Faragher: Public Law Concentrate 5e Chapter 11: Multiple choice questions Instructions Answer the following questions and then press 'Submit' to get your score. Question 1 Which one of the following statements is false? a) The ultra vires question may be answered by interpreting the words of a statute to determine what exactly the public body can do. b) A public body might exceed its jurisdiction if it misinterprets its powers. c) The court may be prepared to imply words into statutes and make a discretionary power subject to implied principles, undertakings, and duties. d) The courts will never intervene where a statute confers a subjective discretionary power. Question 2 Which one of the following statements is true? a) A public body must take into account relevant matters and discard anything irrelevant. Where the relevant considerations are expressly stated in a statute any deviation will make a decision invalid b) If the statute does not specify the purposes for which discretion may be exercised, the court cannot intervene. c) If a statute specifies the purposes for which a discretionary power may be exercised the courts will allow a public body to act for a different purpose if this is in the public interest. d) A public body may exercise its powers for any purpose whatsoever provided that one of them is allowed by the empowering statute. Question 3 Which one of the following statements is false? a) A public body must take into account relevant matters and discard anything irrelevant. b) A decision must be made on sufficient and properly considered evidence. c) There are two general grounds on which the exercise of an unqualified discretion can be attacked. It must not be exercised in bad faith, and it must not be so unreasonably exercised as to show that there cannot have been any real or genuine exercise of the discretion. d) A public body may adopt a policy by which effectively shuts its ears to all applicants if it is in the public interest to do so. Question 4 Which one of the following statements is the key principle in Congreve v Home Office  QB 629 a) Statutory powers may not be used so as to defeat the policy and purpose of the Act. b) Statutory powers may not be used to penalize conduct c) Statutory powers may not be used to gain an unauthorized financial advantage. d) A public body must exercise a discretionary power for the purpose for which it is granted. If a statute states the purposes for which discretion is to be exercised, the courts will treat the stated purposes as exhaustive. If the power is exercised for any other purpose the public body's action or decision will be ultra vires Question 5 Which one of the following statements is the key principle in Coleen Properties v Minister of Housing and Local Government  1 WLR 433 a) The court must look at how the decision-maker strikes a balance with fundamental rights. b) Proportionality may go further than the traditional grounds of review c) The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question of whether the interference was really proportionate to the legitimate aim being pursued d) A public body must base its conclusions of fact on the evidence before it. A public body's decision can be challenged by judicial review on the ground that it has ignored relevant evidence, or has misinterpreted evidence or has unreasonably made a decision which is contrary to the weight of the evidence presented to it during the decision-making process.