ELSS Week 4

Stem:

Sidney was shopping and slipped in the grocery aisle on a banana, he injured his head, broke his arm and needed surgery to repair his knee.

Question:

What is the standard of proof and on whom is the burden of proof placed?

• A. The burden of proof is on the claimant to prove that on the balance of probabilities the evidence falls in their favour in terms of finding the defendant liable.

• B. The burden of proof is on the claimant to prove that on the balance of probabilities the evidence falls in their favour in terms of finding the defendant guilty.

• C. The burden of proof is on the claimant to prove that beyond reasonable doubt the evidence falls in their favour in terms of finding the defendant liable.

• D. The burden of proof is on the prosecution to prove that on the balance of probabilities the evidence falls in their favour in terms of finding the defendant guilty.

• E. The burden of proof is on the prosecution to prove that beyond reasonable doubt the evidence falls in their favour in terms of finding the defendant liable.

Stem:

The government has decided to pass legislation in the area of health and social care.

Question:

In which form will the government  initially choose to publish the draft paper?

• A. A Green Paper. This is a consultation document made available to individuals and groups with particular expertise in health and social care.

• B. A White Paper. This is a policy document made available to the general public and individuals and groups with particular expertise in health and social care.

• C. Green Paper. This is  a consultation document made available to the general public and individuals and groups with particular expertise in health and social care.

• D. A White Paper. This is a policy document made available to the general public only with particular expertise in health and social care.

• E. A Yellow Paper. This is a policy document made available to the general public only with particular expertise in health and social care.

Stem:

There are arguments to suggest that the Human Rights Act 1998 has diminished the principle of Parliamentary Sovereignty.

Question:

Which of the following answers provides a reason for the impact of the Human Rights Act 1998 on Parliamentary Sovereignty?

• A. Future Parliaments are obliged to take the Human Rights Act into account when making laws in the next 2 years.

• B. Future Parliaments are obliged to take the Human Rights Act into account when making laws in the next 6 years.

• C. Future Parliaments are obliged to take the Human Rights Act into account when making laws in the next 10 years.

• D.Future Parliaments are obliged to take the Human Rights Act into account when making laws in the next 8 years.

• E. Future Parliaments are obliged to take the Human Rights Act into account when making laws in the future.

What does the abbreviation ALL ER stand for?

A. All England Law Report

B. Any English Law Report

C. Always England Law Report

D. Apparent England Law Report

E. All England Law Review

• A

• B

• C

• D

• E

What key principle did the case of Young v Bristol Aeroplane Co Ltd [1944] KB 718 establish?

a.The High Court must always follow its own past decisions.

b.The Supreme Court cannot ever overrule its own previous decisions.

c.The Court of Appeal is bound to follow its own past decisions subject to limited exceptions.

d.The Supreme Court can depart from its own past decisions when it is ‘right to do so’.

e.The Court of Appeal is not bound by its previous decisions.

• A

• B

• C

• D

• E