quriosity - 2018 round one house 01
TRANSCRIPT
1.A contract may be :
1. Oral or in writing
2. Written or in digital form
3. Oral or verbal
4. All of the above
2. What does the actus reus of a crime alwayshave to comprise of?1. Consequences
2. Conduct
3. Circumstances
4. All of the above
3. What is the difference between anagreement and a contract :1. No difference
2. In an agreement parties agree in a contract parties have no choice itis imposed by law
3. Both are agreements however a contract is an agreement which islegally enforceable
4. No significant difference
5. Blue v Ashley [2017] EWHC1928 is connected with
1. Anticipatory breach
2. Limitations on the doctrine of frustration
3. Intention to create legal relations
4. Non pecuniary loss
7. Which of the following is true with regard towithdrawing of an offer :
1. offeror can withdraw the offer any time after it is accepted
2. offeror cannot withdraw an offer once it is made to offeree
3. offeror can withdraw offer any time before it is validlyaccepted
4. offeror can withdraw the offer at any time prior to thecommencement of the trial
8. In which case was the following saidabout voluntariness?
“No act is punishable if done involuntarily … meansan act which is done by the muscles without the
control by the mind … an act done by a person whois not conscious of what he is doing …”
9. Adams v Lindsell :1. Set the postal acceptance principle
2. Said a newspaper advert is usually an invitation to treat
3. Said offer can be withdrawn any time before it is
validly accepted
4. set the rules relating to the Postal laws
10. Carlill v Carbolic Smoke Ball :
1. Said that a display of goods can be an offer
2. Said that an advertisement can be an offer
3. Said request for tenders can be an offer
4. said that a smoke ball is an offer
1. Partridge v Crittenden said :1. Advertisements can be an offer
2. Advertisements are generally only invitationsto treat
3. Said advertisement can never be offers
4. A tender can be an offer
3. Fisher v Bell established :
1. Acceptance rule
2. Display of goods generally is an invitation to treat
3. Display of goods is generally an offer
4. A sale is always a contract
5. In this case the Supreme Court upheld theinsurer’s claim holding that it was not arequirement of an action for deceit that therepresented must show that he believed themisrepresentation1. Zurich Insurance Co plc v Hayward [2016] UKSC 48
2. Severfield (UK) Ltd v Duro Felguera UK Ltd [2017] EWHC 3066 (TCC)
3. Vitol SA v Beta Renowable Group SA [2017] EWHC 1734 (Comm)
4. MacInnes v Gross [2017] EWHC 46 (QB)
7. Hyde v Wrench established :
1. A counter offer revokes the original offer
2. Offer can be accepted at any time
3. Postal acceptance rule
4. A counter offer is a double offer
10. A statement of mere inquiry does not amount to theoriginal offer being destroyed this is established in :
1. Hyde v Wrench
2. Stevenson v Mclean
3. Day Morrice Associates v Voyce
4. Carlyle v Carbolic Smoke ball
1.Cross offers were explained in :1. Tinn v Hoffman & co
2. Hyde v Wrench
3. Thorton v Shoe Lane Parking Ltd
4. Wagan Mound
3. Thorton v Shoe Lane Parking Ltd :
1. The machine was the offer which was accepted by putting themoney in
2. Putting money into the machine was the offer
3. The machine dispensing the ticket was the acceptance
4. The vending machine was the offer
4. Name two items which would amount toprohibited articles for the purposes of crimes ofpossession?
CfPS Law School 2017 5
5. In this case the Administrative Court confirmed that aperson who uses a debit card at an ATM to withdraw cashcommits theft if he has no overdraft facility and knows hedoes not have the funds to cover the amount withdrawn.1. Chodorek v District Court of Kielce, Poland [2017] EWHC 995
(Admin)QBD
2. R v Ray [2017]
3. R (Collins) v The Secretary of State for Justice (2016) QBD.
4. R v Riddell [2017]
7. When does an offer become legally binding :
1. As soon as it is accepted
2. On a date agreed by the parties
3. As soon as the it is made
4. Just before the contract is finalised
9. In Stilk v Myrrick the captain was able to go back on hispromise to share the wages between the crew because :
1. They had an existing legal duty to do what they promised
2. The crew had taken advantage of the captain
3. They had not done what they promised
4. The crew had not made a valid offer to the captain to sailthe ship
10. Re McArdle concerned :
1. A man seeking pardon from the king
2. A couple getting married
3. A wife undertaking repairs of a family home
4. A man seeking a knighthood from the king
1. Why did the court not follow Stilk v Myrrick in Hartley vPonsonby?
1. Because the crew had gone beyond their existing legal duty
2. Because the crew were lucky
3. Because the crew had performed the promise precisely
4. Because the crew had made several counter promises
3. Pinnel's case established :
1. Part payment of debt not good consideration
2. An existing duty owed to third party is correct
3. Consideration must be sufficient need not be adequate
4. Consideration can arise from a moral duty
5. According to Ivey v Genting Casinos [2017] UKSC67
1. The Theft Act will no longer be relevant when decidingdishonesty in relation to theft
2. A two way test is adopted to assess dishonesty3. Whether someone is dishonest or not does not vary with the
defendant’s own assessment of what counts as dishonestybut is decided according to objective standards of ordinary,reasonable people.
4. Dishonesty in fraud is different from dishonesty in Makingoff without payment
7. Glasbrook Bros v Glamorgan established that:
1. Part payment of a debt is not good consideration
2. Existing legal duty can be valid consideration where aparty has gone beyond his legal duty
3. Past consideration is not good consideration
4. Future consideration is the best consideration
8. Why was the common law wife inGibbons & Proctor was found guiltywhen for the death of the victimwhen she was not her child?
9. Why was past consideration considered sufficient inLampleigh v Braithwaite?
1. Because the claimant has gone beyond his legal duty
2. Because the promisor has requested the performance
3. Because the claimant has conferred a benefit
4. Because the consideration is beyond the law of contract
10. For an agreement to be binding something of value in theeyes of the law must be exchanged by each party according to :
1. Foakes v Beer
2. Re McArdle
3. Thomas v Thomas
4. Charles v Dusseldorf
1.What area of law did the courts consider in thecase of Madzimbamuto v Lardner-Burke (1969)?1. The ECHR
2. Separation of powers
3. Supremacy of Parliament
4. Prerogative Powers
2.What is the definition of ‘Jurisdiction’?
1. The type of cases a court can hear
2. The right or authority each court has to hear and determine cases
3. The limit of judicial power the Supreme Court wields within the legal system
4. The geographical area within which courts can hear cases.
3.“Once a bill has passed through the requisite parliamentary stagesand receives Royal Assent, the courts will not inquire into the mannerin which it was passed.”
What is this principle of law referred to as?
1.Doctrine of implied repeal
2. Royal Prerogative
3. The Rule of Bill Passing
4. Enrolled Bill Rule
4.Which of the following statements is False?
1. In criminal cases the parties will be the State and the accusedperson(s).
2. ‘Public law’ concerns the relationship between individual persons orprivate bodies and the state
3. The burden of proof in a civil case is ‘on a balance of probabilities’
4. The state will be represented by a prosecutor from the LordChancellor’s Department in criminal trials
5.“When the courts are faced withe dilemma of deciding between thetwo inconsistent Acts, the later Act is dth eemed to impliedly repeal theearlier Act to the extent that the two Acts are incompatible.”
What is this principle of law referred to as?
1. Doctrine of implied repeal
2. Doctrine of Delegated Legislation
3. The Rule of Bill Passing
4. Enrolled Bill Rule
6. Which of the following Courts hears criminaltrials on indictment?
1. The Court of Appeal Criminal Division
2. The Magistrate’s Court
3. The Crown Court
4. The Criminal Division of the High Court
7. What are the two Parliament Acts?
1. Parliament Act 1911 and Parliament Act 1949
2. Parliament Act 1912 and Parliament Act 1939
3. Parliament Act 1911 and Parliament Act 1959
4. Parliament Act 1912 and Parliament Act 1949
8. Which one of the following courts hears appealsfrom the County Court?
1. The Court of Appeal Civil Division
2. The Crown Court
3. The Divisional Bench of the High Court
4. The Supreme Court
9.In what case was the Hunting Act 2004challenged?
1. Ellen Street Estates Ltd v Minister of Health
2. Edinburgh and Dalkeith Rly Co v Wauchope
3. Thoburn v Sunderland City Council
4. Jackson v AG
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10. That which is not connected to ministerialaccountability
1. The Secretary of State for International Development, Priti Patel,resigned in November 2017
2. Prime Minister David Cameron resigned in 20153. The Secretary of State for Defence, Michael Fallon, resigned on 1
November 20174. The First Secretary of State and Minister for the Cabinet Office (and
de facto Deputy Prime Minister), Damian Green resigned in 2017
1. Which of the following laws were passed under theParliament Act 1949?
1. Hunting Act 2004
2. European Communities Act 1972
3. Legislative and Regulatory Reform Act 2006
4. Constitutional Reform Act 2005
3. Which of the following is a characteristic of aprerogative power?
1. Derives Power from Parliament
2. Highest form of law
3. Can be abolished or restricted by an act of Parliament
4. Cannot be abolished or restricted by an act of Parliament
4. Which one of the following is the publisher of the officialand most authoritative law reports in England and Wales?
1. All England Law Reports
2. Weekly Law Reports
3. Incorporated Council of Law Reporting for England and WalesWestlaw
4. Westlaw
5. What is Dicey’s definition of prerogative powers?
1. ‘The residue of discretionary or arbitrary authority, which at any given time islegally left in the hands of the Crown’
2. ‘The discretionary authority derived from the Queen and the Cabinet ofMinisters’
3. ‘The residue of discretionary or arbitrary authority derived from acts ofParliament and left with the Prime Minister’?
4. ‘The authority derived from and attached to acts of Parliament’What is meant by a ‘concurring’ judgment?
7. Which of the following can Parliament do in relationto Prerogative Powers?
1. Abolish
2. Limit
3. Replace
4. All of the above
9. Which of the following cases did NOT deal withPrerogative Powers?
1. In A-G v De Keyser’s Royal Hotel (1920)
2. In R v Secretary of State for the Home Department, exp NorthumbriaPolice Authority (1989)
3. Duport Steels Ltd v Sirs (1980
4.Council for Civil Service Unions v Minister for the Civil Service (1984)
10. The case that is not connected to thecrown and prerogative powers is1. R (Black) v Secretary of State for Justice [2017] UKSC 812. R (XH) v Secretary of State for the Home Department
[2017] EWCA Civ 41 LSM3. Mohammed v Ministry of Defence [2017} UKSC 14. Miller v Secretary of State for Exiting the European
Union [2017] UKSC 5
1. Who made the following observation?
“When legislative power is united with executive power in asingle person or in a single body of the magistracy, there is noliberty, because one can fear that the same monarch or senatethat makes tyrannical laws will execute them tyrannically.”
1. Montesquieu
2. A.V. Dicey
3. Lord Bingham
4. Munro
2. The House of Lords was completely abolishedby the Constitutional Reform Act of 2005. Is thisstatement true or false?
3. What was the argument made by Tomkins on theSeparation of Powers?
1. That the separation of powers is Tripartite
2. The separation of powers is an unnecessary doctrine
3. All constitutional actors ultimately draw their power from either theCrown or from Parliament.
4. All constitutional actors are from the Executive, Judiciary orLegislature
5. Which of the following laws provide that full-time membersof the judiciary are not eligible to serve as MPs or peers?
1. Human Rights Act 1998
2. Act of Settlement 1701
3. European Communities Act 1972
4. House of Commons Disqualification Act 1975
7. What are Clauses that enable ministers to amend Acts of Parliament(primary legislation) using statutory instruments called?
1. Henry VIII Clauses
2. John IV Clauses
3. William VI Clauses
4. George II Causes
9. By what person/body is most SecondaryLegislation drafted by?
1. Parliament
2. Parliamentary Counsel
3. Legal branch of Government Department
4. Delegated Legislation branch of Legal Draftsman’sDepartment
10.A juror who admitted that he had conducted internetresearch into the background of a defendant during a burglarytrial, which caused the conviction to be quashed, received afour-month prison sentence (suspended for 12 months).What is the case,
1. Solicitor general v Smith2. Solicitor General v Stoddart3. Solicitor general v Strocker4. Solicitor General v Miller
1.What is the Parliamentary record known as?
1. Standing Orders
2. Hansard
3. Constitutional Record of proceedings
4. White Paper
3. What body considers whether each statutoryinstrument contains any technical drafting flaws?
1. Select Committee on the Merits of Statutory Instruments
2. Parliament Sub-Committee on Legislation
3. Legal Draftsman’s Department
4. Joint Committee on Statutory Instruments
5. Under which Act’s authority are statutory instrumentscategorised as ‘regulatory reform orders’ regularly created?1. Delegated Legislation Act 2002
2. Parliament Act 1949
3. Statutory Instrument & Legislation Act 2001
4. Legislative and Regulatory Reform Act 2006
6. The declaratory theory supports the view that….1. The Parliament declares what law is
2. Parliament can change the law as and when Parliament wishes
3. Judges make law by judicial declarations
4. Judges in their decisions are merely declaring what the law is
7. That which is NOT a type of Statutory Instrument :
1. Regulations
2. Directives
3. Orders
4. Rules
8. What give the House of Lords and theSupreme Court the power to overrule its ownprevious precedents?
9. Which of the following cant the courts NOT do inrelation to the Human Rights Act 1998
1. Make a declaration of incompatibility
2. Strike down incompatible primary legislation
3. Interpret laws to best give effect to the Human Rights Act 1998
4. Interpret laws in a manner that may not be compatible with theHuman Rights Act 1998
10. That which is not a proposal of the BachCommission’s final report
1. legal aid eligibility rules must be reformed;
2. the scope of civil legal aid must be reviewed and extended;
3. the universal operation of the legal aid system
and the Legal Aid Agency strengthened ;
4. public legal capability should be improved through a
national public legal education and advice strategy.
1. Who is not an authority expert on rule of law :
1. Paul Craig,
2. Jennings,
3. Lord Bingham
4. Raz
5. Lord Bowen
2.Kiranjith Ahluwalia
1. Her conviction was overturned by the appellatecourt
2. She was eventually found guilty of manslaughter
3. The film “ Twelve angry men” based on her trial
4. Was the first Asian woman to be convicted forshoplifting in England
3.Who is an expert on separation of powers:
1. Lord Scarman
2. Lord Hoffman
3. Lord Haw-haw
4. James Robart
4. What is the case principle of War Damages act1965 which overruled Burma Oil :
1. The concept of EU supremacy
2. The concept of direct effect
3. The concept of parliamentary supremacy
4. The concept of indirect effect
8. The second aspect of the doctrine of privity isconsidered to be unfair this was established in :
1. Beswick v Beswick
2. Smith v Land House Corporation’
3. Scruttons v Midland Silicones
4. European Union v UK
9.S 11 of the Unfair contract terms act of 1977 talks aboutthe :
1. Subjective test
2. Test of unfairness
3. Reasonable persons test
4. Reasonable objective test
1. What is not a case to support parliamentarysupremacy
1. Burma Oil case
2. GCHQ
3. Ellen Estate Case
4. Vauxhall Estate case
3. Majewski case says1. If the offence is a specific intent crime and theintoxication is voluntary, intoxication will not be a defence
2. If the offence is a basic intent crime and the intoxicationis voluntary intoxication, intoxication will not be a defence
3. If the offence is a specific intent crime and theintoxication is involuntary intoxication, intoxication will notbe a defence
4. If the offence is a basic intent crime and the intoxicationis voluntary intoxication, intoxication will be a defence
6. Which case decided that Silent telephonecallscan amount to an assault
1. R v Ireland
2. Tuberville v Savage
3. Savage and Parmenter
4 . Stone and Dobinson
8. A minor is bound by contracts of service :
1. Only if it is beneficial to him
2. Only if he wants to be bound by it
3. It is never binding on the minor
4. only if it suits his way of life
9. This case established that although existing contractual dutyis not good consideration if it was a risk to your life and youcontinued with the contract is will be valid consideration :
1. Hartley v ponsonby
2. Willianms v Roffey
3. Stilk v Myrick
4. Merric v Turner
10. Case that decided that resort to criminalcourts in sporting injury should be exceptionalis :
1. A.G’s reference2.Barnes3.konzani4.Singsby
3. Who delivered the famous statementabout on automatism ?
1. Lord Bingham
2. Lord Denning
3. A.V Diplock
4. Lord Atkin
6. Which is true about,Daniel Mcnaughten :1. He was convicted because he killed
whilst been insane2. He was convicted because he killed the
Prime Minster of Great Britain3. Rules relating to insanity was laid down
in his case.4. He was acquitted for killing Sir Robert
Peel
8. A statement which is literally true may be treatedas a misrepresentation if relevant informationrelated to the statement is not disclosed caseexample :
1. With v O’Flanagan
2. Dimmock v Hallet
3. Spice Girls v Aprila World Services
4. Royal Prerogative Services v Clapman
9. The person to whom the offer is made is called :
1. offeror
2. offeree
3. offeror/ offeree
4. Acceptor
10. Garbage left by a householder belongs tohim till collected by the councilWhat's the case?
1.Williams v Phillips2. Hibbert v McKierman3.Woodman4. Meredith
1. What is not a devolution act?
1. Scotland Act
2. Northern Ireland Act
3. England Act
4. Wales Act
2. What is not an act in your public syllabus :
1. HRA 1998
2. ECA 1972
3. CRA 2009
4. Parliamentary Act 1949
3. When a person eats food the so called food(mash)which is now in his stomac belongs to no one, not evento the person who ate the food.Whats the case?
1. Davidge v Bunnett
2. DPP v Huskinson
3. Corcoran v Whent
4. Wain
4. What is not a public body?
1. Funded by public
2. Performing a public Service
3. Private Charity
4. University of London
5. In the mid 19 century what was thestance of the House of Lords withregard to precedent of their own
cases?
8. Which is not an example for bilateral mistake:
1. Mistake as to identity
2. Absence of genuine agreement
3. Mistake as to existence of subject matter
4. Mistake about the purpose of the acceptance
9. In relation to misrepresentation, which one ofthe following statements is true?
1. Statements of opinion can never amount to a misrepresentation.
2. Silence cannot amount to a misrepresentation
3. A statement with regard to the future is generally not amisrepresentation.
4. All are false