Candidate. Number: Membership Number:

Transcription

1 12 June 2017 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 June 2017 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 Which one of the following is Equity based on: Fairness Rules ertainty uties Question 2 Which of the following statements about the Legislature are correct? (i) (ii) (iii) (iv) Its role is to make law It is the only body that has the power to pass laws that apply in all four countries of the United Kingdom Its role is to govern the country It can only make laws that bind England and Wales (i) and (iv) (i) and (ii) (ii) and (iii) (ii) and (iv) Question 3 When a ill affecting the United Kingdom is introduced in the House of ommons, how many distinct procedures must it undergo before its transfer to the House of Lords? Page 4 of 16

5 Question 4 Which one of the following is a means by which government ministers introduce regulations under powers delegated to them by Parliament in enabling legislation? Orders in ouncil ye-laws ourt Rule ommittees Statutory instruments Question 5 Which of the following is NOT an exception to the general rule that the ourt of ppeal is bound by its own previous decisions in civil cases. Where there is conflict between previous decisions of the ourt of ppeal they must choose which decision to follow Where a previous decision of the ourt of ppeal has been overruled either expressly or impliedly by the House of Lords (now the Supreme ourt) Where the previous decision was given per incuriam Where there is a conflicting High ourt and ourt of ppeal decision the ourt of ppeal must choose which decision to follow Turn over Page 5 of 16

6 Question 6 Which one of the following institutions does NOT have any legislative functions? European ommission ouncil of the European Union European ouncil European Parliament Question 7 The purpose of the overriding objective in the riminal Procedure Rules 2010 is: riminal cases are dealt with justly riminal cases must be actively managed To allow the defendant to choose trial by judge or jury To allow the defendant an automatic right to appeal a decision Page 6 of 16

7 Question 8 Which one of the following is set out in Section 3 of the Human Rights ct (1998)? If legislation does not comply with the European onvention on Human Rights it allows a declaration of incompatibility to be made The UK courts are required to interpret all legislation to make it compatible with the European onvention on Human Rights as far as is possible to do so The UK courts are required to ensure that everyone has a fair trial in accordance with the European onvention on Human Rights Only public authorities are bound to give effect to the European onvention on Human Rights Question 9 Which one of the following statements about mediation is incorrect? The parties are normally kept separate The parties can remain on friendly terms resolution is guaranteed It is relatively quick and cheap Turn over Page 7 of 16

8 Question 10 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) Question 11 Which one of the following is NOT a track that civil cases can be allocated to? Personal Injury track Multi track Small claims track Fast track Question 12 Which one of the following is NOT a key objective of the Solicitors Regulation uthority? To set the criteria for entry to the profession To provide information about the work of solicitors To follow up on complaints about solicitors To represent solicitors Page 8 of 16

9 Question 13 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 hief Justice (i) and (iii) (i), (ii) and (iii) (ii), (iii) and (iv) (ii) and (iv) Question 14 Which one of the following statements about a Private Members ill is correct? The chances of the ill becoming law are very low The Opposition must support the ill ny member of the public may introduce it into Parliament Minister must support the ill Question 15 The separation of powers means that: The Legislature and the Executive should be fused but the Judiciary should be separate The Executive, Legislature and Judiciary should be separate The Executive should appoint the Judiciary The Legislature should appoint the Judiciary Turn over Page 9 of 16

10 Question 16 Which one of the following is NOT an advantage of delegated legislation? It is flexible It is always subject to the full democratic parliamentary process It saves parliamentary time It allows rapid change Question 17 Which one of the following would permit a lower court to ignore the previous decision of a higher court? The use of the Golden Rule The use of the Literal Rule The decision has been overreached The decision has been overruled Question 18 Which one of the following describes a European Union Regulation? It is a primary source of EU Law It sets out the law in general terms only It is directly applicable to all Member States It is an enabling document Page 10 of 16

11 Question 19 Which one of the following is NOT a right protected by Section 1 of the European onvention on Human Rights? Right to gay marriage Right to life Freedom of assembly Right to liberty and security of the person Question 20 Which one of the following is NOT a feature of conciliation? The conciliator can propose compromises The parties are normally kept separate Parties may wish to remain on friendly terms in the future The outcome is binding Question 21 Which one of the following is a disadvantage of trial by jury? It involves ordinary people in the criminal justice system It provides constitutional protection against the state Juries have to understand legal facts Jury decisions can lead to later reform of the law Turn over Page 11 of 16

12 Question 22 Which one of the following is a disadvantage of arbitration? It is quicker and cheaper than court There are very limited grounds for appeal It is less adversarial than court The arbitrator is an expert Question 23 Which of the following correctly describes the seniority of judges in England and Wales, from the most senior to the least senior? (i) (ii) (iii) (iv) ircuit Judge Lord Justice of ppeal High ourt Judge Lord hief Justice (ii), (iii), (iv), (i) (iv), (iii), (ii), (i) (ii), (iv), (i), (iii) (iv), (ii), (iii), (i) Question 24 Which body is responsible for the professional standards of hartered Legal Executives? The Law Society ILEx Regulation Legal Services oard Ofqual Page 12 of 16

13 Question 25 Which of the following describes the ommission? (i) (ii) (iii) (iv) It is regarded as the civil service of the European Union It proposes new legislation Its members are directly elected by citizens of member states It passes secondary legislation (ii) and (iv) (i) and (iii) (i) and (ii) (iii) and (iv) Question 26 Which ct lays out the eligibility criteria for jury service? riminal Justice ct 2003 Juries ct 1974 rime and isorder ct 1998 Juries ct 2010 Question 27 Which one of the following is responsible for bringing a criminal prosecution? The riminal Prosecution Service The State The Police The rown Prosecution Service Turn over Page 13 of 16

14 Question 28 onald has been convicted of murder and wants to appeal his conviction. Which court will hear his appeal? High ourt Supreme ourt ourt of ppeal riminal ivision rown ourt Question 29 Which one of the following type of ill particularly affects the general public but has significant impact on one or more individuals? Public ill Hybrid ill Private ill Law Reform ill Question 30 Which one of the following is NOT an equitable maxim? elay defeats equity He who seeks equity must do equity Equity follows the law Equity acts in rem End of Examination Paper 2017 The hartered Institute of Legal Executives MRK TOTL: Page 14 of 16

15 LNK PGE Page 15 of 16

16 LNK PGE Page 16 of 16