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1 9 June 2014 Level 3 INTROUTION TO LW N PRTIE Subject ode L3-1 THE HRTERE INSTITUTE OF LEGL EXEUTIVES UNIT 1 INTROUTION TO LW UNIT 1 INTROUTION TO LW N PRTIE * N PRTIE * QUESTION PPER N NSWER OOKLET andidate Number: Membership Number: andidate Number: Membership Number: Question Number MRKING GRI ILEx use only 1 st Marking 2 nd Marking Question Number Total Total MRKING GRI ILEx use only 1 st Marking 2 nd Marking o not turn over this page until instructed by the Invigilator. * This unit is a component of the ILEx LEVEL 3 PROFESSIONL QULIFITIONS and LEVEL 3 LEGL SERVIES KNOWLEGE QULIFITIONS Page 1 of 16

2 LNK PGE Page 2 of 16

3 9 June 2014 Level 3 INTROUTION TO LW N PRTIE Subject ode L3-1 THE HRTERE INSTITUTE OF LEGL EXEUTIVES UNIT 1 INTROUTION TO LW N PRTIE QUESTION PPER N NSWER OOKLET Time allowed: 1 hour Instructions to andidates Use blue or black ink or ballpoint pen. andidates must comply with the ILEx Examination Regulations. You must answer LL the questions on the examination paper. ll the questions are multiple choice questions. Insert an X in the box corresponding to the answer you consider to be correct. Example The colour of grass is: Red lue Green X Yellow o not turn over this page until instructed by the Invigilator. Page 3 of 16

4 Question 1 In a civil case the burden of proof is: on the claimant on the defendant beyond all reasonable doubt on the balance of probabilities Question 2 What is meant by the ratio decidendi? It is a system which sets out the appeal route through the court hierarchy It is the facts the judge relied upon to make the decision It is a system that dictates which court can make binding decisions It is the proposition of law which decided the case in the light or context of the material facts Question 3 Which one of the following is not a principal institution of the European Union? The European Parliament The European ouncil The European ourt of Human Rights The ourt of Justice of the European Union Page 4 of 16

5 Question 4 The doctrine of sovereignty of Parliament in the United Kingdom means: Parliament has absolute power Only Parliament can limit the power of future Parliaments The Executive has more power than Parliament Parliament binds the Judiciary Question 5 The duties of the Law ommission include: (i) (ii) (iii) (iv) Electing judges ssisting with the repeal of obsolete laws Regulating the legal profession onsidering the codification of law (i) and (iv) (i), (ii), (iii) (ii) and (iii) (ii) and (iv) Question 6 Which of the following judges would not sit in the rown ourt? (i) (ii) (iii) (iv) istrict Judges Recorders ircuit Judges Judges of the Upper Tier Tribunal (i) and (ii) (ii) and (iii) (ii) and (iv) (i) and (iv) Turn over Page 5 of 16

6 Question 7 Section 3 of the Human Rights ct 1998 provides that: The ct has only horizontal effect Everyone has the right to freedom of expression Public authorities can choose which onvention rights to adopt The UK courts are required to interpret all legislation to make it compatible with onvention rights, as far as is possible to do so Question 8 The courts can exercise control over delegated legislation by: (i) (ii) (iii) (iv) Limiting delegated power Ensuring compliance with the European ourt of Human Rights Requiring publication Laying it before Parliament (i) and (iii) (ii) and (iv) (i) and (ii) ll of the above Question 9 Which one of the following is the least formal and structured form of lternative ispute Resolution (R)? onciliation Negotiation Mediation rbitration Page 6 of 16

7 Question 10 Which of the following statements about Magistrates are correct? (i) (ii) (iii) (iv) They are normally full-time and unpaid Qualified lawyers can act as Magistrates Magistrates receive no formal training Magistrates are appointed by the Lord hancellor (i) and (iii) (i), (ii), (iii) (i), (iii), (iv) (ii) and (iv) Question 11 Which one of the following is the main role of the Judiciary? To make law To change the law To apply the law To review the law Question 12 Which one of the following is Equity based on? Fairness Rules ertainty uties Turn over Page 7 of 16

8 Question 13 What is the role of the riminal ases Review ommission? To hear appeal cases To investigate possible miscarriages of justice To overturn sentences To quash convictions Question 14 Marcus has asked you how a Public ct of Parliament is created. What is the correct order of the stages of this process? (i) (ii) (iii) (iv) ommittee Stage First and Second Readings Report Stage Third Reading (ii), (iv), (i), (iii) (i), (ii),(iv), (iii) (ii), (i), (iii), (iv) (iii), (ii), (i), (iv) Question 15 Which one of the following is a disadvantage of delegated legislation? It is flexible It can be detailed and technical It is not always subject to the full democratic Parliamentary process It saves Parliamentary time Page 8 of 16

9 Question 16 What is the doctrine of Stare ecisis? That decisions in courts are subject to a system of judicial precedent The binding element of a decision The persuasive element of a decision When courts distinguish a case Question 17 Which one of the following best describes European irectives? They are binding on all Member States to which they are addressed and they set out the law in general terms only They apply to all Member States and are directly applicable They are a primary source of EU law binding on all Member States They are constitutional documents Question 18 James has been charged with robbery. In which court will his case be heard first? Magistrates ourt ounty ourt rown ourt High ourt Turn over Page 9 of 16

10 Question 19 Which section of the Human Rights ct 1998 allows a declaration of incompatibility to be made? Section 6 Section 7 Section 4 Section 2 Question 20 Which one of the following is not an advantage of a tribunal? osts cannot usually be awarded It is quicker than going to court Proceedings are informal They are not governed by strict rules of judicial precedent Question 21 Emma wants to qualify as a barrister. She has gained her LL degree. What further steps must she take to qualify? (i) (ii) (iii) (iv) omplete the PT omplete the LP Undertake a pupillage Join an Inn of ourt (i) and (iii) (i), (ii), (iii) (ii), (iii), (iv) (i), (iii), (iv) Page 10 of 16

11 Question 22 Which one of the following prevents jurors from disclosing what happens in the jury room? Juries ct 1974 s.44 riminal Justice ct 2003 s.8 ontempt of ourt ct 1981 s.2 Official Secrets ct 1911 Question 23 Which one of the following is not an equitable maxim? Equity does not follow the law Equality is equity Equity acts in personam Equity will not assist a volunteer Question 24 Which one of the following is not a core duty under the Solicitors ode of onduct? To act with integrity To act in the best interests of the client To maintain the respect of the general public To provide a good standard of service Turn over Page 11 of 16

12 Question 25 Indictable offences are tried in the: ounty ourt Magistrates ourt High ourt rown ourt Question 26 The Government is creating a new piece of legislation and has finished the consultation process. What is the name of the Paper now produced by the Government which specifies the legislative proposals and reasons for them? Green Paper lue Paper White Paper lack Paper Question 27 Which one of the following courts cannot bind the ivisional ourts of the High ourt? Supreme ourt ourt of ppeal ivisional ourt of the High ourt High ourt Page 12 of 16

13 Question 28 Which of the following are characteristics of criminal law? (i) (ii) (iii) (iv) The standard of proof is beyond a reasonable doubt The rown or appellant bear the burden of proof amages or equitable remedies are available ases are heard in a Magistrates or ounty ourt (i) and (ii) (iii) and (iv) (i) and (iv) (i), (ii), (iii) Question 29 Which one of the following type of ill particularly affects one or more individuals or locations? Public ill Hybrid ill Private ill National ill Question 30 How many ILEx membership categories are there? End of Examination Paper 2014 The hartered Institute of Legal Executives MRK TOTL: Page 13 of 16

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