Leb practise 2

Legal Aspects of Business – Practice questions

Civil law is concerned with

• the State and its interactions with individuals

• protecting and upholding public safety

• imposing heavy fines and acting as a deterrent

• the rights and duties of individuals and commercial enterprises, and provides a forum for disputes to be settled

Case law is

• Law made by judges

• Law made by the goverment

• Low made by parliment

• known as statue law

Criminal law cases are decided

• On the balance of probabilities

•     Beyond reasonable doubt

• Depending on the judge’s own view and experience

• By the Crown prosecution service

The main organs of the State are

• A.     The judiciary the Monarch and the Executive

• B.     The legislature and the Judiciary

  e

• C.     The legislature, the judiciary and the Parliament

• D.    The legislature, the judiciary and the executive

Parliamentary supremacy – True or False:

• It makes Parliament the supreme legal authority in the UK which can create or end any law

• It allows the Judiciary to overrule Acts of Parliament if they are incompatible with the Human Rights Act 1998 -TRUE

The potentially binding part of a court's decision is

• A.     The ratio decidendi

• B.      The obiter dictum

• C.     The judgment

• The headnote

A statement of law expressed by a judge that does not form the basis of his decision is known as

• A.     The ration decidendi

• B.     The obiter dictum

• C.     The judgement

• D.    The headnote

In relation to the system of judicial precedent, which of the following courts is most authoritative?

• A.     Court of Appeal (Civil Division)

• B.     Queen's Bench Divisional Court

• C.     Judicial Committee of the Privy Council

• D.    Supreme Court

In relation to statutory interpretation, which judicial approach involves taking the plain and ordinary meaning of the words?

• A.     The literal rule

• B.     The golden rule

• C.     The mischief rule

• D.    The purposive approach

The key elements to create a legally binding contract are:

• Acceptance and consideration

• Offer, acceptance, consideration, intention to create legal relations and capacity

• Intention to be legally bound by the agreement and consideration

• Offer, Acceptance, intention to create legal relations