篩選結(jié)果 共找出680題

Presumptions of statutory interpretation provide judges with rules to use when interpreting legislation.??

Which of the following statements in relation to the presumptions of statutory interpretation is correct??

A

?A statute may not deprive a person of their property?

B

?A statute does not have retrospective effect?

C

?A statute binds the Crown?

D

?A statute has effect outside the UK?

Which of the following is an extrinsic aid to statutory interpretation??

A

?Hansard?

B

?The long title of the Act?

C

?The preamble of the Act?

D

?Side notes to the statute?

Which TWO of the following statements in relation to the impact of the Human Rights Act 1998 on?legislation are correct??

(1) All new primary legislation must be compatible with the European Convention on Human Rights??

(2) The courts may strike out secondary legislation that is incompatible with the European?Convention on Human Rights??

(3) Courts must interpret legislation in such a way that is compatible with the European Convention?on Human Rights??

(4) Under the Human Rights Act 1998, courts are not required to take the decisions of the European?Court of Justice when making their decisions?

A

1 and 3?

B

1 and 4?

C

?2 and 3?

D

?2 and 4?

?Obiter dicta form part of the ratio decidendi.?

A

True

B

False

?In 2010, Mr Justice Jeffries, a High Court judge sitting alone, is deciding a case which has similar material?facts to one decided by the Court of Appeal in 1910. He can decline to be bound by this decision by?showing that?

A

The status of the previous court cannot bind him?

B

The decision was taken too long ago to be of any relevance

C

?The decision does not accord with the rules of a statute passed in 1975?

D

?The obiter dicta are obscure?

Overruling a decision of a lower court affects the outcome of that earlier decision.?

A

True?

B

False?

UK Courts must interpret legislation in a way that is compatible with the Convention on Human Rights.?

A

True?

B

False?

In the context of English law, which of the following is not an advantage of binding precedent?

A

General legal principles are established

B

The law is based on actual, rather than theoretical, cases

C

Mistakes by judges are eliminated

D

The law is flexible and can develop with changing circumstances

In the English legal system, one role of a judge is to interpret statute law.

Which rule of statutory interpretation considers what the legislation is trying to achieve?

A

Golden rule

B

Purposive approach

C

Literal rule

D

Contextual rule

In the context of case law, which of the following applies to an obiter dictum??

A

?It is binding on all future courts?

B

?It is binding on all lower courts?

C

?It is not binding on any courts?

D

?It is not binding outside the court it was issued in?