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 BLANK PAGE 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 Office Use Only Mark Subtotal: Page 4 of 16 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 Turn over Office Use Only Mark Subtotal: Page 5 of 16 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 Office Use Only Mark Subtotal: Page 6 of 16 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) Turn over Office Use Only Mark Subtotal: 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 Office Use Only Mark Subtotal: 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 Turn over Office Use Only Mark Subtotal: 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 Office Use Only Mark Subtotal: 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 Turn over Office Use Only Mark Subtotal: 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 Office Use Only Mark Subtotal: Page 12 of 16 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 Turn over Office Use Only Mark Subtotal: Page 13 of 16 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 Office Use Only Mark Subtotal: MARK TOTAL: Page 14 of 16 BLANK PAGE Page 15 of 16 BLANK PAGE Page 16 of 16
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