Sources of English Law and Judicial Precedent (FECGB 01)

1) Which of the following statement is correct? a. The aim of criminal law is to regulate behavior within society by threat of punishment. b. The aim of law is to punish offenders. c. The aim of criminal law is to provide a means whereby injured person may obtain compensation. d. The aim of the criminal law is to ensure that the will of the majority is imposed upon the minority. 2) Which of the following Correct? a. A contract is entered into voluntarily whereas criminal offences are imposed by the state. b. A tort is entered into voluntarily whereas criminal offences are imposed by the state. c. A contract is entered into voluntarily whereas tort is imposed by the state. i. A only. ii. B only. iii. A & C only. iv. B & C only. 3) Criminal law aims to a. Compensate injured parties. b. Recover property which has been taken from the true owner. c. Enforce obligations. d. Penalize wrong doers.

4) Which of the following is true of a Criminal case? a. The convicted person must pay compensation to his victim. b. The case must be proved beyond reasonable doubt. c. The Director of Public Prosecutions (DPP) is the plaintiff/ Claimant. d. The judgments of the criminal courts are confidential.

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5) Which of the following statements is INCORRECT? a. Common law and equitable principles can be applied by all the courts. b. A wrong committed by one person cannot result in both civil and criminal liability. c. To be found guilty, the prosecution must prove beyond reasonable doubt that the accused committed the offence. i. A only. ii. B only. iii. A & C only. iv. B & C only. 6) Which of the following statements is/are Correct? a. In the event of a conflict between equity and the common law, the common law prevails. b. An Act of Parliament can overrule any common law or equitable rule. i. A only. ii. B only. iii. Neither A nor B. iv. Both A & B. 7) Which of the following is the superior source of English Law? a. A Precedent established by the House of Lords. b. A provision in an Act of Parliament. c. A government pronouncement. d. A statutory Instrument. 8) Which part of a case decided by the courts is binding on lower courts dealing with the same material facts? a. Obiter dicta. b. The decision of the judge. c. The ratio decidendi. d. All the above. 9) Which ONE of the following most accurately describes the ratio decidendi? a. It is a statement of law by a court, which is binding in all higher courts, which are called upon to decide a similar case. b. It is a statement of law by a court, which is not binding on lower courts, which are called upon to decide a similar case. c. It is a statement of law by a court, which is binding on lower courts, which are called upon to decide a similar case. d. It is a statement of law by a court, which is binding on all future courts, which are called upon to decide a similar case. LILAN RANDIKA WICKRAMARATHNE (Paper C05) Page 2

10) Which one of the following is the highest court in England? a. The court of Appeal. b. The House of Lords. c. The High Court. d. The Crown Court. 11) All Criminal cases commence in a. The County court. b. The Crown Court. c. The court of Appeal. d. The Magistrates Court. 12) Before a High Court Judge is required to apply a previous decision to the case actually before him, he must a. Decide whether the decision is binding or merely persuasive. b. Distinguish the Obiter Dicta from the Ratio decidendi and apply the former in his reasoning. c. Determine that the material facts of two cases are similar. d. Be Convinced that the decision was made by a court of higher status than the County Court or Magistrates Court. i. A & C only. ii. B & D only. iii. A B & C only. iv. A B & D only. 13) In the event of a conflict between English and European Union Law, which is superior? a. English Law. b. European Union law. c. English law if enacted after European Union Law. d. Neither, as both are of equal status.

14) Which of the following is CORRECT? a. The House of Lords is Obliged to apply English law, even if it contradicts European Law. b. The House of Lords must apply European Law even if it contradicts English Law. c. If European and English Law conflict, the House of Lords cannot apply either law. d. The House of Lords must apply English Law unless it obtains government permission to apply European Law.

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15) The Primary source of EU Law are a. Regulations b. Foundation Treaties c. Directives d. Decisions

Additional Questions
1. Which of the following statement is correct in relation to the civil law? a. All Civil cases commence in the county court. b. A tort is a Civil Wrong. c. A breach of the civil law does not enable an injured party to claim compensation. d. A person may be prosecuted for the breach of civil law. 2. Which of the following sources of Law is not binding upon the House of Lords? a. A statutory instrument. b. A previous decision of the House of Lords. c. A provision in an Act of Parliament. d. A European Union regulation. 3. Which of the following statements is/are Correct? a. A case filed under civil law is called litigation. b. An order in council is a form of delegated legislation. i. A only. ii. B only. iii. Both A & B. iv. Neither A nor B. 4. Which one of the following is not necessary condition for judicial precedent (case law)? a. It must be a proposition of law. b. It must form part of the ratio decidendi of the case. c. The material facts of each case must be the same. d. It must form the obiter dicta of the case. 5. Which of the following is not a source of English Law? a. Common law. b. Legislation. c. Roman law. d. European law. LILAN RANDIKA WICKRAMARATHNE (Paper C05) Page 4