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1 12 January 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 12 January 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 Yellow X o not turn over this page until instructed by the Invigilator. Page 3 of 16

4 Question 1 What is the principal legislature in England and Wales? The Executive Parliament The House of Lords The House of ommons Question 2 Which of the following statements about riminal law are correct? (i) The standard of proof is on the balance of probabilities (ii) Infringements are viewed as wrongs against society (iii) The defendant is presumed to be innocent (iv) The state imposes punishment (ii), (iii), (iv) (i) and (iii) (i), (iii), (iv) (ii) and (iii) Question 3 Which one of the following statements about Equity is NOT correct? It is discretionary It follows the law It has five main remedies It is based on fairness Page 4 of 16

5 Question 4 Section 7 of the Human Rights ct 1998 provides that: If legislation does not comply with the European onvention on Human Rights (EHR) it allows a declaration of incompatibility to be made Someone who is the victim of a breach by a public body of a right under the EHR can bring legal proceedings against that body Only public authorities are bound to give effect to EHR Rights English courts must take account of the decisions of the European ourt of Human Rights Question 5 The riminal ases Review ommission was established by which ct? onstitutional Reform ct 2005 Human Rights ct 1998 riminal ppeal ct 1995 riminal Justice ct 2003 Turn over Page 5 of 16

6 Question 6 Which of the following are controls over delegated legislation? (i) Substantive and procedural ultra vires (ii) Preventing publication (iii) ompliance with the European onvention on Human Rights (iv) Laying before Parliament (i) and (ii) (i) and (iii) (i), (iii), (iv) (ii), (iii), (iv) Question 7 Which of the following statements best describe Parliamentary ills? (i) There are two main ways of classifying a ill (ii) The majority of ills are Private ills (iii) They can start in the House of ommons or the House of Lords (iv) ifferent types of ills have to follow different processes (i) and (ii) (i), (iii), (iv) (ii), (iii), (iv) (ii) and (iii) Question 8 Judicial Precedent dictates that: The ourt of ppeal can bind the Supreme ourt The ounty ourt can bind the High ourt The Supreme ourt is bound by its decisions The Supreme ourt binds all lower courts Page 6 of 16

7 Question 9 Which one of the following is NOT a way in which a court may avoid following precedent? istinguishing Reversing Overruling The Golden Rule Question 10 Which of the following best describe the features of the European ouncil? (i) It does not have any legislative functions (ii) It defines the general political direction of the European Union (iii) It is known as the Guardian of the Treaties (iv) It is regarded as the civil service of the European Union (i), (iii), (iv) (i) and (ii) (iii) and (iv) (ii) and (iii) Turn over Page 7 of 16

8 Question 11 Which of the following best describe Regulations of the European Union? (i) They are constitutional documents (ii) They are a secondary source of law (iii) They are directly applicable (iv) They are a primary source of law (i), (ii), (iii) (ii) and (iii) (i), (iii), (iv) (iii) and (iv) Question 12 Which one of the following statements about Magistrates ourts is incorrect? They mainly deal with criminal matters The maximum sentence they can impose is six months for one offence They try indictable offences They can commit a case to the rown ourt for sentencing Question 13 n appeal in a contract case from ounty ourt will be made to the: ourt of ppeal ivil ivision ivisional ourt of the hancery ivision ivisional ourt of the Queen s ench ivision Supreme ourt Page 8 of 16

9 Question 14 Which of the following correctly lists the seniority of Judges (starting with the most senior) in England? (i) Justices of the Supreme ourt (ii) High ourt Judge (iii) Lord Justice of ppeal (iv) ircuit Judge (ii), (i), (iv), (iii) (ii), (i), (iii), (iv) (i), (ii), (iii), (iv) (i), (iii), (ii), (iv) Question 15 How many stages are there in the creation of an ct of Parliament? Question 16 Which one of the following regulates barristers, solicitors and chartered legal executives? onstitutional Reform ct 2005 Legal Services ct 2007 riminal Procedure Rules 2010 riminal Justice ct 2003 Turn over Page 9 of 16

10 Question 17 Parveen is serving on a jury. Her friends have asked her about the case. Which one of the following prevents her from discussing it? s1 Legal Services ct 2007 s8 ontempt of ourt ct 1981 s1 Juries ct 1974 s44 riminal Justice ct 2003 Question 18 Which one of the following statements about mediation is incorrect? The parties are normally kept separate The parties can remain on friendly terms resolution is guaranteed It is relatively quick and cheap Question 19 Which one of the following is a hamber in both the First-tier and Upper Tribunals? Immigration and sylum Social Entitlement Lands General Regulatory Page 10 of 16

11 Question 20 With regard to the Separation of Powers, which of the following statements correctly describe the role of the Legislature: (i) It can create laws which limit the law making power of all future Parliaments (ii) Its power is limited by the UK s membership of the EU (iii) It must uphold the decisions of the Executive (iv) It is independent of the Executive and Judiciary (i), (ii), (iii) (i) and (iii) (ii) and (iv) (ii), (iii), (iv) Question 21 Which one of the following statements about delegated legislation is correct? Only local authorities can make y-laws local council can make Orders in ouncil government minister cannot make Regulations The Monarch can make Orders in ouncil Question 22 Which one of the following is NOT a main right protected by Schedule 1 of the Human Rights ct 1998? Freedom of ssembly Right to ccommodation Right to a fair trial Freedom of Expression Turn over Page 11 of 16

12 Question 23 Which one of the following statements about a Private Member s ill is correct? ny member of the public may introduce it into Parliament It has to have the support of the Government The ill always becomes an ct of Parliament The chances of the ill becoming law are very low Question 24 Which one of the following is an advantage of magistrates? They normally have no knowledge of the law They are perceived as being courteous to defendants There is no uniformity in sentences imposed They are generally older people Question 25 Which one of the following regulates the ivil ourts? ivil Justice ct 2003 ivil Procedure Rules 1998 onstitutional Reform ct 2005 Legal id, Sentencing and Punishment of Offenders ct 2012 Page 12 of 16

13 Question 26 When working at a Zoo, Joey had his hand bitten off by a lion. Joey has been told his claim for damages is worth 25,000. Which track will his case be assigned to? Fast Track Personal Injury Track Multi Track Small laims Track Question 27 How many ILEx membership grades are there? Question 28 Which one of the following is NOT a key objective of the Solicitors Regulation uthority? To operate processes to monitor compliance with standards To set the entry standards for the legal profession To represent solicitors in complaints from the public To monitor compliance with standards Turn over Page 13 of 16

14 Question 29 Which one of the following is NOT an equitable maxim? Equity looks to form rather than intent elay defeats equity Equity will not assist a volunteer He who seeks equity must do equity Question 30 Which one of the following is a mandatory Level 3 ILEx Unit? lient are Skills Employment Law onveyancing Family Law End of Examination Paper 2015 The hartered Institute of Legal Executives MRK TOTL: Page 14 of 16

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