Katharine Dyson

12 January 2015
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
Page 1 of 16
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Page 2 of 16
12 January 2015
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.
Page 3 of 16
Question 1
What is the principal legislature in England and Wales?
A
The Executive
B
Parliament
C
The House of Lords
D
The House of Commons
Question 2
Which of the following statements about Criminal law are correct?
(i)
(ii)
(iii)
(iv)
The standard of proof is on the balance of probabilities
Infringements are viewed as wrongs against society
The defendant is presumed to be innocent
The state imposes punishment
A
(ii), (iii), (iv)
B
(i) and (iii)
C
(i), (iii), (iv)
D
(ii) and (iii)
Question 3
Which one of the following statements about Equity is NOT correct?
A
It is discretionary
B
It follows the law
C
It has five main remedies
D
It is based on fairness
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Question 4
Section 7 of the Human Rights Act 1998 provides that:
A
If legislation does not comply with the European Convention on
Human Rights (ECHR) it allows a declaration of incompatibility to
be made
B
Someone who is the victim of a breach by a public body of a
right under the ECHR can bring legal proceedings against that
body
C
Only public authorities are bound to give effect to ECHR Rights
D
English courts must take account of the decisions of the
European Court of Human Rights
Question 5
The Criminal Cases Review Commission was established by which Act?
A
Constitutional Reform Act 2005
B
Human Rights Act 1998
C
Criminal Appeal Act 1995
D
Criminal Justice Act 2003
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Question 6
Which of the following are controls over delegated legislation?
(i)
(ii)
(iii)
(iv)
Substantive and procedural ultra vires
Preventing publication
Compliance with the European Convention on Human Rights
Laying before Parliament
A
(i) and (ii)
B
(i) and (iii)
C
(i), (iii), (iv)
D
(ii), (iii), (iv)
Question 7
Which of the following statements best describe Parliamentary Bills?
(i)
(ii)
(iii)
(iv)
There are two main ways of classifying a Bill
The majority of Bills are Private Bills
They can start in the House of Commons or the House of Lords
Different types of Bills have to follow different processes
A
(i) and (ii)
B
(i), (iii), (iv)
C
(ii), (iii), (iv)
D
(ii) and (iii)
Question 8
Judicial Precedent dictates that:
A
The Court of Appeal can bind the Supreme Court
B
The County Court can bind the High Court
C
The Supreme Court is bound by its decisions
D
The Supreme Court binds all lower courts
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Question 9
Which one of the following is NOT a way in which a court may avoid
following precedent?
A
Distinguishing
B
Reversing
C
Overruling
D
The Golden Rule
Question 10
Which of the following best describe the features of the European
Council?
(i)
(ii)
(iii)
(iv)
It
It
It
It
does not have any legislative functions
defines the general political direction of the European Union
is known as the ‘Guardian of the Treaties’
is regarded as the civil service of the European Union
A
(i), (iii), (iv)
B
(i) and (ii)
C
(iii) and (iv)
D
(ii) and (iii)
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Page 7 of 16
Question 11
Which of the following best describe Regulations of the European Union?
(i)
(ii)
(iii)
(iv)
They
They
They
They
are
are
are
are
A
(i), (ii), (iii)
B
(ii) and (iii)
C
(i), (iii), (iv)
D
(iii) and (iv)
constitutional documents
a secondary source of law
directly applicable
a primary source of law
Question 12
Which one of the following statements about Magistrates’ Courts is
incorrect?
A
They mainly deal with criminal matters
B
The maximum sentence they can impose is six months for one
offence
C
They try indictable offences
D
They can commit a case to the Crown Court for sentencing
Question 13
An appeal in a contract case from County Court will be made to the:
A
Court of Appeal – Civil Division
B
Divisional Court of the Chancery Division
C
Divisional Court of the Queen’s Bench Division
D
Supreme Court
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Page 8 of 16
Question 14
Which of the following correctly lists the seniority of Judges (starting
with the most senior) in England?
(i)
(ii)
(iii)
(iv)
Justices of the Supreme Court
High Court Judge
Lord Justice of Appeal
Circuit Judge
A
(ii), (i), (iv), (iii)
B
(ii), (i), (iii), (iv)
C
(i), (ii), (iii), (iv)
D
(i), (iii), (ii), (iv)
Question 15
How many stages are there in the creation of an Act of Parliament?
A
5
B
6
C
10
D
11
Question 16
Which one of the following regulates barristers, solicitors and chartered
legal executives?
A
Constitutional Reform Act 2005
B
Legal Services Act 2007
C
Criminal Procedure Rules 2010
D
Criminal Justice Act 2003
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Page 9 of 16
Question 17
Parveen is serving on a jury. Her friends have asked her about the case.
Which one of the following prevents her from discussing it?
A
s1 Legal Services Act 2007
B
s8 Contempt of Court Act 1981
C
s1 Juries Act 1974
D
s44 Criminal Justice Act 2003
Question 18
Which one of the following statements about mediation is incorrect?
A
The parties are normally kept separate
B
The parties can remain on friendly terms
C
A resolution is guaranteed
D
It is relatively quick and cheap
Question 19
Which one of the following is a Chamber in both the First-tier and Upper
Tribunals?
A
Immigration and Asylum
B
Social Entitlement
C
Lands
D
General Regulatory
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Page 10 of 16
Question 20
With regard to the Separation of Powers, which of the following
statements correctly describe the role of the Legislature:
(i)
It can create laws which limit the law making power of all
future Parliaments
(ii) Its power is limited by the UK’s membership of the EU
(iii) It must uphold the decisions of the Executive
(iv) 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 21
Which one of the following statements about delegated legislation is
correct?
A
Only local authorities can make By-Laws
B
A local council can make Orders in Council
C
A government minister cannot make Regulations
D
The Monarch can make Orders in Council
Question 22
Which one of the following is NOT a main right protected by Schedule 1
of the Human Rights Act 1998?
A
Freedom of Assembly
B
Right to Accommodation
C
Right to a fair trial
D
Freedom of Expression
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Page 11 of 16
Question 23
Which one of the following statements about a Private Member’s Bill is
correct?
A
Any member of the public may introduce it into Parliament
B
It has to have the support of the Government
C
The Bill always becomes an Act of Parliament
D
The chances of the Bill becoming law are very low
Question 24
Which one of the following is an advantage of magistrates?
A
They normally have no knowledge of the law
B
They are perceived as being courteous to defendants
C
There is no uniformity in sentences imposed
D
They are generally older people
Question 25
Which one of the following regulates the Civil Courts?
A
Civil Justice Act 2003
B
Civil Procedure Rules 1998
C
Constitutional Reform Act 2005
D
Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Question 26
When working at a Zoo, Joey had his hand bitten off by a lion. Joey has
been told his claim for damages is worth £25,000. Which track will his
case be assigned to?
A
Fast Track
B
Personal Injury Track
C
Multi Track
D
Small Claims Track
Question 27
How many CILEx membership grades are there?
A
3
B
4
C
5
D
6
Question 28
Which one of the following is NOT a key objective of the Solicitors’
Regulation Authority?
A
To operate processes to monitor compliance with standards
B
To set the entry standards for the legal profession
C
To represent solicitors in complaints from the public
D
To monitor compliance with standards
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Question 29
Which one of the following is NOT an equitable maxim?
A
Equity looks to form rather than intent
B
Delay defeats equity
C
Equity will not assist a volunteer
D
He who seeks equity must do equity
Question 30
Which one of the following is a mandatory Level 3 CILEx Unit?
A
Client Care Skills
B
Employment Law
C
Conveyancing
D
Family Law
End of Examination Paper
© 2015 The Chartered Institute of Legal Executives
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