1.Who are the judges?
a)Lord Bingahm and Lord Steyn
b)Schiemann, Hale and Sedley
c)Anufrijeva, Drabble and Howell
d)Lord Bingham, Lord Steyn, Lord Hoffmann, Lord Millett and Lord Scott
2.Where do the judgements start?
a)Lord Bingham paragraph one, Lord Steyn paragraph 21, Lord Hoffmann para 39, Lord Millett para 42 and Lord Scott paragraph 48
b)Lord Bingham paragraph 1, Lord Steyn paragraph 21, Lord Hoffmann para 37, Lord Millett para 38 and Lord Scott paragraph 45
c)Lord Bingham paragraph 10, Lord Steyn paragraph 21, Lord Hoffmann para 37, Lord Millett para 38 and Lord Scott paragraph 45
d)Lord Bingham paragraph 1, Lord Steyn paragraph 31, Lord Hoffmann para 37, Lord Millett para 38 and Lord Scott paragraph 48
3.Skim the last paragraph of each judgement. Do all the judges agree?
a)Lord Steyn, Lord Millett and Lord Scott agree;
Lords Hoffmann and Bingham disagree
b)Hoffmann, Millett and Scott agree with Lord Steyn; Lord Bingham is dissenting
c)Lord Steyn and Lord Bigham agree; the rest disagree
4.Which court is the case held in?
a)The Privy Council
b)The House of Commons
c)The Court of Appeal
d)The House of Lords (which has now been replaced by the Supreme Court
5.Do the judges in the House of Lords agree with the Court of Appeal?
b)The case was not heard in the Court of Appeal
c)they partly agree and partly disagree
d)No, they reversed the decision
6.Who are the parties? – this is slightly different nomenclature from an ordinary appeal case, because it is a judicial review case
a)Anufrijeva is the claimant. The crown is considering on Anufrijeva’s behalf whether the Lithuania decided her application for benefits in an appropriate way
b)Anufrijeva is the claimant.The crown is considering on Anufrijeva’s behalf whether the Homes Office decided her application for benefits in an appropriate way
c)The Home office is the claimant. The crown is considering on the Home Office’s behalf whether Anufrijeva behaved in an appropriate way
d)Anufrijeva is the claimant. The crown is considering on Anufrijeva’s behalf whether Lithuania tortured her
The facts are best taken from Lord Bingham’s judgement up to paragraph 6
7.Where did Anufrijeva come from?
a)Syria. b)Lithuania. c)France. d)Russia
8.Which benefit did she claim?
a)Anufrijeva applied for refugee status (asylum) on 31st August 1998Anufirjeva claimed income support from 4th September 1998 to 9th December 1999Anufrijeva’s asylum claim was recorded as refused on 20th November 1999. Anufrijeva knew she had been refused as so wasn’t eligible for benefits on 20th November 1999
b)Anufrijeva applied for refugee status (asylum) on 31st August 1998Anufrijeva claimed income support from 4th September 1998 to 9th December 1999Anufrijeva’s asylum claim was recorded as refused on 20th November 1999 Anufrijeva knew she had been refused as so wasn’t eligible for benefits on 20th November 1999
c)Anufrijeva applied for refugee status (asylum) on 31st August 1999 Anufirjeva claimed income support from 4th September 1998 to 20th December 2000 Anufrijeva’s asylum claim was recorded as refused on 20th November 1999 Anufrijeva knew she had been refused as so wasn’t eligible for benefits on 9th December 1999
d)Anufrijeva applied for refugee status (asylum) on 31st August 1998.Anufirjeva claimed income support from 4th September 1998 to 9th December 1999Anufrijeva’s asylum claim was recorded as refused on 20th November 1999. Anufrijeva knew she had been refused as so wasn’t eligible for benefits on 9th December 1999
10.Where did they record the fact that they had decided she had not qualified for refugee status?
a)In the solicitor’s office
b)On a file in the Home Office
c)In court. d)They did not record it.
11.Could Anufrijeva know that her asylum claim had been refused when she claimed benefits between 20th November 1999 and 9th December 1999?
b)She could have read the record
c)No, because the information was only on a file in the Home Office
d)She could have asked her solicitor
12.Why could Anufrijeva not get to the second interview and give her side of the story?
a)As she had no benefits and could not work, she could not have the train fare to get to the interview
b)She did not have to go to an interview
c)She did not understand the letter telling her to go to the interview
d)She did not know about the interview
13.What does the reg. 21(3) of the Social Security Contributions and Benefits Act 1992 say is the normal position on people from abroad and claiming benefits?
a)People from abroad are always entitled to 50% of benefits
b)People from abroad are zero rated
c)People from abroad are entitled to benefits
d)People from abroad are entitled to 9% of benefits
14.Which group in Pt VI of the 1987 regulations say is entitled to 90% of income support?
a)Students. b)Asylum seekers
c)People who are starving. d)Foreigners
15.What does para (3A) of reg 70 say an asylum seeker is?
a)A person who has applied for asylum and is still in the country
b)A person who applied for refugee status when he or she arrived at a UK port.
c)A person who has been recorded by the home office as having applied for asylum and has not yet been recorded as not having their application for refugee status determined
d)A person who wants refugee status
16.On the basis of the law described, does it appear that Anufrijeva is entitled to income support after 20th November 1999?
a)No, because she has been recorded as having her case determined
b)Yes, if she applies.
c)Yes if she has very little income
d)Yes, because she does not know she has been refused
17.The Court of Appeal was clearly unhappy about this decision but felt that it was not senior enough to make an alternative decision. Why did ex parte Salem not go the House of Lords?
a)The Court of Appeal is above the House of Lords
b)Salem was granted refugee status
c)Salem accepted the decision of the Court of Appeal
d)The Court of Appeal refused Salem leave to apply to the House of Lords
18.In paragraph 26, Lord Steyn says that “Notice of a decision is required before it can have the character of a determination with legal effect because the individual concerned must be in a position to challenge the decision in the courts if he or she wishes to do so” is
a)Part of the decision
b)a fundamental principle of UK law
c)The rule of law
d)Part of the constitution
a)A decision that is not clear cannot be legally binding
b)If you haven’t noticed a decision has been made about you, you aren’t bound by it
c)Only people with good character can make decisions
d)A person must know what a decision is before they can be legally required to follow the decision
20.paragraph 27, Lord Steyn says, ‘Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights. The constraints upon its exercise by Parliament are ultimately political, not legal.
a)political, not legal. b)set in stone
c)for the courts. d)for parliament
a)It is illegal to make a law that interferes with human rights.
b)it is possible for parliament to make laws that breach human rights.If you want to stop a law that breaches human rights, you need to put political pressure on MPs to change it, not take the law to court
c)It is possible for parliament to make laws that breach human right, but it is possible to pressurise the courts not to enforce them.
d)It is possible for parliament to make laws that breach human rights, but the courts will not enforce them.
22..Lord Steyn then says, “But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden
a)By Parliament. b)By an Act of Parliament
c)By the courts. d)By General or ambiguous words
a)Parliament cannot make laws that take away people’s rights
b)Parliament must quarrel before it can make laws that take away human rights
c)Parliament must print the Act on a square piece of paper.
d)Parliament must make it crystal clear that an Act is intended to breach human rights if they want the court to enforce it.
24.In paragraph 28, Lord Steyn says, “This view is reinforced by the constitutional principle requiring the rule of law to be observed”
a)The constitution contains the principle that people’s rights should not be taken away
b)The constitution makes it impossible to take away people’s rights
c)The rule of law says you cannot take away people’s rights
d)The idea that parliament cannot easily make a law that takes away peoples’ rights is part of the rule of law
25.In Paragraph 30, Lord Steyn says, “Elementary fairness therefore supports a principle that a decision takes effect
a)Only if it is signed by the queen.
b)Only if it is written down
c)Only upon communication
d)Only when it is made
a)It is not fair to make decisions that affect people
b)Decisions should be very simple
c)It is not fair to support people
d)It is not fair to make a person obey a decision that they haven’t yet heard
27.fill in the blanks
It is a breach of the_________for a decision to apply to a person who________be aware that the decision has been made about them. It is possible for an________to take away this right and allow decision to be_______against people who cannot be aware of them, but the Act would have to be very , very_________so that the MPs who vote for the Act understand that they are_______a part of the rule of law and the newspapers can let people know that MPs have done this.
a)Act of Parliament. b)voting
c)rule of law d)enforced e)cannot
28.A public body (e.g. a local council or a social worker) exercises discretion when
a)they decide how to do something using a power given to them by an Act of Parliament.
b)they do exactly what they wish
c)they keep secret
d)they follow rules exactly
29.Where Parliament (which is elected) has given the power to a particular body (e.g. the local council or a social worker) the courts should not generally interfere with the way the particular body makes its decision because
a)The courts are more knowledgeable
b)The courts are more likely to make mistakes than Parliament
c)The courts are chosen because they are biased
d)the courts are not elected.
30.Associated Picture Houses v Wednesbury Corporation has “mixed judicial consideration” this means
a)that not all the courts after the case have agreed with the judgment
b)That several judges were involved in the decision
c)That the judgement is very confusing
d)That everyone thinks the case is rightly decided
31.Which court is Associated Picture Houses v Wednesbury Corporation heard in?
a)The House of Lords. b)The Court of Appeal
c)The Privy Council. d)The supreme Court
32.Who are the judges and do they all agree?
a)Lord Greene M.R., Somervell L.J. and Singleton J. Yes, they all agree.
b)Lord Greene M.R. , Somervell L.J. and Singleton J. No: Somervell and Singleton do not agree with Lord Greene
c)Lord Greene M.R. , Somervell L.J. and Singleton J. No: two of them agree but the third does not.
d)Lord Greene only
33.Who was judge at first instance?
a)Gallop and Lamb. b)Norman, Hart Mitchell
c)Wednesbury. d)Henn Collins J.
34.What have Wednesbury Corporation done that Associated Picture Houses disagree with?
a)The corporation banned Associated Picture Houses from running cinemas
b)The corporation required Associated Pictures to charge too much for tickets
c)The Corporation has set a condition on cinema attendance which means that children under 15 cannot attend the cinema on Sundays.
d)The Corporation refused to allow them to open the cinema
35.The combined effect of the Sunday Entertainments Act 1932 and the Cinematograph Act 1909 is that local authorities can allow cinemas to be open on Sunday
a)Subject to such conditions as the authority think fit to impose. b)At Christmas
36.This statement of the law in question one appears to mean that the local authority can
a)open the cinemas once a month on Sundays
b)never open cinemas on Sundays
c)do whatever it likes about opening cinemas on Sundays
d)open the cinemas on Sundays when the government tells them to
a)Can the cinema be opened on Sunday?
b)does the rule of law mean that even when the law says the local authority can do anything about opening the cinema, there are actually some restrictions?
c)Are cinemas bad for children?
d)Does the rule of law mean the cinema has to be open all the time?
38.Does the judge decide that Wednesury Corporation are wrong to stop children going to the cinema on Sundays?
39.What is a Wednesbury unreasonable decision
a)An unpopular decision
b)One that is so unreasonable that no reasonable authority could come to it
c)One that the court does not like
d)A decision that Parliament does not agree with
40.This says that sometimes the rule of law imposes conditions on how a public body can make a decision
a)to comply with international law
c)because the majority want something different from what the Act says
d)becasue lawyers know better than parliament
e)even when an Act of parliament appears to say that the public body can do whatever it likes
41.Associaetd Picture Houses and Wednesbury Corporation means that, if a public body was chosen by Parliament to make the decision so the court should not stop the public body from doing what it wants
a)unless it is Sunday
b)unless the court thinks something different would be better
c)unless it is Tuesday
d)unless what the public body wants to do is absolutely crazy
42Read over the events of Andersons’s case and arrange these in order:
43.Is it illegal for soldiers to be racist to each other in the army
a)No, the army has its own internal rules for dealing with racism
b)No, the Army is exempt from the Race Relations Act 1976
c)Yes , the army is covered by the Race Relations Act 1976
d)N,o racism is not a problem in the army
44.What is vicarious liability for racism
a)It is particularly vicious racism
b)It is where an employer is liable because some of her employees are racist
c)It is where an employer is racist to her employees
d)It is when the racist wins
45.How would a claim of racism be dealt with by someone who isn’t a soldier?
a)The complainant can complain to her employer
b)There is nothing people who are not soldiers can do about racism at work
c)The complainant would just have to put up with it
d)The complainant could go to an industrial tribunal
46.What does the Army Act 1955 say they army officers should do about allegations of racism?
a)it says they should ignore it
b(It says they can to take any steps for redressing the matter complained of which appear to him or them to be necessary
c)It provides detailed rules for investigating allegations of racism
d)It says the solider should go to an industrial tribunal
47.fill in the blanks
From Anderson we get: That the rule of law means that when a decision is made about someone, certain things will be______by the courts to maintain fairness. What is required for a_______i is not set in stone it will vary depending on the circumstances.
The things that might be required for a fair hearing include the right to hear the case against to you ( to have it_______to you) the right to present your case, that all the people who are supposed to make the decision about you should_____and possibly the right to cross-examine witnesses
These aspects of a fair hearing are what Lord Bingham called “certain_______”However, the rule of law is subject to statute, so parliament could______the right to a fair hearing with a crystal clear statute, should it chose to do so.
a)procedural rights. b) imposed c)meet d)take away e)disclosed f) fair hearing
48.What is the writ of habeas corpus?
a)A legal method of asking the court to require someone to be released if that person is being held for no legal reason.
b)A legal method of enslaving someone
c)A court order
d)A legal method of locking someone up
49.What does Habeas corpus mean literally?
a)The body of law. b)Have the blood
c)You may have the body. d)You are dead
50.Who is the judge?
a)Lord Lofft. b)Lord Davey
c)Lord Mansfield. d)Garfield
51.Which court is the case held in? (this case was heard before the current court hierarchy was established)
a)The country court. b)Court of King’s Bench
c)the Court of Appeal. d)The House of Lords
52.At which page does Lord Mansfield’s judgement start?
a)520. b)1772. c)510. d)499
53.What has Stewart done to Somerset?
a)Captured him in Jamaica
b)Found him in the sea
c)Bought him as a slave in Africa
d)Captured him in Virginia
54.What did Stewart intend to do with Somerset?
b)Sell him as a slave in Jamaica
c)Return him to Africa. d)Set him free
55.What is the name of the ship where Somerset is imprisoned?
a)The Knowles. b)The Mary Jane
c)Liverpool. d)The Ann and Mary
56.The Lord Chief justice has expressed the opinion that
a)If a slave comes to the UK he will not be automatically freed
b)If a slave comes the UK he will automatically be freed
c)If a slave is in the British Empire he will automatically be freed
d)If a slave becomes a Christian, he will automatically be freed.
a)A manor can still hold slaves
b)A person might still become a villain in gross (that is a person who is a slave not attached to land)
c)A lord could still buy land with slaves attached
d)Bad people are automatically slaves
58.What is a positive law?
a)A law that is formally passed and clearly written down
b)A law that is tells you to do something rather than not to do something
c)A good law
d)A law that makes you feel good
59.Does Somerset decide that slavery is compatible with the rule of law?
60.Does Lord Mansfield decide that it would be impossible for slavery to be legal in the UK
a)It would be impossible for slavery to be legal in the UK because it is odious
b)It would be possible for slavery to be legal in the UK but it would have to be authorised by the UN
c)It would be possible for slavery to be legal in the UK but it would require a very clear Act of Parliament to make it so
d)It would be impossible for slavery to be legal in the UK because it is against the rule of law
61.Why is this case important to the idea of equality before the law?
a)because Lord Mansfield allows the application for habeas corpus
b)because Lord Mansfield decides that Somerset should remain a slave
c)because Lord Mansfield is against slavery
d)because Lord Mansfield refused to even acknowledge skin colour as an issue
63.What are the executive, the legislature and the judiciary?
a)the legislature is the organisation that uses the power given by the law to do things (like arrest someone), The executive is the organisation that makes laws. The Judiciary is the organisation that decides whether the law is being followed properly.
b)the judiciary is the organisation that uses the power given by the law to do things (like arrest someone), The legislature is the organisation that makes laws. The executive is the organisation that decides whether the law is being followed properly.
c)the executive is the organisation that uses the power given by the law to do things (like arrest someone), The legislature is the organisation that makes laws. The Judiciary is the organisation that decides whether the law is being followed properly.
d)the executive is the organisation that uses the power given by the law to do things (like arrest someone), The legislature is the organisation interprets laws. The Judiciary is the organisation that makes the law.
64.How does the legislature have supremacy over the executive?
a)The legislature tells the legislature what to do all the time.
b)The legislature sets laws that say what the executive can do, e.g. the legislature controls the ability of the executive to obtain money by raising taxes
c)The executive can punish the legislature but the legislature cannot punish the executive
d)The executive tells the legislature what to do.
65.How does the legislature have supremacy over the judiciary?
a)The legislature can punish the judiciary but the judiciary cannot punish the executive
b)the legislature controls every decision the judiciary makes
c)The legislature makes laws that the courts have to enforce; the courts cannot just enforce any laws they fancy
d)The judiciary tells the executive what to do
66.fill in the blanks
The idea that there is a difference between the crown as state and the crown as executive is quite difficult to get hold of. One way of thinking about it is to use examples. When a_____arrests someone, he draws power from the crown as state. The police officer could still handle the arrest badly and mess up the_______The way he messes it up is the________getting it wrong. The “pure” authority of the_______still exists behind him. If a minister uses a crown power to deport someone, she draws on the power of the________, but may still exercise that power badly as part of the executive
a)crown as state b)crown c)police officer d)crown as executive e)arrest
a)everyone, even minsters of the crown, are subject to thelaw
b)teh Home Secretary cannot deport people
c)the crown cannot be punished
d)the court is superior to the legislature
68.This means that the moral principle that everyone should be equal before the law equal before the law has been
a)made superior to statutory law
b)recognised in English case law
c)put into a text book
d)provedot be untrue
69.What is the rule of law?
a)A rule about how the law should work
b)A measuring device
c)A doctrine of political morality that the courts will impose unless a statute tells them not to
70.The four things that Locke thought were necessary to the rule of law are:
a)That there are clear rules, that the laws apply equally to everyone, that a person is free to do anything that is not actually forbidden by law and that power should eb exercised by the king.
b)That there are clear rules, that the laws apply equally to everyone, that a person is free to do anything that is not actually forbidden by law and that power should not be exercised arbitrarily.
c)That there are clear rules that protect people’s human rights.
d)That there are clear rules that say what the king can do and ordinary people and do that cover every situation.
71.In a country where the rule of law holds, it would be normal for
a)Police officers to have complete control over people
b)People to bribe the police
c)People do not have to do what police officers tell them to do.
d)Police and members of the public to obey the law
62.The rule of law may be a social understanding of what was right but
a)It is also what parliament says.
b)it is likely only to be enforceable if there is case law demonstrating that it has been accepted as part of the common law
c)It is also the law
d)It is not important
63.Raz’s formal conception of the rule of law has the advantage that it provides clear guidelines for how courts should operate,
a)but it does mean that the courts can be used to enforce wicked things
b)But it does mean that the courts will always do what is right.
c)But it does mean that the courts don’t have to enforce things the judges consider wrong
d)But it means the law is not predictable.
a)An important Member of Parliament who made the law that the rule of law should be followed
b)An important judge. In the absence of a codified constitution, Dicey’s views are relevant to what can be done using the UK constitution but something is not law just because Dicey says that it is.
c)An important legal academic. In the absence of a codified constitution, Dicey’s views are relevant to what can be done using the UK constitution but something is not law just because Dicey says that it is.
d)A card player
a)An important Member of Parliament who made the law that the rule of law should be followed
b)A bell ringer.
c)a very important senior academic, who said what he thought the rule of law meant. His views are relevant, but they are only definitely true when what he says is decided as the ratio of a case.
d)a very important senior judge, who said what he thought the rule of law meant. His views are relevant, but they are only definitely true when what he says is decided as the ratio of a case.
66.Arbitrary authority is
a)Power that is authorised by the UN
Authority that is exercised at the pleasure of the B)person in power, without the person in power needing to follow rules.
c)Power that is controlled by the EU
d)Power that is exercised in accordance with the rule of law
a)The legal power to keep things secret
b)Where an official (such as a social worker) has some choice about how to exercise power but the choice is exercised within a set of rules.
c)Where an official (such as a social worker) follows a computer programme to know what to do.
d)Where an official can do whatever she wants
68.“Must be provided for resolving, without prohibitive cost or delay, means to resolve civil disputes which the parties themselves are unable to resolve” implies that
a)It must be possible to use reasonable self-defence
b)The most powerful should always win
c)It must be possible for the person who is right in a civil dispute to win.
d)It must be possible to take an issue to court where to parties cannot agree between themselves and that taking it to court must not be too expensive.
69.A treaty is
a)An agreement between countries about how they will behave.
b)An agreement between countries to defend themselves.
c)A little treat.
d)An agreement between countries to defend themselves.
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