13 June 2016
Level 3
INTRODUCTION TO LAW AND PRACTICE
Subject Code L3-1
THE CHARTERED INSTITUTE
OF LEGAL EXECUTIVES
UNIT 1 – INTRODUCTION TO LAW
*
AND PRACTICE
UNIT 1 – INTRODUCTION TO LAW
*
AND PRACTICE
QUESTION PAPER AND ANSWER BOOKLET
Candidate
Number:
Membership
Number:
Question
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total
*
Candidate
Number:
Membership
Number:
MARKING GRID
CILEx use only
1st Marking
2nd Marking
Question
Number
MARKING GRID
CILEx use only
1st Marking
2nd Marking
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total
Do not turn over this page until instructed by the Invigilator.
This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL
SERVICES KNOWLEDGE QUALIFICATIONS
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13 June 2016
Level 3
INTRODUCTION TO LAW AND PRACTICE
Subject Code L3-1
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 1 – INTRODUCTION TO LAW AND PRACTICE
QUESTION PAPER AND ANSWER BOOKLET
Time allowed: 1 hour
Instructions to Candidates

Use blue or black ink or ballpoint pen.

Candidates must comply with the CILEx Examination Regulations.

You must answer ALL the questions on the examination paper.

All 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:
A
Red
B
Blue
C
Green
D
Yellow
X
Do not turn over this page until instructed by the Invigilator.
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Question 1
Which one of the following is not a division of the High Court?
A
Queen’s Bench Division
B
Chancery Division
C
Family Division
D
Civil Division
Question 2
In the creation of an Act of Parliament, at which stage does a
government minister explain to the House of Commons the purpose of
the proposed Act?
A
1st reading
B
2nd reading
C
Report stage
D
Committee stage
Question 3
The purpose of an allocation hearing in the Magistrates’ Court is to
decide whether the case will be heard:
A
in the Court of Appeal (Criminal Division)
B
by one or three magistrates
C
in the Magistrates’ Court or the Crown Court
D
with or without legal representation
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Question 4
The decision to bring a criminal prosecution is made by:
A
the police
B
the monarch
C
the Crown Prosecution Service
D
the Minister for Justice
Question 5
Section 8 of the Contempt of Court Act 1981 prevents a jury member
from:
A
being legally qualified
B
disclosing what happens in the course of the jury’s deliberations
C
disputing what the trial judge says in summing up
D
being paid for sitting as a juror
Question 6
Which two of the following institutions pass the laws of the European
Union?
(i)
(ii)
(iii)
(iv)
European Parliament
Court of Justice of the European Union
European Commission
Council of the European Union
A
i and iii
B
i and iv
C
iii and iv
D
ii and iv
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Question 7
Which one of the following is not a main advantage of arbitration?
A
The atmosphere is less adversarial than in court
B
There are very limited grounds of appeal
C
The system is quicker and cheaper than court
D
The arbitrator is an expert in the matter in dispute
Question 8
A circuit judge sits in which of the following?
A
Court of Appeal
B
High Court and Crown Court
C
County Court and Crown Court
D
Circuit Court
Question 9
Isobel has not paid the mortgage on her house and the bank wants to
repossess the house. Which court will hear the bank’s application to take
possession of the house?
A
County Court
B
Crown Court
C
Court of Appeal
D
High Court
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Question 10
Which one of the following is a disadvantage of a tribunal hearing?
A
Costs cannot be awarded in most circumstances
B
A final hearing may take place sooner than a court final hearing
C
Proceedings are more informal than litigation
D
The panel includes experts
Question 11
The doctrine of judicial precedent requires that lower courts should
normally follow precedents set by higher courts.
In a case being heard in the High Court where the facts are significantly
different to an existing judicial precedent, the High Court:
A
must still follow the previous case
B
should refer the case to a higher court for advice
C
can distinguish the case
D
can reverse the decision in the earlier case
Question 12
Which of the following best describes the duties of the Law Commission?
(i)
(ii)
(iii)
(iv)
It
It
It
It
removes anomalies in the law
recommends the repeal of obsolete laws
simplifies and modernises the law
scrutinises the appointment of judges
A
i and iii
B
ii and iv
C
i, iii and iv
D
i, ii and iii
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Question 13
Which of the following statements correctly describe Orders in Council?
(i)
(ii)
(iii)
(iv)
They
They
They
They
A
i and iv
B
i and iii
C
ii and iii
D
ii and iv
are a type of delegated legislation
set out procedures which must be followed in court
are passed by the monarch and Privy Council
are passed by the local authority
Question 14
Section 4 of the Human Rights Act 1998 provides that:
A
only public authorities are bound to give effect to decisions of
the European Court of Human Rights
B
the Act has both horizontal and vertical effect
C
everyone has a right to a fair trial
D
a declaration of incompatibility can be made if legislation does
not comply with the European Convention on Human Rights
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Question 15
With regard to the Separation of Powers, which of the following
statements correctly describe the role of the Legislature:
(i)
(ii)
(iii)
(iv)
It can create laws which limit the law making power of all
future Parliaments
Its power is limited by the UK’s membership of the EU
It must uphold the decisions of the Executive
It is independent of the Executive and Judiciary
A
i, ii, iii
B
i and iii
C
ii and iv
D
ii, iii, iv
Question 16
Who regulates the professional conduct of Chartered Legal Executives?
A
CILEx Regulation
B
The Law Society
C
The Bar Council
D
CILEx
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Question 17
Which of the following describes the role of the judiciary?
(i)
(ii)
(iii)
(iv)
To
To
To
To
overrule unjust legislation
make decisions in cases
apply the law
control the power of the executive
A
i and ii
B
iii and iv
C
i, ii and iii
D
ii, iii and iv
Question 18
Which one of the following is not a right contained in Schedule 1 of the
European Convention on Human Rights?
A
A right to respect for private and family life
B
A right to freedom of expression
C
A right to assisted suicide
D
A right to marry and start a family
Question 19
Which one of the following is not a control over delegated legislation?
A
Laying before Parliament
B
Statutory Review
C
Publication
D
Judicial Review
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Question 20
In Alternative Dispute Resolution (ADR), which of the following are
aspects of conciliation?
(i)
(ii)
(iii)
(iv)
There is an element of objectivity to the process
Parties can contribute to the content of the agreement
Conciliators can propose compromises or agreements
It can be legally binding
A
ii and iv
B
i and iii
C
i, iii and iv
D
All of the above
Question 21
Which of the following is not one of the Inns of Court?
A
Gray’s
B
Queen’s
C
Inner Temple
D
Middle Temple
Question 22
Jasmine has been charged with murder. Which court will hear her trial?
A
Magistrates' Court
B
High Court
C
Crown Court
D
Circuit Court
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Question 23
Which one of the following correctly describes what is meant by obiter
dicta?
A
It is the facts which the judge relies upon to reach a decision
B
It is the binding element of the judge’s decision
C
It confirms which courts’ decisions are binding
D
It is persuasive, but not binding, legal precedent
Question 24
Which of the following statements about magistrates are correct?
(i)
(ii)
(iii)
(iv)
Magistrates are normally full-time and unpaid
Qualified lawyers can act as magistrates
Magistrates receive no formal training
Magistrates are appointed by the Lord Chancellor
A
i and iii
B
i, ii, iii
C
i, iii, iv
D
ii and iv
Question 25
Which of the following are required by the Criminal Cases Review
Commission before it will review a case?
(i)
(ii)
(iii)
(iv)
New evidence
New legal argument
New Act of Parliament
Exceptional circumstances
A
i and ii
B
ii and iii
C
i ,iii and iv
D
i, ii and iv
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Question 26
Which one of the following is not a mandatory CILEx Level 3 Unit?
A
Land Law
B
Tort Law
C
Conveyancing
D
Client Care Skills
Question 27
The role of the justices’ clerk in the Magistrates’ Court is to:
A
provide legal advice
B
record a transcript of events
C
ensure that everyone involved in the court case is present
D
reach the decision in the matter
Question 28
Which of the following describes European Union Regulations?
(i)
(ii)
(iii)
(iv)
They
They
They
They
are
are
are
are
A
i and ii
B
i and iii
C
i, ii and iv
D
i, iii and iv
directly applicable in the UK
a primary source of law
a secondary source of law
constitutional documents
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Question 29
Which one of the following is an equitable maxim?
A
Equity looks to the form not the intent
B
Delay defeats equity
C
Equity acts in rem
D
Equity assists a volunteer
Question 30
Which one of the following is not relevant to the doctrine of precedent?
A
Distinguishing
B
Reversing
C
Overarching
D
Disapproving
End of Examination Paper
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