Slorach et al: Legal Systems and Skills 3e Chapter 3: Self-test questions Instructions Answer the following questions and then press 'Submit' to get your score. Question 1 In England & Wales, what is NOT a function of courts? a) Oversight of actions of public bodies b) Trying disputes between individuals c) Generating law d) Declaring legislation to be invalid Question 2 Which of the following courts does NOT deal with both criminal and civil cases? a) Magistrates' courts b) The Crown Court c) The Court of Appeal d) The Supreme Court of the UK Question 3 You have been asked to research a case. Its name is R v. Secretary of State for the Home Department, ex parte Daly. What sort of case is it? a) Judicial review b) Criminal litigation c) Civil litigation, suing the Home Secretary d) Probate (concerning the administration of Daly's estate) Question 4 John is accused of murder, which carries a mandatory life sentence. In which court will he be tried? a) A magistrates' court b) The Crown Court c) The Court of Appeal (Criminal Division) d) The Supreme Court of the UK Question 5 Mildred is convicted of petty theft in a magistrates' court. As her solicitor, you are convinced that the magistrates have misapplied the law to her situation, although you are satisfied that they have arrived at the correct version of events. You wish to advise her to appeal the sentence. At which court would this appeal be heard? a) The Crown Court b) The Court of Appeal (Criminal Division) c) The Supreme Court of the UK d) The High Court (Queen's Bench Division) Question 6 Hilda wishes to bring an action against Graham in tort. Her solicitor advises that she is likely to be awarded damages in the region of £4,000. In which court should she commence proceedings? a) The High Court of Justice (Queen's Bench Division) b) The High Court of Justice (Chancery Division) c) The circuit court d) The County Court Question 7 Marsha has made a negligence claim for £500,000 against BigCorp plc for negligently causing her stress at work. The court concerned decided in favour of BigCorp plc. Because the area of law is still developing she wishes to appeal the decision. It is a very complex issue of general public importance. Which option most accurately represents her possible next steps? a) Marsha can appeal the decision of the county court concerned to the High Court (Queen's Bench Division). b) Marsha can appeal the decision of the High Court to the Court of Appeal (Civil Division) only. c) Marsha can appeal the decision of the High Court to the Court of Appeal (Civil Division), or the UK Supreme Court, provided certain conditions are satisfied. d) Marsha can appeal the decision of the High Court to the UK Supreme Court only. Question 8 Nigel witnessed the arrest of Martin five years ago. During the chaos of the arrest, he was arrested and treated roughly by the Police. Since then he has suffered trauma as a result. He has pursued a negligence claim against the Police, and, thanks to the backing of a major charity, the claim has been appealed all the way to the UK Supreme Court. Unfortunately the UK Supreme Court refused his appeal, saying that the Police owed him no duty in negligence. Which option most accurately represents his possible next steps? a) He can appeal to the European Court of Justice. b) He can appeal to the European Court of Human Rights. c) He can make a claim for compensation from the state at the European Court of Justice. d) He can make a claim for compensation from the state at the European Court of Human Rights. Question 9 Assume for the purposes of this question that the UK remains a part of the EU.GiantCorp plc has tendered for the maintenance contract for UK motorways with the Highways Agency (run by the Department for Transport). It did not get chosen. It has sought judicial review of the decision, and the case has reached the UK Supreme Court (UKSC). Previous case law under the European Directive concerned indicates that GiantCorp plc is unlikely to succeed in its appeal. Which option most accurately represents the most appropriate next step for GiantCorp plc? a) GiantCorp plc may appeal to the European Court of Justice (ECJ) if The UKSC finds against it. b) GiantCorp plc should expect to fail in its appeal- it is unlikely to succeed as the law is settled. c) GiantCorp plc's lawyers can argue that the UKSC should make a reference to the ECJ under Article 267 TFEU, to determine the interpretation of the relevant Directive. d) GiantCorp's should make a claim directly to the ECJ General Court, as it will soon have exhausted domestic avenues.