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1 16 January 2012 Level 3 INTROUTION TO LW N PRTIE Subject ode L3-1 INSTITUTE OF LEGL EXEUTIVES UNIT 1 INTROUTION TO LW N PRTIE* UNIT 1 INTROUTION TO LW 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 following ILEX qualifications: LEVEL 3 ERTIFITE IN LW N PRTIE and LEVEL 3 PROFESSIONL IPLOM IN LW N PRTIE Page 1 of 16

2 LNK PGE Page 2 of 16

3 16 January 2012 Level 3 INTROUTION TO LW N PRTIE Subject ode L3-1 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 ball point 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 The standard of proof in a criminal case is: beyond all reasonable doubt on the balance of probabilities on the defendant on the prosecution Question 2 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 absolute power only the Judiciary has more power than Parliament Question 3 Which one of the following is an equitable maxim? Equity will assist a volunteer He who seeks equity must do equity Equity is not discretionary Equity is not defeated by delay Page 4 of 16

5 Question 4 Which one of the following is not a right protected by section 1 of the European onvention on Human Rights? The right to life The right to liberty and security of the person The right to choose to die with dignity Prohibition of slavery and forced labour Question 5 Kim is a newly elected MP who is researching how a Public ct of Parliament is created. She asks you to tell her the correct order of the following stages of this process: (i) First and Second Readings (ii) Report Stage (iii) ommittee Stage (iv) Third Reading (i) (ii) (iii) (iv) (i) (iv) (ii) (iii) (i) (iii) (ii) (iv) (i) (iv) (iii) (ii) Question 6 Gerald has been charged with murder. In which ourt will he appear first? rown ourt Magistrates ourt High ourt ounty ourt Turn over Page 5 of 16

6 Question 7 Which, if any, of the following are equitable remedies? (i) Injunction (ii) amages (iii) Rescission (iv) Specific Performance ll of the above (i) & (ii) (i), (iii) & (iv) None of the above Question 8 What is meant by the doctrine of ratio decidendi? It is a system that dictates which courts can make binding decisions The proposition of law which is used to decide the case in the light or context of the material facts It is a system which sets out the appeal route through the court hierarchy It is the facts upon which judges rely to reach their decisions Question 9 The role of the legislature is: to govern the country and apply the law to make law to apply the law to review decisions to make sure they are not ultra vires Page 6 of 16

7 Question 10 Which one of the following statements about a Private Member s ill is correct? ny member of the public may introduce it into Parliament It has to have the support of the Government The ill always becomes an ct of Parliament The chances of the ill becoming law are very low. Question 11 rody is a law student in his third year at university and asks you for clarification on advice he has received on how to complete his qualification as a solicitor. Which of the following will rody have to do to become a solicitor? (i) Pass the Legal Practice ourse (ii) omplete a two year training contract (iii) omplete the academic stage of training (iv) Undertake the ar Professional Training ourse (iii) & (iv) (i) & (ii) (ii) & (iii) (i) (ii) & (iii) Question 12 The doctrine of judicial precedent dictates: The Supreme ourt binds all other courts and is bound by its own decisions The Supreme ourt binds all other courts but is not bound by its own decisions The ourt of ppeal binds the Supreme ourt The rown ourt binds the Magistrates ourt Turn over Page 7 of 16

8 Question 13 Which one of the following is not an advantage of delegated legislation? It saves parliamentary time Its volume It is flexible It can be very technical Question 14 Which one of the following is not eligible to be a member of a jury? High ourt Judge convicted murderer who has been released from prison after serving a sentence of 15 years Lance orporal in the army 20 year old student Question 15 Legal Executives are directly regulated by: The Solicitor s ode of onduct ILEX Professional Standards The Ministry of Justice The Law Society Page 8 of 16

9 Question 16 Which court would hear an appeal from the ounty ourt in a dispute concerning land? Queen s ench ivision ourt of ppeal riminal ivision ivisional ourt of the hancery ivision The Supreme ourt Question 17 Section 3 of the Human Rights ct 1998 provides that: The ct has both horizontal and vertical effect Everyone has the right to a fair trial Public authorities cannot breach onvention rights 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 18 Which one of these is a correct description of the forms of delegated legislation? Orders in ouncil, y-laws, Ordinances y Laws, Orders in ouncil, Statutory Instruments Ordinances, Statutory Instruments and y-laws Statutory Instruments and Ordinances Turn over Page 9 of 16

10 Question 19 In order to become a Fellow of ILEX, what is the total number of years of qualifying employment an individual must have? Question 20 Which one of the following statements about the riminal ases Review ommission is wrong? It can overturn convictions or sentences It was established by the riminal ppeal ct 1995 It is directed by the ourt of ppeal to carry out investigations into a case In most cases a review of a case requires new evidence or new legal argument not previously raised Question 21 Jemima has been in a car accident and has issued proceedings in the ounty ourt against Taylor, who was responsible for the accident. Jemima s car will cost 2,000 to repair and she wants to claim 500 for personal injury. Which track should this case be allocated to? Small claims track Fast track Medium claims track Multi-track Page 10 of 16

11 Question 22 Which one of the following is not an Inn of ourt? Gray s Inn Inner Temple Middle Temple Outer Temple Question 23 Which one of the following is not an institution of the European Union? The European Parliament The European ourt of Human Rights The European ouncil The ouncil of the European Union Question 24 The duties of The Law ommission include: (i) scrutinising the appointment of judges (ii) assisting with the repeal of obsolete laws (iii) investigating complaints against barristers (iv) considering the codification of the law (iii) (i) (i) & (iii) (ii) & (iv) Turn over Page 11 of 16

12 Question 25 The correct term to refer to an individual issuing a civil claim is: litigant claimant defendant rown Question 26 The ourt of Justice of the European Union has primary jurisdiction over: (i) direct actions by the European Union against Member States (ii) preliminary rulings on a point of European Union law (iii) actions against European Union institutions for failure to act (iv) actions for annulment of an element of European Union law (i) (ii) (iii) (ii) (iii) (iv) (iii) (iv) ll of the above Question 27 ircuit Judges can sit in which of the following court(s)? rown ourt and ounty ourt rown ourt ounty ourt and High ourt High ourt, rown ourt and ounty ourt Page 12 of 16

13 Question 28 Which one of the following statements about mediation is correct? mediator will make a decision after carefully listening to both parties cases The parties to a mediation are normally kept apart and the mediator speaks to each of them separately Mediators have to be solicitors or barristers decision at a mediation is subject to appeal to the High ourt Question 29 Which of the following statements about Magistrates are correct? (i) They are normally part-time and unpaid (ii) Qualified lawyers can be appointed as magistrates (iii) Magistrates are appointed by the Lord hancellor (iv) andidates wishing to become magistrates do not have to complete any formal training ll of the above (i) (ii) (iii) (ii) (iii) (iv) (ii) (iii) Question 30 Which one of the following is not a First Tier Tribunal? General Regulatory Tax and hancery Social Entitlement War Pensions and rmed Forces ompensation End of Examination Paper 2012 Institute of Legal Executives MRK TOTL: Page 13 of 16

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