 1(1) states that, subject to the provisions of the Act, a contract can impose obligations on a third party where it is reasonable to do so. b) Section 1(1) states that, subject to the provisions of the Act, a third party can enforce a term of a contract if the contract expressly provides that he may, or the term purports to confer a benefit on him. c) Section 1(1) states that a third party can enforce a term of a contract where it is reasonable to do so. d) Section 1(1) states that a contract can impose an obligation on a third party if the third party consents. 44 Which ONE of the following types of agreement is NOT excluded from the operation of s 1(1)? a) Contracts containing a bill of exchange or any other negotiable instrument. b) Contracts for the sale of goods. c) Contracts that exist between a company and its members by virtue of the company's constitution. d) Employment contracts. 45 Aside from the provisions of the Contracts (Rights of Third Parties) Act 1999, the law does provide other exceptions to, or ways to avoid, the doctrine of privity. Given this, which ONE of the following statements is untrue? a) The court has a discretion to avoid the doctrine of privity where it feels it is 'just and reasonable' to do so. b) Statute can exclude the doctrine of privity and provide exceptions to it. c) Parties can avoid the doctrine of privity by bringing a claim in tort.

13 d) The doctrine of privity can be avoided if the court is of the opinion that a collateral contract exists between the promisor and a third party. 46 What is a unilateral contract? a) A contract in which both parties are legally bound to perform their side of the agreement. b) A unilateral contract is a contract whereby only one party promises to perform an act if the other party performs a stipulated act, but the other party is not under an obligation to perform the stipulated act. c) A contract involving only one party. d) A contract that either party can withdraw from at any time. 47 The requirements for a valid and binding contract are? a) Offer, acceptance, consideration, and intention to create legal relations. b) Offer, acceptance, certainty, practicality, and intention to create legal relations. c) Offer, acceptance, certainty, consideration, and reasonableness. d) Offer, acceptance, certainty, consideration, and intention to create legal relations. 48 Which ONE of the following usually amounts to an offer? a) Goods sold through a machine. b) Advertisements. c) Displays of goods. d) An invitation to submit a tender. 49 An offer can be terminated in a number of ways. Which ONE of the following is NOT an effective way to terminate an offer? a) Rejection by the offeree. b) Failure of a condition precedent.

14 c) Revoking the offer following acceptance. d) Lapse of a reasonable time. 50 Which ONE of the following statements regarding acceptance is true? a) Silence does not constitute valid acceptance. b) An offered can accept an offer of which he was not aware. c) Generally, there is no need for an offeree to communicate his acceptance to the offeror. d) Generally, acceptance need not precisely match the terms of the offer. 51 The effect of a counter-offer is to...? a) Destroy the original offer and replace it with a new offer. b) Create a binding contract based on the terms of the counter-offer. c) Create a new offer, but the original offer is still capable of being accepted. d) Create a binding contract based on the terms of the original offer. 52 What does the postal rule state? a) That acceptance occurs as soon as the letter is posted. b) That acceptance occurs when the letter is received by the offeror. c) That acceptance occurs when the letter is read by the offeror. d) That acceptance does not occur if the letter is lost in the post. 53 In relation to the requirement of certainty, which ONE of the following statements is true? a) Where the parties have wholly or partially performed their obligations under a contract, the court is unlikely to hold that a contract is void due to vagueness or uncertainty. b) If an agreement in uncertain, the courts will rewrite it to provide it with the requisite certainty. c) Where the words of a contract are vague, the court will automatically hold that the contract is invalid.

15 d) The courts will never uphold an agreement that is incomplete. 54 Which ONE of the following statements provides an accurate description of executory consideration? a) Consideration that is yet to be provided. b) Consideration that has already been provided. c) Consideration that is promised following the other party's performance of an act. d) Consideration that is insufficient in the eyes of the law. 55 Which ONE of the following statements is untrue? a) Performance of a contractual duty owed to a third party does not amount to good consideration. b) Generally, performance by A of an existing legal duty does not provide fresh consideration for a new promise made by B. c) Generally, the performance of a pre-existing contractual obligation by A does not provide fresh consideration for a new promise made by B. d) Generally, part-payment of a debt does not constitute sufficient consideration. 56 In order for promissory estoppel to arise, a number of requirements exist. Which ONE of the following is not a requirement for promissory estoppel? a) The promise must be made by clear words. b) It must be inequitable for the promisor to go back on his promise. c) The promisee must rely on the promise. d) There must be a clear promise that legal rights will not be enforced. 57 Which ONE of the following statements is untrue? a) The law presumes that collective agreements between employers and trade unions have contractual force.

16 b) The law presumes that social or domestic agreements do not have contractual force, as the parties did not intend a contract to be created. c) Where an agreement is entered into 'subject to contract,' the court will normally hold that the parties had no intention of crating legal relations. d) The law presumes that commercial agreements are to have contractual force 58 It is vital to be able to distinguish between terms and mere representations. In relation to this, which ONE of the following statements is true? a) Generally, statements of opinion tend not to amount to representations or terms of the contract. b) If a party makes a representation that turns out to be untrue, the other party can obtain a remedy by commencing an action for breach of contract. c) When determining whether or not a statement amounts to a term or representation, the courts will examine the subjective intentions of the parties. d) The importance of the statement is irrelevant in determining whether it is a term or a representation. 59 When determining whether a statement is a term or a mere representation, the court will take into account a number of factors. Which ONE of the following is NOT a relevant factor? a) The timing of the statement b) The importance of the statement c) The knowledge of the parties d) The complexity and length of the statement 60 Which ONE of the following statements correctly describes the difference between express and implied terms? a) Express terms are regarded as conditions, breach of which allows the innocent party to terminate the contract. Conversely, implied terms are regarded as warranties only, permitting the innocent party to recover damages only. b) Express terms are in writing, whereas implied terms usually derive from oral negotiations.

17 c) Express terms are more important than implied terms. d) Express terms are terms that the parties have specifically negotiated should form part of the contract. Implied terms are terms added to the contract by the law or based upon the facts of the case. 61 What is the parol evidence rule? a) The parol evidence rule provides that a party may never adduce evidence that seeks to add to, vary or contradict the content of a written document. b) The parol evidence rule presumes that a written document contains all the terms of a contract, but there are situations where this presumption can be rebutted and a party will be permitted to adduce evidence that adds to, varies or contradicts the content of a written document. c) The parol evidence rule provides that parties are free to adduce evidence that seeks to add to, vary or contradict a written document. d) The parol evidence rule provides that an oral contract is not usually binding. 62 The parol evidence rule is not absolute and is subject to a number of exceptions and qualifications. Which ONE of the following is not a valid exception or qualification? a) The courts will always allow extrinsic evidence to be adduced if the contract is contained in a deed. b) Where the court is of the opinion that the written agreement was not intended to represent the full extent of the agreement between the parties. c) Where the contract contains implied terms. d) Where there is evidence casting doubt on the validity of the contract. 63 There are various sources of implied terms. Regarding the implication of terms, which ONE of the following statements is untrue? a) Terms may be implied into a contract based on a particular trade usage or custom. b) Terms may be implied into a contract by statute. c) Terms may be implied by the court based upon the facts of the case. d) Terms may be implied into a contract if the parties have dealt with each other once before.

18 64 There are several differences between terms implied in fact and terms implied in law. Which ONE of the following statements provides a valid difference between the two types of implied terms? a) Terms implied in fact are based on the imputed intentions of the parties, whereas terms implied in law are not based on the intentions of the parties. b) Terms implied in fact are not subject to the parol evidence rule, whereas terms implied in law are. c) Where the court implied a term in fact, a precedent will be created so that a similar term will be implied into all similar contracts. Such a precedent is not set where a term is implied in law. d) Terms implied in law are always implied by statute, whereas terms implied in fact are implied by the courts. 65 Which ONE of the following is not a principle of Lord Hoffman's restatement? a) The 'rule' that words should be given their 'natural and ordinary meaning' reflects the common sense proposition that we do not easily accept that people have made linguistic mistakes, particularly in formal documents. Accordingly, the courts should interpret the terms of a contract based solely on the words contained within it. b) Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. c) The law excludes from the admissible background the previous negotiations of the parties and their declarations of subjective intent. d) The meaning which a document (or any other utterance) would convey to a reasonable man is not the same thing as the meaning of its words. 66 In relation to misrepresentation, which one of the following statements is true? a) Statements of opinion can never amount to a misrepresentation. b) A statement regarding a future course of conduct cannot amount to a misrepresentation. c) Silence cannot amount to a misrepresentation. d) Statements amounting to mere 'puffs' cannot amount to a misrepresentation. 67 What are the general remedies for innocent misrepresentation?

19 a) Rescission of the contract and the representee may also be able to claim an indemnity. b) Rescission of the contract and damages. c) Damages only. d) Rescission only. 68 In relation to negligent misrepresentation, which one of the following statements is untrue? a) In cases involving negligent misrepresentation under statute, there is no need to establish the existence of a 'special relationship.' b) The assessment of damages for negligent misrepresentation under statute is the same as for fraudulent misrepresentation. c) Negligent misrepresentation under statute will only occur in cases where the representor enters into a contract with the representeee. d) In cases involving negligent misrepresentation under the common law, the burden of proof is placed on the representor to establish that his representation was true. 69 Which one of the following statements provides an accurate description of a mutual mistake? a) A mutual mistake occurs where both parties have made the same mistake. b) A mutual mistake occurs where both parties have made a mistake, but they have made a different mistake. c) A mutual mistake occurs where one party is mistaken and the other party knows, or can be taken to know, of the mistake. d) A mutual mistake occurs where no actual mistake has occurred, but both parties later believe a mistake has occurred. 70 Which one of the following is NOT an example of common mistake? a) Mistake as to identity b) Mistake as to existence of the subject matter c) Mistake as to title

20 d) Mistake as to quality 71 Regarding mistake as to identity, which one of the following statements is true? a) A contract will be held void if the mistake relates to the attributes of a person. b) Where parties contract face-to-face, and one party is not who he claims to be, the general rule is that a mistake as to identity will not occur. c) Where parties contract face-to-face, and one party is not who he claims to be, the general rule is that a mistake as to identity will occur. d) Where parties do not contract face-to-face (e.g. by mail), and one of the parties is not who he claims to be, the general rule is that a mistake as to identity will not occur. 72 Which one of the following relationships DOES NOT give rise to a presumption of undue influence? a) Employer and employee b) Parent and child c) Trustee and beneficiary d) Doctor and patient 73 In relation to duress, which one of the following statements is true? a) Duress will only be present where one party physically threatens the person of another. b) The doctrine of duress is a creation of equity. c) The doctrine of duress only applies to property or the person, and has not been extended to cover economic or business interests. d) The presence of duress will render a contract voidable. 74 Which one of the following contracts is NOT an example of an illegal contract? a) A contract that purports to oust the jurisdiction of the courts. b) A contract requiring the commission of an unlawful act.

21 c) A contract that amounts to a legal wrong. d) A lawful contract that does not require the commission of an unlawful act, but results in a person benefitting from an unlawful act, should that unlawful act occur. 75 Which one of the following is NOT an example of a contract in breach of public policy? a) An agreement that adversely affects the institution of marriage. b) A contract that seeks to oust the jurisdiction of the courts c) A contract in restraint of trade d) A contract involving commercial dealings with the enemy during wartime. Ans. 1 to b 2. c 3. b 4. b 5. a 6. d 7. b 8. d 9. a 10. b 11. c 12. a 13. b 14. a 15. d

22 16. b 17. c 18. b 19. a 20. b 21. b 22. b 23. c 24. b 25. d 26. b 27. b 28. a 29. a 30. b 31. b 32. c 33. c 34. b 35. c 36. a 37. c 38. d 39. a 40. d

23 41. b 42. c 43. b 44. b 45. a 46. b 47. d 48. a 49. c 50. a 51. a 52. a 53. a 54. a 55. a 56. a 57. a 58. a 59. d 60. d 61. b 62. a 63. d 64. a 65. a

24 66. d 67. a 68. d 69. b 70. a 71. b 72. a 73. d 74. a 75. d