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1 16 January 2017 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 16 January 2017 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 Which ONE of the following describes the basis of the legal system in England and Wales? Federal law ommon law ivil law Natural law Question 2 Which of the following are features of civil law? (i) The standard of proof is beyond all reasonable doubt (ii) The main parties are called the claimant and the defendant (iii) The principal remedies are damages or equitable remedies (iv) The cases are heard in the Magistrates ourt (i), (ii) and (iii) (i), (iii) and (iv) (iii) and (iv) (ii) and (iii) Question 3 Which ONE of the following statements about a Private Member s ill is correct? The ill always becomes an ct of Parliament ny member of the public may introduce it into Parliament The chances of the ill becoming law are very low It has to have the support of the Government Page 4 of 16

5 Question 4 Which ONE of the following statements about the riminal ases Review ommission is wrong? It was established by the riminal ppeal ct 1995 It can overturn convictions or sentences The ourt of ppeal can refer cases to the ommission to investigate New evidence or new legal argument is needed to review a case Question 5 In which of the following courts can circuit judges sit? rown ourt and ounty ourt ounty ourt and Magistrates ourt High ourt and ounty ourt High ourt and rown ourt Question 6 Which ONE of the following is a disadvantage of trial by jury? Juries can demonstrate opposition to certain laws It is a trial by one s peers It enables ordinary people to take part in the criminal justice system Jurors may be influenced by the media Turn over Page 5 of 16

6 Question 7 Which ONE of the following is not a principal European Union institution? European ouncil European Parliament European abinet European ommission Question 8 Which ONE of the following delegates the power to create secondary legislation? Order in ouncil Enabling ct onsolidation ct onstitutional Reform ct Question 9 Which ONE of the following correctly describes the persuasive element of a judgment? Stare ecisis Judicial ecidendi Ratio ecidendi Obiter icta Page 6 of 16

7 Question 10 aspian wants to be a magistrate. Which of the following will he need to demonstrate? (i) He has a degree (ii) He is of good character (iii) He is middle class (iv) He is socially aware (i) and (ii) (i) and (iii) (ii) and (iv) ll of the above Question 11 t which stage will the purpose and detailed content of a Public ill be explained to Parliament for the first time? First Reading Second Reading Report Stage ommittee Stage Question 12 The ourt of Justice of the European Union has primary jurisdiction over: (i) actions against European Union institutions for failure to act (ii) direct actions by the European Union against Member States (iii) actions for annulment of an element of European Union Law (iv) preliminary rulings on a point of European Union Law (i) and (iii) (ii) and (iv) (i), (iii) and (iv) ll of the above Turn over Page 7 of 16

8 Question 13 ccording to the doctrine of separation of powers, which of the following statements correctly describe the legislature s position? (i) Its power is limited by membership of the European Union (ii) It must abide by the decisions of the Executive (iii) It is independent of the Executive and Judiciary (iv) It can create laws to limit the power of future parliaments (i) and (ii) (ii) and (iv) (iii) and (iv) (i) and (iii) Question 14 Which ONE of the following courts is not bound by the ivisional ourts of the High ourt? rown ourt High ourt ourt of ppeal ounty ourt Question 15 Which ONE of the following is a right contained in Schedule 1 of the Human Rights ct 1998? The right to liberty and security of the person The right to welfare benefits The right to die The right to trial by jury Page 8 of 16

9 Question 16 Jennifer has been supplying arl with clothes for his boutique shop for the past 8 years. Jennifer's last two deliveries of clothes have been faulty causing arl to lose business. Jennifer and arl are now in dispute. Which of the following forms of alternative dispute resolution could Jennifer and arl use to resolve their dispute? (i) Negotiation (ii) onciliation (iii) Litigation (iv) rbitration (i) and (iv) (ii) and (iii) (ii), (iii) and (iv) (i), (ii) and (iv) Question 17 Jake leaves school at 16 and has no legal qualifications but immediately joins ILEx as a student member. Which of the following correctly describes the sequential order of the steps Jake must take to qualify as a hartered Legal Executive: (i) omplete qualifying employment/work based learning (ii) omplete ILEx Level 3 and Level 6 qualifications (iii) omplete the ILEx Graduate Fast-track iploma (iv) ecome a Fellow of ILEx (i), (iii), (ii) and (iv) (ii), (i), (iv) and (iii) (ii), (i), (iv) (i), (ii), (iii) Turn over Page 9 of 16

10 Question 18 Which ONE of the following describes the effect of section 6 of the Human Rights ct 1998? The courts of England and Wales are required to take into account decisions of the European ourt of Human Rights (EHR) It is unlawful for a public authority to act in a way which is incompatible with an EHR right The victim of a breach of the EHR by a public body may bring legal proceedings against that body If legislation does not comply with EHR, a declaration of incompatibility may be made Question 19 Which ONE of the following statements about delegated legislation is correct? The monarch can make Orders in ouncil Regulations can only be drafted by local authorities Only the Secretary of State can make Orders in ouncil government minister can make ye laws Page 10 of 16

11 Question 20 Which ONE of the following summarises the doctrine of stare decisis? It is something said 'by the way' in a judgment Similar decisions should be made in cases where there are similar facts judicial decision that is not binding may be persuasive It is the proposition of law which decides the case in the light or context of the material facts Question 21 Which ONE of the following is not an equitable maxim? Equity permits delay Equity will not assist a volunteer Equity looks to the intent not the form He who seeks equity must do equity Question 22 Which of the following areas of work are undertaken by the Law ommission? (i) ommercial and common law (ii) riminal law (iii) Property, family and trust law (iv) Public law (i), (ii) and (iii) (ii), (iii) and (iv) (i), (iii) and (iv) ll of the above Turn over Page 11 of 16

12 Question 23 Martha is nnabel s landlord and wishes to take nnabel to court for non-payment of rent amounting to 3,000. Which court will hear Martha's claim at first instance? High ourt hancery ivision Magistrates ourt ounty ourt High ourt - Queens ench ivision Question 24 How many people sit on a jury in a criminal case? Question 25 Which ONE of the following is the function of a green paper? To publish the final version of the government s proposals To publish the public s response to government proposals To ensure the ode of Practice on onsultation is followed To publish the government s draft proposals Page 12 of 16

13 Question 26 Which ONE of the following is not an equitable remedy? Restitution Rescission Rectification Injunction Question 27 Which ONE of the following is not a First Tier Tribunal? Mental Health Lands Primary Health Lists sylum Support Question 28 How many principles are contained within the ILEx ode of onduct? Turn over Page 13 of 16

14 Question 29 Which ONE of the following is the main role of the Executive? To apply the law To ensure laws are not ultra vires To govern the country To control Parliament Question 30 Which ONE of the following is correct as to the number of years of qualifying employment necessary to become a Fellow of ILEx? End of Examination Paper 2017 The hartered Institute of Legal Executives MRK TOTL: Page 14 of 16

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