Candidate. Number: Membership Number:

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1 8 June 2015 Level 3 INTROUTION TO LW N PRTIE Subject ode L3 1 THE HRTERE INSTITUTE OF LEGL EXEUTIVES UNIT 1 INTROUTION TO LW UNIT 1 INTROUTION TO LW N PRTIE * N PRTIE * QUESTION PPER N NSWER OOKLET andidate Number: Membership Number: andidate Number: Membership Number: Question Number MRKING GRI ILEx use only 1 st Marking 2 nd Marking Question Number Total Total MRKING GRI ILEx use only 1 st Marking 2 nd Marking o not turn over this page until instructed by the Invigilator. * This unit is a component of the ILEx LEVEL 3 PROFESSIONL QULIFITIONS and LEVEL 3 LEGL SERVIES KNOWLEGE QULIFITIONS Page 1 of 16

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3 8 June 2015 Level 3 INTROUTION TO LW N PRTIE Subject ode L3 1 THE HRTERE INSTITUTE OF LEGL EXEUTIVES UNIT 1 INTROUTION TO LW N PRTIE QUESTION PPER N NSWER OOKLET Time allowed: 1 hour Instructions to andidates Use blue or black ink or ballpoint pen. andidates must comply with the ILEx Examination Regulations. You must answer LL the questions on the examination paper. ll the questions are multiple choice questions. Insert an X in the box corresponding to the answer you consider to be correct. Example The colour of grass is: Red lue Green X Yellow o not turn over this page until instructed by the Invigilator. Page 3 of 16

4 Question 1 In a civil case, the burden of proof is: On the claimant On the defendant On the balance of probabilities eyond all reasonable doubt Question 2 Which one of the following is an equitable maxim? Equity will assist a volunteer He who seeks equity must do equity Equity is not discretionary Equity is not defeated by delay Question 3 Which one of the following statements is not correct? The Monarch invites the leader of the party with the majority of seats in Parliament to form a government The Prime Minister s party always receives the majority of votes in a general election The Prime Minister appoints the members of the abinet Not all members of Parliament have to belong to a political party Page 4 of 16

5 Question 4 Which one of the following is not a division of the High ourt? ivil ivision Queen s ench ivision hancery ivision Family ivision Question 5 my is an MP who is researching how a Public ct of Parliament is created. She asks you which is the correct order of the following stages of the process: (i) First and Second Readings (ii) Report Stage (iii) ommittee Stage (iv) Third Reading (i) (ii) (iii) (iv) (i) (iv) (ii) (iii) (i) (iii) (ii) (iv) (i) (iv) (iii) (ii) Question 6 Which one of these is a correct description of the forms of delegated legislation? Orders in ouncil, ye-laws, ills ye-laws, Orders in ouncil, Statutory Instruments Ordinances, Statutory Instruments, ye-laws Statutory Instruments, ills, Ordinances Turn over Page 5 of 16

6 Question 7 Which one of the following is not an Institution of the European Union? The European ouncil The European Parliament The European ourt of Human Rights The ouncil of the European Union Question 8 Which one of the following is not a right protected by Sch 1 of the Human Rights ct 1998? Right to a fair trial Right to a private life Right to marry and start a family Right to die Question 9 Which one of the following describes the term obiter dicta? n incorrect decision by a court dissenting judgment The binding element of a decision The persuasive element of a decision Page 6 of 16

7 Question 10 Which of the following best describes the Legislature: (i) It is independent of the Executive and Judiciary (ii) It must abide by decisions made by the Executive (iii) Its powers are limited by the UK s membership of Europe (iv) It creates laws which can limit the power of future Parliaments (i) and (iii) (ii) and (iv) (iii) and (iv) (ii) and (iii) Question 11 Which one of the following is a disadvantage of arbitration? It is quicker and cheaper than court There are very limited grounds of appeal It is less adversarial than court The arbitrator is an expert Question 12 solicitor s training contract is undertaken for how long? 2 years 1 year 18 months 6 months Turn over Page 7 of 16

8 Question 13 You are a trainee lawyer working in a multi-national company. The European Union has passed a irective which affects your company and you have been asked whether the irective will apply to the UK. Which one of following statements is correct? s it is a primary source of EU law, all Member States are immediately bound by it It is directly applicable to all Member States and the UK is automatically bound by it EU Member States can decide whether to adopt it UK Parliament must introduce legislation to bring it into effect Question 14 Which of the following best describes the role of the Judiciary? (i) To apply the law (ii) To limit the power of Parliament (iii) To overrule unjust legislation (iv) To ensure Government Ministers act within their powers (iii) and (iv) (i) and (iv) (i), (ii), (iv) (i), (ii), (iii) Question 15 How many ILEx membership categories are there? Page 8 of 16

9 Question 16 Which is the highest rank of judge in the list below? Recorder High ourt Judge Lord Justice of ppeal ircuit Judge Question 17 Which one of the following can the riminal ases Review ommission do? Reduce sentences Review maximum sentences for serious crimes Investigate suspected miscarriages of justice ward compensation for miscarriages of justice Question 18 Which one of the following is not an Upper Tier Tribunal? Lands Tax and hancery Immigration and sylum Social Entitlement Turn over Page 9 of 16

10 Question 19 Which of the following statements about magistrates are correct? They must: (i) e under 65 years old (ii) Have a professional qualification (iii) Have sound judgement and social awareness (iv) e committed and reliable (i), (ii), (iii) (ii), (iii), (iv) (iii) and (iv) ll of the above Question 20 Jack, a game keeper at the zoo, had his arm bitten off by a tiger while feeding it. Jack is suing his employer for 40,000. Which track will his claim be assigned to? Small laims Multi-track Fast Track Personal Injury Track Question 21 Which one of the following describes s2 of the Human Rights ct 1998? Only public authorities, having public functions, have to comply with Sch 1 of the EHR UK ourts should interpret all legislation so as to make it compatible with Sch 1 of the EHR rights If courts cannot make an ct comply with Sch 1 of the EHR, a declaration of incompatibility must be made UK courts must take into account decisions of the EHR but they are not binding Page 10 of 16

11 Question 22 Which one of the following does not enable a precedent to be changed? isapproving istinguishing Reversing Overruling Question 23 Which of the following are characteristics of the criminal law? (i) (ii) The burden of proof is on the accused It is the body of rules dealing with the rights and duties owed by individuals and organisations to each other (iii) The standard of proof is beyond a reasonable doubt (iv) Those prosecuted will usually appear in the Magistrates ourt (ii), (iii), (iv) (i), (ii), (iv) (i) and (ii) (iii) and (iv) Question 24 The main function of a Green Paper is to: Publish draft proposals for new legislation Specify the legislative proposals and reasons for them mend European Union law Enable Parliament to provide feedback to the Government Turn over Page 11 of 16

12 Question 25 Section 8 ontempt of ourt ct 1981 prevents a member of the jury from doing which one of the following? eing legally qualified eing paid for their work isclosing what they discuss in the jury room isagreeing with the judge s summing up Question 26 Which one of the following is not a control on delegated legislation? Publication Laying before Parliament Ultra vires ppeal to the Supreme ourt Question 27 The ourt of Justice of the European Union has primary jurisdiction over: (i) irect actions by the European Union against Member States (ii) Preliminary rulings on a point of European Union Law (iii) ctions against European Union Institutions for failure to act (iv) ctions for annulment of an element of European Union law (i), (ii), (iii) (ii), (iii), (iv) (iii) and (iv) ll of the above Page 12 of 16

13 Question 28 Which one of the following is not a form of R? ounselling Negotiation onciliation Mediation Question 29 Which one of the following is responsible for disciplining solicitors? The Law Society Solicitors Regulation uthority Legal Services oard Office for Legal omplaints Question 30 What type of Legal System does England and Wales have? Federal law ivil law ommon law Equitable law End of Examination Paper 2015 The hartered Institute of Legal Executives MRK TOTL: Page 13 of 16

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